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 THE 
 
 SETTLED ESTATES ACT, 1877, 
 
 AND THE 
 
 SETTLED ESTATES ACT ORDERS, 1878. 
 
 Wiit]} 3:utrotiuction, Notes autJ JForius, 
 SUMMAKY OF PEACTICE. 
 
 BT 
 
 JAMES W. MIDDLETOX, B.A., 
 
 OF LIKCOLX'S ISX, BARRISTER-AT-LAW. 
 
 SECOND EDITION. 
 
 LONDON : 
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 1879.
 
 II 
 
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 u. 
 
 ^ PREFACE 
 
 TO THE SECOND EDITION. 
 
 This edition brings the law and the practice 
 under the Settled Estates Act down to the present 
 time. 
 
 The Orders issued in January last are embodied 
 in the work and annotated, the changes in the 
 practice being pointed out. The Summar}' of the 
 Practice has been rewritten, the latest decisions 
 under the Act are referred to, and a number of new 
 Eornis (besides those appended to the Orders) have 
 been added. The Author has adopted the valuable 
 suggestion of one of his reviewers by gi"ving in the 
 Index of Cases full references to all the rejiorts of 
 each case, so that a person wishing to see a deci- 
 sion mentioned in the notes can easily ascertain 
 whether it is reported elsewhere than in the report 
 referred to. 
 
 J. W. M. 
 
 8, New S(iUARE, Likcoln's Inn. 
 March, 1879. 
 
 y'SCi^cfy
 
 I
 
 PEEFACE 
 
 TO THE FIRST EDITION. 
 
 In the preparation of the following work the author has 
 been guided by the desire to produce a practical edition 
 of the Settled Estates Acts, 1877, for the use of the pro- 
 fession. With this object in view he has aimed at con- 
 venience of reference at the risk of occasional repetition. 
 In the table of contents and throughout the body of the 
 work the various sections of the present Act have been 
 collated with the sections of the Acts now repealed, so as 
 to show which sections are new, which are re-enacted, and 
 which are amended, and in what the amendments consist. 
 The new provisions and the amendments introduced have 
 moreover been tabulated in the Introduction. The 
 authorities are an-anged under the sections and rules to 
 which they refer, and are so cited as to follow, wherever 
 practicable, the words used by the judge rather than the 
 head or marginal note of the case. The Appendix con- 
 tains a collection of forms arranged in the order of the 
 sections from which they are derived. Lastly, the sum- 
 mary of practice has been so written as to give a compre- 
 hensive view of the practice under the Act, unincum- 
 bered by authorities, which will be found on reference to 
 the several sections and orders therein indicated. 
 
 J. W. RI. 
 
 8, New Square, Lincolk'.s Ixx, 
 2-ith January, 1878.
 
 i
 
 INTRODUCTION. 
 
 The Settled Estates Act, 1^77, was passed, as 
 the i)rcamble states, for the two-fold puri)Ose of 
 consolidating and amending the law relating to 
 leases and sales of settled estates. The consoli- 
 dation of the five statutes which heretofore em- 
 bodied this law will prove a great convenience 
 in the proper administration of their provisions. 
 At the same time, the amendments introduced 
 are such as to i-ender the advantages of the law 
 more easily and quickly attainable, and less open 
 to be defeated by the capricious opposition of 
 persons holding small interests, or by inherent 
 difficulties in serving and obtaining the consents 
 of j)ersons whose interests are small or remote, 
 or sufficiently represented by persons already 
 before the Court. 
 
 The Acts which form the groundwork for the 
 present consolidating Act, were passed respec- 
 tively in the years 18.36, 1858, 18(54, 1874, and 
 187C. In order to understand thoroughly the 
 progress that has been made since the Act of 
 185G, in facilitating the jurisdiction thereby cou- 
 feiTcd on the Court of Chancery, to introduce 
 powers of sale and granting leases into settle- 
 ments which wanted them, it will be advanta- 
 geous to trace shortly the history of the Acts, 
 and to examine the different stages of the law 
 relating to this jurisdiction. 
 
 The causes which led to the passing of the Act The pro- 
 of 1S5G, are thus stated by .Mr. Brickdale (p. G): ^i'^"'' ^^^•'=^-
 
 VIU INTRODUCTiOX. 
 
 " The defectiveness of the general law led to 
 elaboi'ate powers in settlements, defectiveness in 
 settlements led to Private Estates Acts, and the 
 inconvenience of Private Estates Acts to the pre- 
 sent public Act." The Act of 185G, however, 
 was not so framed 'as to render an application to 
 the Court under it an easy and inexpensive pro- 
 ceeding, as it followed in general the practice in 
 Parliament on Private Estates Bills. The Act of 
 1858 was directed to the explanation of some 
 controverted points merely which had arisen on 
 the original Act, and amended and extended the 
 latter in some important particulars, hut did not 
 touch the procedure. The first important step 
 towards simplifying the procedure was taken by 
 the Act of 1864, whereby the condition that 
 leases should be settled by the court was removed, 
 and the expense of applications for the sanction 
 of leases was considerably diminished. The next 
 Act, passed in 1874, made another important 
 advance, by enacting that persons who did not 
 consent or concur in the application, and who 
 did not deliver a notification in reply to a notice 
 duly served upon them, might be deemed to 
 have submitted their rights and interests to the 
 Court. It also enabled the Court luider given 
 cii'cumstances to dispense witli the consent of 
 persons interested. The last of the four Settled 
 Estates Acts passed in 187G, only provided for 
 the cost of making dedications for roads, &c. 
 But, notwitlistanding these various amendments, 
 the working of the principal Act was slow and 
 expensive. Its provisions "proved extremely 
 beneficial in numerous cases, where from the 
 want of an adequate trust or power in the settle- 
 ment, the opportunity of eftccting an advanta- 
 geous sale would otherwise have been perhaps 
 irretrievably lost, but their practical utility has 
 been greatly impaired by the stringent statutory
 
 IMUDJJLLTIUN. ix 
 
 rcquiremciifs, as to notices, conseuts, etc., and 
 the cuniliroiis machinery which has been pro- 
 vided for tho exercise of the jurisdiction" {DarVs 
 Vendors and J^iorhasers, 5th cd. p. 118i'). The 
 present Act, 40 & 41 Vict. c. IJS, by repealing K'|i=^t^of^^ 
 all the previous Acts, has swept away many of is7~. 
 the obstacles which impeded the working of the 
 original Act of \f^'>('>. The removal of the neces- 
 sity for advertisements, the provisions extending 
 the powers of tlie Court to dispense with con- 
 sents and with notices in certain given cases, 
 and the amendment whereby an express decla- 
 ration in the instrument is rendered alone suffi- 
 cient to oust the jurisdiction, and to exclude 
 the operation of the Act^ will have done much 
 to make the machinery less cumbrous, more 
 easily set in motion, and subject to fewer checks, 
 through trifling informalities. The present Act 
 is in the main framed on the lines of the five 
 Acts which it repeals, but points which have 
 been the subject of conflicting judicial opinions 
 have been cleared up, several importtint new 
 provisions have been introduced, and several sec- 
 tions amended so as to smooth away their diffi- 
 culties and to extend their ])rovisions. The 
 changes introduced into the law are liere tabu- 
 lated. 
 
 The following are the princii>al new provisions ^>y■ P''^- 
 hitroduced by the Act of 1877 : — 
 
 1. The Court is empowered (sec. 17) to sanc- 
 tion proceedings for the protection of any settled 
 estate, and to provide for the costs of such pro- 
 ceedings. 
 
 2. Section 25 removes the obstacle which hin- 
 dered the exercise of the powers conferred by the 
 Act in cases where the tenant-in-tail was an in- 
 fant, and it is now competent to the Court to 
 dispense with the consent of all persons holding 
 intert-sts subsc<n;ent to that of sucii iufaut. 
 
 <( :3
 
 INTRODUCTION. 
 
 3. Notice of an application under the Act may 
 now be dispensed -with where the intci'est of a 
 person who cannot be found, or ■whose existence 
 is uncertain, or -who cannot be served without 
 disproportionate expense, are small, or remote, or 
 sufficiently represented by those of other persons 
 holding analogous interests (sec. 27). 
 
 4. Money paid into Court under the Act in 
 respect of any estate less than a fee simple, or of 
 a reversion, may, on the petition of the person 
 interested, be invested at the discretion of the 
 Court (sec. 37). 
 
 5. The Court of Chanceiy of the County 
 Palatine of Lancaster, in England, and the 
 Landed Estates Court in Ireland, have received 
 concurrent jurisdiction with the Chancery Divi- 
 sion of the High Court, and the Com-t of Chanceiy 
 in Ireland, in matters and proceedings under this 
 Act (sees. 44 and 45). 
 
 The following are the most important amend- 
 ments introduced by the present Act : — 
 
 1. Leases in Ireland, whether agricultural or 
 occupation leases, sanctioned by the Court (sec. 4, 
 subs. 1), or leases by tenants for life (sec. 46), 
 are extended to thirty-five years. 
 
 2. The power given to the Court to recognize 
 the custom of a district by granting leases for 
 longer terms than those fixed by the Act, was 
 formerly confined to building leases, but is now 
 extended to all except agricultural leases (sec. 4, 
 subs. 1). 
 
 3. In a mining, or a repairing, or a building 
 lease, a peppercorn rent, or a rent smaller than 
 the " best rent," may now be reserved during the 
 first five years of the term (sec. 4, subs. 2). 
 
 Dedications. 4. The cost of constructing roads, streets, &c. 
 (sec. 21), may be thrown on the income of settled 
 property in the discretion of the Court, and the 
 Court can make provision for the expense of 
 maintaining such works in repair. 
 
 Amend 
 ments. 
 
 Leases in 
 Ireland. 
 
 Custom of 
 the district, 
 
 Rent le.ss 
 than the 
 " best rent.
 
 INTHODUCTIUX. XI 
 
 5. A petition under the Act may be presented 
 by the assignee of any person who but for the 
 assignment would have been entitled to i)etition 
 (sec. 23). 
 
 (j. Perhaps the most important amendment is 
 contained in section 31, by which the insertion 
 in the newspapers of advertisements, giving 
 notice of an application under tlie Act, is only 
 to take place " if the Court shall so direct, but 
 not otherwise." 
 
 7. Moneys paid into the Bank of Ireland AMiHcation 
 under tliis Act may be applied in the purchase irJia'n"*^^ '" 
 or redemption of rent charge in lieu of tithes, 
 
 crown rent, or quit rent (sec. 34). 
 
 8. Section 36 sets at rest the controverted cash umier 
 point whether or not money paid in under the the cnnt. 
 Settled I'^statcs Act was " cash under the control 
 
 of the Court," and atfirms the decisions which 
 held it to be siich. 
 
 9. An " express declaration " is alone to be Exclusion 
 taken as excluding the operation of the Act — " 
 
 '* manifest intention," " reasonable inference," 
 and " extrinsic circumstances or evidence," will 
 no longer stand in the way of an order being 
 made in exercise of the powers conferred by it 
 (sec. 38). 
 
 10. Sec. 32 of the original Act is extended by 
 section 4G of the Act of 1877, so as to give per- 
 sons having estates ^^-oj^r (n(t7-e vie, similar 
 powers to those enjoyed by tenants for life. 
 Leases made under this section may now be 
 made to take etiect within one year after the 
 making thereof. The original Act required a 
 condition of re-entry "on non-observance of any 
 of the covenants or conditions" contained in the 
 lease — those words have been struck out. 
 
 The advantages of these new enactments and 
 amendments, will be apparent on comparing the 
 law under the repealed Acts with the law as it
 
 Xll l^"TRODUCxION. 
 
 now stands. In the first place, the delay is iu 
 all ordinary cases very considerably diminished, 
 and with it the expense of the application. For- 
 merly, after the presentation of the petition, a 
 summons had to be taken out for directions as 
 to advertisements. It was usual for these to be 
 repeated during three successive weeks and the 
 petition could not be set down for hearing before 
 three weeks had elapsed since the a^jpearance of 
 the last of the advertisements. The inconve- 
 nience of this delay of at least six weeks Avas 
 well illustrated in the course of the debate on 
 the ^Settled Estates Bill of 18G4, by the Earl of 
 Malmesbury. A fashionable watering-place was 
 growing very rapidly, and had extended itself to 
 his settled estates, but the builders and con- 
 tractors could not wait for several weeks until au 
 order could be obtained under the Act authoris- 
 ing leases of the settled estates, and consequently 
 they took building leases of other lands which 
 were not under a similar disadvantage. In all 
 ordinary cases, there need not be under the pre- 
 sent Act any delay between the presentation of 
 the petition and its being set down for hearing. 
 In the second place, great, and in some cases in- 
 superable difficulty arose from the absence out of 
 the jurisdiction, or from ignorance of the whei'e- 
 abouts of a party interested in the settled estate, 
 or from some other similar cause. Consents were 
 at times olistinately refused without a tangible 
 reason, and were even occasionally withheld to 
 extort a money payment for giving them. The 
 Court is now at liberty to dispense with notice in 
 the former cases, and to dispense with consent in 
 the latter, thereby avoiding such obstacles to the 
 exercise of the powers given to it. 
 
 The present Act has made no alterations in the 
 law applicable to cases where inftmts are con- 
 cerned; it will still be necessary to have a special
 
 I.NTIKJDLCTION. Xlll 
 
 guardian aitpuintud, and the cuiisont or ajiplioa- 
 tiou of the natural or testamentary "guardian will 
 continue to be insutticient. Nor docs tire Act 
 provide for the case where an interest is vested 
 in a person of" unsound mind not so found by 
 in([uisition ; if notice cannot 1)C dispensed with 
 under section 27, or consent under section 28, 
 the only alternative will be as heretofore, to 
 have a committee <luly ai)pointed.
 
 TABLE OF CONTENTS. 
 
 Page 
 
 I.NTROPUCTION .....'.... 1 
 
 Correspomling sections of 
 Clause. the repealed Acts. 
 1 Short title .... 2 
 
 2. 19 & 20 Viet. c. 120, s. 1 . Interpretation of "settle- 
 21 & 22 Vift. e. 77, s. 1 meut " and "settled es- 
 
 27 & 28 Vict. c. 45, s. 3 tates." .... 5 
 
 3. . . . . . . Interpretation of " the Court. 5 
 
 4. 19 & 20 Vict. c. 120, s. 2 . Power to autliorise leases of 
 
 21 & 22 Vict. c. 77, ss. 2, 4 settled estates ... 5 
 
 5. 19 & 20 Vict. c. 120, s. 3 . Leases may contain special 
 
 covenants . . . .11 
 
 <3. 19 & 20 Vict. c. 120, s. 4 . Parts of settled estates may be 
 
 leased . . . .12 
 
 7. 19 & 20 Vict. c. 120, s. 5 . Leases may be suiTcndcred 
 
 21 & 22 Vict. c. 77, s. 5 and renewed . . .12 
 
 8. 10 & 20 Vict. c. 120, s. 6 . Power to autliori.se leases to 
 
 extend to xireliniinary con- 
 tracts . . . .12 
 
 9. 21 & 22 Vict. c. 77, s. 3 . Powers of leasing to include 
 
 powers to lords of settled 
 manors to give licenses to 
 their copyhold or custo- 
 mary tenants to grant 
 leases . . . .13
 
 Xvi CONTENTS. 
 
 Corresponding sections of 
 Clanse. the rcpeaka Acts. Tage 
 
 10. 19 & 20 Vict. c. 120, s. 7 . Mode in whicli leases may Lc 
 
 authorised . . . 1<J 
 
 11. 19 & 20 Vict. c. 120, s. 8 . \Ybat evidence to be produced 
 
 ou an application to autho- 
 rise leases ... 14 
 
 12. 19 & 20 Vict. c. 120, s. 9 . After approval of a 
 
 Court to direct who shall 
 
 be the lessor . . .14 
 
 13. 19 & 20 Vict. c. 120, s. 10 Powers of leasing may be 
 
 vested in trustees . . 15 
 
 14. 27 & 28 Vict. c. 45, s. 1 . Condition that leases be 
 
 settled by the Court not to 
 be inserted in oi'ders made 
 under this Act . . .17 
 
 15. 27 & 28 Vict. c. 45, s. 2 . Conditions where inserted 
 
 may be struck out . .18 
 
 16. 19 & 20 Vict. c. 120, s. 11 Court may authcd-ise sales of 
 
 settled estates and of timber 19 
 
 1"/, . . . . . . Proceedings for protection . 23 
 
 18. 19 & 20 Vict. c. 120, s. 12 Consideration for land sold for 
 
 building may be a fee-farm 
 rent 24 
 
 19. 19 & 20 Vict. c. 120, s, 13 Minerals, &c., may be excepted 
 
 from sales . . . .24 
 
 20. 19 & 20 Vict. c. 120, s. 14 Court may authorise dedica- 
 
 tion of any jjart of settled 
 estates for streets, roads, 
 and other woi'ks . . 25 
 
 21. 39 & 40 Vict, c, 30, s. 1 .As to laying out and making 
 
 and executing and main- 
 taining streets, roads, and 
 other works, and expenses 
 thereof . . .26 
 
 22. 19 & 20 Vict. c. 120, s. 15 IIow sales and dedications are 
 
 to be effected under the 
 direction of the Court . 27
 
 e UN TENTS. XVI 1 
 
 CorrcspomlinK sections of 
 Clanse. tlic U'licakd Acts. Page 
 
 23. 19 & 20 Yict. c. 120, s. 16 Ai>i.lication 1 y i.ctition to 
 
 exercise powers conferred 
 
 by this Act . . . 23 
 
 24. 19 & 20 Vict. c. 120, s. 17 With whose consent such ap- 
 
 plication to he made . . 30 
 
 25. . . . . . . Court may dispense with con- 
 
 sent in re.spcct to certain 
 estates . . . .33 
 
 26. 37 & 38 Yict. c. 33, s, 2 . Notice to be given to persons 
 
 who do not consent to or 
 concur in the application , 33 
 
 27. ...... Court may di.spense with 
 
 notice under certain circum- 
 stances . . . ■.34 
 
 28. 27 & 28 Vict. c. 45, s. 3 . Court may dispcns^e with cm- 
 
 sent, having regard to tlic 
 number and interests of 
 pailies . . . .35 
 
 29. 19 & £0 Tict. c. 120, s. IS Petition may be granted with- 
 
 out consent, saving rights of 
 non-consenting j^arties . 37 
 
 30. 19 & 20 Vict. c. 120, s. 19 Notice of application to Vc 
 
 sened on all trustees, &c. . £8 
 
 SI. 19 & 20 Vict, c, 120, s. 20 Notice (f applicatioi to le 
 
 given in newsj aj eis, if 
 Court direct . . .38 
 
 32. 19 & 20 Vict. c. 120, s. 21 No application under this Act 
 
 to be granted where a simi- 
 lar ajiplication iias been 
 rejected by Parliament . £9 
 
 33. 10 & 20 Vict. c. 120, s. 22 Notice of the exercise of 
 
 powers to be given as 
 directed by the Court . . 40 
 
 34. 19 & £0 Vict. c. 120, s. 23 Payment and applicaticn of 
 
 moneys arising from sales 
 or set aside out of rent, &c., 
 leservtd on mining leatcs . 41
 
 XVlU CONTENTS. 
 
 C'ori'ospoiuliiif: sections of 
 Clause. the repealed Acts. Page 
 
 35. 19 & 20 Vict. c. 120, s. 24 Trustees may ajiply moneys in 
 
 certain cases witliout appli- 
 cation to Court . . .44 
 
 3(5. 19 & 20 Vict. c. 120, s. 25 Until money can be applied to 
 
 be invested, and dividends 
 to be paid to parties en- 
 titled . . . .45 
 
 37. ...... Court may direct application 
 
 of money in i-espect of leases 
 or reversions as may appear 
 just . . . ' . .46 
 
 33. 19 & 20 Vict. c. 120, s. 26 Court may exercise powers 
 
 repeatedly, but may not ex- 
 ercise them if expressly 
 negatived . . . .47 
 
 39. 19 & 20 Vict. c. 120, s. 27 Coui-t not to authorise any 
 
 act which could not have 
 been authorised by the 
 settlor . . . .48 
 
 40. 19 & 20 Vict. c. 120, s. 23 Acts of the Court in professed 
 
 pursuance of this Act not 
 
 to be invalidated . .48 
 
 41. 19 & 20 Vict. c. 120, s. 29 Costs 50 
 
 42. 19 & 20 Vict. c. 120, s. 30 Rules and orders ... 51 
 
 43. 19 & 20 Vict. c. 120, s. 31 Rules and orders to be laid 
 
 before Parliament . . 53 
 
 44. ...... Concurrent jurisdiction of the 
 
 Court of Chancery of the 
 County Palatine of Lan- 
 caster . , . .53 
 
 45. ...... Application for lease or sale 
 
 in Ireland may l)e made to 
 Landed Hstates Court . . 54 
 
 46. 19 & 20 Vict. c. 120, s. 32 Tenants for life, &c., may grant 
 
 leases for twenty-one years . 54
 
 CONTENTS. XIX 
 
 CorrosiHiiidiiiK sectimis of 
 aauso. tlie r.i>tMlfa Acts. Page 
 
 47. 19 & 20 Vict. c. 120, s. 33 Against wliom such leases 
 
 21 & 22 Vict. c. 77, s, 8 shall be valid ... 59 
 
 48. 19 & 20 "Vict. c. 120, s. 34 Evidence of execution of 
 
 counterpart lease by lessee 59 
 
 49. 19 & 20 Vict. c. 120, s. 36 Trovision as to infant.s luna- 
 
 tics, &.C. . . . .59 
 
 50. 19 & 20 Vict. c. 120, s. 37 A married woman applying to 
 
 tlio Court or con.senting to 
 be examined apart from her 
 husband . . . .CI 
 
 51. 19 & 20 Vict. c. 120, .s. 38 Examination of married wo- 
 21 & 22 Vict. c. 77, s. 6 man how to be made when 
 
 residing within the jurisdic- 
 tion of the Court, and how 
 when residing without such 
 jurisdiction . . .63 
 
 52. 19 k 20 Vict. c. 120, s. 39 As to application by or con- 
 
 sent of manied women, 
 whether of full age or under 
 age . • . • .64 
 
 53. 19 & 20 Vict. c. 120, s. 40 No obligation to make or con- 
 
 sent to application, Ac. . 64 
 
 54. 19 & 20 Vict. c. 120, s. 41 Tenants for life, &c., to be 
 
 deemed entitled notwith- 
 standing incumbrances . 65 
 
 55. 19 & 20 Vict. c. 120, s. 42 Exception as to entails created 
 
 by Act of Parliament . . 65 
 
 56. 19 & 20 Vict. c. 120, s. 43 Saving rights of lords of 
 
 manors . . . .65 
 
 57. , , .... To what settlements this Act 
 
 to extend . . . .60 
 
 58 Repeal of Acts specified in 
 
 schedule. Schedule. . C6 
 
 59 Paving 67 
 
 60 Extent of Act . . . 68 
 
 61. . . . . . Commencement of Act . . 68
 
 XX CONTENTS. 
 
 Page 
 S0MMARy OF Practice 69 
 
 Orders 83 
 
 Forms of petitions, orders, &c., under the Act . . 109 
 
 conveyances . . . . • . .142 
 
 Index 145
 
 TABLE OF CASES. 
 
 PACK 
 
 Adaiu's S. E., re (16 L. R. Eq. 124 ; 42 L. J. Ch. S41) . 4, 20 
 
 Adams' S. E., re (9 Ch. D. 116 ; 38 L. T. N. S. 877 ; 27 W. R. 
 
 110) 21 
 
 Andrews' S. E., re (26 W. R. 811 ; 38 L. T. N. S. 867) . . 20 
 Aston v. Meredith (13 L. R. Eq. 292 ; 26 L. T. N. S. 281) . 42 
 A. G. V. Christchurch (3 Giff. 521) 17 
 
 Bailey v. Holmes, re Ives (3 Ch. D. 690 ; 24 W. R. 1068) . 32 
 Banbury's S. E., re (13 W. R. 370; 5 N. R. 229 ; 11 Jur. N. S. 
 
 27 ; 11 L. T. N. S. 3S5) 97 
 
 Bateman's S. E., re (13 W. R. 513 ; 34 L. J. Ch. 320 ; 12 L. T. 
 
 N. S. 133^ 96 
 
 Beioley v. Carter (4 L. R. C. A. 230 ; 38 L. J. Ch. 92 and 283 ; 
 
 17 W. R. 300 ; 19 L. T. N. S. 472 ; 20 L. T. N. S. 381) . 
 
 2, 3, 31, 49 
 Belt's S. E., re (25 W. R. 901 ; 37 L. T. N. S. 272) . 
 Bendysh's S. E., re (3 Jur. N. S. 727 ; 5 W. R. 816) 
 Bicknell's S. E., re (14 L. R. Eq. 467 ; 20 W. R. 937). 
 
 Birtle, re (11 W. R. 739) 
 
 Bishop of London, ex parte (2 De G. F. & J. 14) . 
 
 Bolton Estates Act, re (19 W. R. 429 ; 24 L. T. N. S. 86). 
 
 Bolton Estates Act, re (W. N. 1878, p. 65) . 
 
 Boughton, r: (12 W. R. 34 : 9 L. T. N. S. 360) 
 
 Bowen j'. Evans (1 J. & L. 178) . 
 
 Boyd's S. E., re (S Ir. R. Eq. 76) 
 
 Bnusher's Trusts, re (6 W. R. 406) .... 
 Brcaley's S. E., re (29 L. T. 208 ; 5 W. R. 613) 
 Broadwood's S. E., re (7 L. R. C. A. 323 ; 41 L. J. Ch. 
 
 20 W. R. 458 ; 2*3 L. T. N. S. 650) 
 Broadwood's S. E.,re (I Ch. D. 438 ; 45 L. J. Ch. 168 ; 24 W. R. 
 
 108) 
 
 
 43 
 
 
 64 
 
 . 85, 
 
 , 96 
 
 
 2 
 
 
 43 
 
 
 43 
 
 
 67 
 
 
 31 
 
 
 49 
 
 45, 
 
 101 
 
 
 44 
 
 
 64 
 
 349; 
 
 
 . 62, 
 
 , 64
 
 XX 11 TABLE OF CASES. 
 
 PAGE 
 Brown v. Feimefatlior ; i-e Mjnktou Farleigli Estate (4 N. R. 
 
 221) 98 
 
 Burdin, re (7 W. R. 711 ; 5 Jur. N. S. 1378 ; 28 L. J. Cli. 840 ; 
 
 2 L. T. N. S. 70) 2 
 
 Barley's S. E., re (W. N. 1868, p. 148 ; 18 L. T. N. 3. 458) . 40 
 
 Burnley's S. E., re (23 W. R. 546) 86 
 
 Caddick, S. E.,re (7 W. R. 334) 60 
 
 Carlyon r. Truscott (20 L. R. Eq. 348) . . ... 3 
 
 Carr's S. E., re (7 Jur. N. S. 1267 ; 9 W. R. 776) ... 7 
 
 Cbamberlain, re (23 W. R. 852) 32 
 
 Chambers, S. E., re (28 Beav. 655 ; 29 L. J. Oh. 924 ; 8 W. R. 
 
 646 ; 6 Jur. N. S. 1005 ; 3 L. T. N. S. 49) 16, 17, 19, 26, 27 
 
 Cheshunt College, re (3 W. R. 638) 43 
 
 Cbilcott's Estate, re (W. N. 1877, p. 259) 39 
 
 Clark, re (1 L. R. C. A. 292 ; 13 L. T. N. S. 732) . . . 2, 8 
 Cleveland's S. E., re Duchess of (22 W. R. 818) . ... 7 
 Cleveland's Harte Estates, re Duke of (2 L. T. N. S. 78 ; 1 Dr. & 
 
 Sm. 431 ; 7 Jur. N. S. 769 ; 9 W. R. 883 ; 30 L. J. Ch. 862) 
 
 31, 43, 50 
 Clougli's S. E., re (15 L. R. Eq. 284; 42 L. J. Ch. 393 ; 21 
 
 W. R. 452 ; 28 L. T. N. S. 261) 61 
 
 CoUett V. Collett (2 L. R. Eq. 203) 3 
 
 Corbet's Settlement, re (W. N. 1866, p. 318 ; 15 L. T. N. S. 
 
 173) 97 
 
 Corporation of London, ex parte the (5 L. R. Eq. 418) . . 43 
 Crabtree's S. E., re (10 L. R. C. A. 201 ; 23 W. R. 761 ; 32 L. T. 
 
 N. S. 349; 44L. J. Ch. 261) 34 
 
 Cross' Charity, re (27 Beav. 592) 7,16,40 
 
 Cundce, re (37 L. T. N. S. 271) 37 
 
 Curtis V. Price (12 Ves. 89) 49 
 
 Cust V. Middleton (3 De G. F. k J. 33 ; 30 L. J. Ch. 260 ; 7 
 
 Jur. N. S. 151 ; 3 L. T. N. S. 718 ; 9 W. R. 242) 7, 9, 13 
 
 Dendy, re (4 Ch. D. 879 ; 46 L. J. Ch. 417 ; 25 W. R. 410) . 32 
 D'Eyncourt v. Gregory (3 Ch. D. 636 ; 45 L. J. Ch. 635 ; 25 
 
 W. R. 6) _ . . . . 4 
 
 Dickson v. Jackson (25 L. J. Ch. 5S3) . . . . .43 
 Doe V. RadcLfle (10 East, 273) 58
 
 TABLE OF CASES. XXIU 
 
 I'A'; K 
 Dorning's S. E., re (14 W. R. 125 ; 13 L. T. N. S. 494) . .17 
 Drake r. Trefusis (10 L. K. C". A. 307) iJ. 
 
 Evans, re (2 M. & K. 318) 8 
 
 Eyre V. Sauders (5 Jur. N. S. 704 ; 7 W. R. 366 ; 23 L. J. Cli. 
 
 439 ; 4 Jur. N. S. 830 ; 31 L. T. 39) . . 4, 28, CI 
 
 Eyre's Estates, re (4 K. & J. 268 ; 31 L. T. CI). 79) ... 1:1 
 
 Ford's S. E., re (S L. R. Eq. 309) 7, 12 
 
 Foster's S. E., re (1 DeG. & J. 386 ; 24 Beav. 220 ; 26 L. J. Ch. 
 
 836 ; 29 L. T. 256 ; 5 W. R. 726 ; 3 Jur. N. S. 833) C2, VZ 
 Foster r. Foster, (1 Ch. D. 588 ; 45 L. J. Ch. 301 ; 24 W. R. 185) 44 
 
 Goodwin's S. E.. re; ex parte Butler (3 Giff. 620 ; 10 W. R. 612 ; 
 
 6 L. T. N. S. 330 ; 8 Jur. N. S. 1170 ; 7 L. T. N. S. 310) 
 
 4, 5, 20 
 Green v. Thompson ; re Thompson's S. E. (Johns, 418 ; 5 Jur, 
 
 N. S. 134:3) 19, 28, 29, 47, 49, 60, 85 
 
 Greenaway r. Hart (14 C. B. 340) 5 8 
 
 Greene's S. E., re (10 Jur. N. S. 1095 ; 11 L. T. N. S. 301) 4, 16 
 Grey v. Jenkins (26 Beav. 355) 4, 31, 48 
 
 Halliday's S. E., re (12 L. R. Eq. 199 ; 40 L. J. Ch. 687 ; 19 
 
 W. R. 966) 63 
 
 Hargreave's S. E., »-e (15 W. R. 54 ; 15 L. T. N. S. 173) . . 26 
 
 Harvey v. Clarke (25 Beav. 7) 30 
 
 Hemingway, re (7 W. R. 279 ; 33 L. T. 103) . . . . 17 
 
 Hemslcy's S. E., re (16 L. R. Eq. 315 ; 43 L. J. Ch. 72 ; 21 
 
 W. R. 821 ; 29 L. T. N. S. 173) . . . 42, 45, 48, 96 
 
 Henchy, re (3 Jr. Jur. N. S. 73) 
 
 Hillianl's S. E., re (38 L. T. N. S. 93) . 
 
 Hilton's Trusts, 7T (14 L.T. N. S. 129) .... 
 
 Hole's Trusts, re (W. N. 1868, p. 70) . 
 
 Hooke's E.st;vte, re (W. N. 1875, p. 29) 
 
 Hope V. Lord Cloncurry (8 Jr. R. Eq. 555) 
 
 Horn's S. E., re (29 L. T. N. S. 832) 
 
 Horton's S. E., ?-c (34 Beav. 386) 
 
 Hoyle's Trusts, re (10 Jur. N. S. 811 ; 12 W. K. 1125 ; 10 L. T 
 
 N. S. 775) 19 
 
 42 
 22 
 28 
 37
 
 XXIV TABLE OF CASES, 
 
 PAGE 
 
 llacWi S. E., re (2 H. & M. 202 ; 11 Jur. N. S. 7S ; 13 W. R. 
 
 171 ; 11 L. T. N. S. 592) . . 20, 26, 27, 48, 50, 65 
 
 Hutchinson's Trusts, re (12 Jur. N. S. 245 ; 14 W. R. 473 ; 14 
 
 L. T. N. S. 129) 14, 15 
 
 Ives, re. See Bailey v. Holmes. 
 
 James, deceased, re Robert (5 L. R. Eq. 334) . . . .60 
 
 Johnson, re (8 L. R. Eq. 348) 42 
 
 .Tohnson's S. E., re (W. N. 1869, p. 87) 64 
 
 Jones' S. E., re (5 Jur. N. S. 138 ; 7 W. R. 171) . . . 16, 17 
 
 Kellaxd r. Telford (6 Ch. D. 491) 44 
 
 Kentish Town Estates, re; Weeding r. Weeding (1 J. & H. 230) 
 
 16, 97 
 Kilmorcy's S. E., re Earl of (25 W. R. 54) . . . 35, 63, 98 
 Knott V. Cottee (27 Beav. 33) 22 
 
 Laing's Trusts, re (1 L. R. Eq. 417 ; 35 L. J. Ch. 282 ; 12 Jur. 
 
 N. S. 119 ; 14 W. R. 328 ; 14 L. T. N. S. 56) . . . 4 
 Law, re (7 Jur. N. S. 511 ; 3 Giff. 126) , . . . 20, 25 
 
 Legge's S. E., re (6 W. R. 20) 38 
 
 Legh, ex parte (15 Sim. 445) ....... 8 
 
 Leigh's Estate, re (6 L. R. C. A. 8S7) 43 
 
 Letchford, re (2 Ch. D. 719) 8 
 
 Lewis' S. E., re (24 W. R. 103) 36, 64 
 
 Lloyd v. Johnes (9 Ves. 37) 49 
 
 London, ex parte, Bishop of. See Bishop of London, ex 'parte, 
 
 Lovat V. D. of Leeds (11 L. T. N. S. 442) 51 
 
 Mallin, re (3 Giff. 126 ; 7 Jur. N. S. 511 ; 30 L. J. Cli 
 
 4 L. T. N. S. 435 ; 9 W. R. 588) . 
 Hanson's S. E., re (24 Beav. 220) .... 
 Jlarner's Trusts, re (3 L. R. Eq. 432) 
 Marshall's S. E., re (15 L. R. Eq. 66 ; 27 L. J. Ch. 439) 
 Merry's S. E., re (15 W. R. 317 ; 14 W. R. 665 ; 36 L. J. 
 
 168 ; 15 L. T. N. S. 529 ; 14 L. T. N. S. 110) . 
 Mewburn's S. E., re (22 W. R. 752) . 
 
 Mildmay v. Quicke (6 Ch. D. 553) 
 
 Milward's Estate, re (6 L. R. Eq. 248) . 
 
 Monkton Farleigh Estates, re. See Browne v. Peniicf.ither. 
 
 929; 
 
 
 20. 
 
 25 
 
 62, 64, 
 
 93 
 
 
 51 
 
 . G3, 
 
 97 
 
 . Ch. 
 
 
 81, 
 
 98 
 
 
 88 
 
 . 
 
 44 
 
 . 20, 
 
 25
 
 TAULK OF CASKS. XXV 
 
 PAGE 
 
 Mor^'an'a S. E., re (1' L. R. Ivi. 58S ; 13 W. 11. 51 «) 2, 3, -28, 42, 
 
 44, 48 
 
 Newman's S. E., re (i> L. R. 0. A. 6.S1 ; 43 L. J. Cli. 7i'-i) 
 Northey's S. E., re (Bnckdule, S. E. Act, 1-27) 
 
 Noycs, re (6 W. R. 7) 
 
 Nane's S. E., re (V\. N. 1SG7, p. 109) .... 
 
 
 ■12, 
 
 44 
 
 i<; 
 
 (J 4 
 
 U-2. 
 
 04, 
 
 11 3 
 
 33 
 
 51 
 
 Packer, re (39 L. J. Ch. 220) 
 
 Parby's Trusts, re (29 L. T. 72) .... 
 Parry's Will, re (34 Beav. 402) .... 
 
 Pattison's Devised Estates, re (W. N. 1876, p. 290) 
 Peacock's S. E., re (15 "\V. R. loO ; 12 Jur. N. S. 959 ; 15 L. T. 
 
 N. S. 206) '20, 44 
 
 Potts' Estates, re (10 L. R. Eq. 031 u. ; 15 W. R. 29) . . . 32 
 Puxley, ca;2)«r<c(2Ir. R. Eq. 237) 29 
 
 QuEENSBEKBY Case (Sugden on Powers, 785) . . . . 53 
 
 Rawlins' Estate, re (1 L. R. Eq. 287 ; 13 L. T. N. S. 02C) 9, 12 
 Revcley's S. E., re (11 W. K. 744 ; 8 L. T. N. S. 450 ; 32 L. J. 
 
 Ch. 812) 10 
 
 Reynolds, re (3 Ch. D. 01) 43 
 
 Roper's Estate, re (2 N. R. 442) 22 
 
 Rus-sell'sS, E.,re(22 W. R. 399) 18 
 
 Rutland V. Doe cl Wythe (12 M. & W. 356 ; 10 Cl. & E. 419) . 57 
 
 Rylar, re (24 W. R. 949) 34, CO 
 
 Salisbury, re, Marquis of (2 Ch. D. 39) 60 
 
 Scarsdale v. Curzon (1 J. & H. 66) 29 
 
 Scott V. Heisch (33 L. T. N. S. 498 ; 24 W. R. 108) . . 23, 40 
 Se-Kton Barnes' S. E., re (10 W. R. 416 ; 6 Jur. N. S. 40 ; L. T. 
 
 N. S. 40) 
 
 Shaw's S. E., re (14 L. R. E<i. 9) . . . 
 
 Sheffield's S. E., re ^W. N. 1876, p. If 2) . 
 
 Shepheard's S. E., re (8 L. R. Eq. 573 ; 39 L. J. Ch. 173 
 
 21 L. T. N. S. 525) 
 
 Simpson r. Dendy (13 Ch. D. 28) . 
 Slark's S. E., re (W. N. 1875, p. 224) . 
 Smith's S. E., re (W. N. 1878, p. 190) . 
 Specr's S. E., re (3 Ch. D. 202) .... 
 
 31, 
 
 43 
 
 
 44 
 
 
 22 
 
 73; 
 
 
 2, 4, 
 
 5!) 
 
 32, 
 
 35 
 
 
 ?4 
 
 
 21 
 
 
 42 
 
 6 

 
 XXVl TABLE OF CASES. 
 
 PAOB 
 
 Spencer's Trusts, re (IG W. R. 306 ; 37 L. J. Ch. IS ; 17 L. T. 
 
 N. S. 200^ 8 
 
 Sinirway's S. E., re (W. N. 1878, p. 238 ; 27 W. R. 302) . . 37 
 
 Stace i\ Gage (8 Ch. D. 451) 32, 35 
 
 Stamlish's S. E., re (25 W. R. 8) 63 
 
 Stnitfs Trusts, re (16 L. R. Eq. 629 ; 33 L. T. N. S. 498 ; 
 
 43 L. J. Ch. C9 ; 21 W. R. 880) 32 
 
 Tabley's S. E., re Lord de (11 W. R. 936 ; 8 L. T. N. S. 719) . 62 
 Taylor v. Taylor ; Taylor v. Keily ;. ex parte Taylor (1 Ch. D. 
 
 426 ; 3 Ch. D. 145 ; 45 L. J. Ch. 373 and 848 ; 25 W. R. 
 
 279 ; 35 L. T. 450) 7, 30, 36 
 
 Taylor r. Taylor, ex parte Taylor (20 L. R. Eq. 297 ; 23 W. R. 
 
 947 ; 33 L. T. 89 ; 44 L. J. Ch. 727) 57 
 
 Taylor's S. E., re (14 L. R. Eq. 557 ; 42 L. J. Ch. 504 ; 27 L. T. 
 
 N. S. 335 64 
 
 Thompson's S. E., re. See Green v. Thomi^son. 
 
 Thome's S. E., re (20 W. E. 587 ; 26 L. T. N. S. 682) . . 62 
 
 Thornhill v. Millbank (12 W. R. 523 ; 10 L. T. N. S. 124) . 42 
 
 Thorpe's S. E., re (W. N. 1876, p. 251) 37 
 
 Tibbett's S. E., re (17 W. R. 394 ; 20 L. T. N. S. 299) . . 62 
 
 Tolson r. Sheard (5 Ch. D. 20) 16 
 
 Timstall's Will, re Robert (14 L. T. N. S. 352) . . . . 51 
 
 Turbntt's S. E., re (8 L. T. N. S. 657 ; 2 N. R. 487) . 62 
 
 A'enker's S. E., re (0 L. R. Eq. 249 ; 16 W. R. 1033) . . 61 
 
 Yenour's S. E., re ; Venour v. Sellon, 2 Ch. D. 525 ; 45 L. J. Ch. 
 
 409 ; 24 W. R. 752) 26, 27, 42 
 
 Wall v. Hall (8 L. T. N. S. 44 ; 11 W. R. 298) . . . 46 
 Wallace's S. E., re Lord (W. N. 1869, p. 67) . . . .10 
 
 Warde, re (1 H. & T. 202) 61 
 
 AVeeding v. Weeding. Sec Kentish Town Estates, re. 
 
 Wheeler v. Tootal(16 W. R. 273 ; 17 L. T. N. S. 534) . . 51, 97 
 
 Wiiitc V. Leeson (2 H. & N. 60) 26 
 
 Wliiteley's S. E., re (8 L. R. Eq. 574 ; 21 L. T. N. S. 454) . . 96 
 Wilkinson's S. E., re (21 W. R. 537 ; 9 L. R. Eq. 71 ; 21 L. T. 
 
 N. S. 482) 30, 97 
 
 Williams' S. E., re (20 W. R. 967) 30 
 
 Williams' S. E., re (W. N. 1878, p. 189) 48
 
 TAELE OF CAbES, XWll 
 
 PAGE 
 
 Williams c. Williams (9 W. R. 888) 30 
 
 Wilson's Estiitc Bill, re (1 L. T. N. S. 25) 40 
 
 WoUoy r. Junkins (-23 lieav. 60) 29 
 
 Wood's S. E., re (20 L. R. Eq. 372) 42 
 
 Woodcock's S. E., re (13 L. R. Eq. 1S3 ; 41 L. J. Lli. 22 ; 
 
 25 L. T. N. S. 459) 4G 
 
 Woodcock's Tnisis, re (2 L. R. C. A. 229 ; 10 W. R. 532) . . 61 
 
 Wynn, rr (lH L. R. Eq. 237) 23 
 
 Yf.i.i.owry r. (JowKR (11 Exch. 274) 29, 57
 
 SETTLED ESTATES ACT. 
 
 All Act to consolidate and amend the Laic ^v.^^r. 
 relating to Leases and Sales of Settled 
 Estates. [28^/i June 1877.] 
 
 WiiEREx\.s it is expedient to consolidate and 
 amend the law relating to leases and sales of 
 settled estates : 
 
 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 pi-esent Parliament assembled, and by the 
 :uithority of the same, as follows : 
 
 1. This Act may be cited for all purposes as short tin? 
 "The Settled Estates Act, 1877." 
 
 The object of the original Act (19 & 20 Vict. c. 120), 
 as stated in the preamble to it, was to enable the Court 
 " in certain cases to authorize leases and sales of settled 
 estates, where it shall deem that such leases or sales 
 would he proper and consistent with a due regard for the 
 interests of all parties entitled under the settlement," and 
 also to give " persons in possession of land for certain 
 limited interests, power to grant agricultural or occupa- 
 tion leases thereof at rack rent for a reasonable period." 
 The words in italics have been retained in the -Ith, ICtli, 
 and 17th sections, which are the enabling sections of the 
 Act. 
 
 The intention of the Legislatui-e was to make all real 
 property, except a few estates which are entailed by Act
 
 ^ SETTLED ESTATES ACT. 
 
 of Parliament, alienable as it would be if proper powers of 
 sale were inserted in all settlements ; and in order to give 
 effect to that intention a liberal construction ought to be 
 put on the language of the Act {In re SlieplicarcV s Set- 
 tUd Edates, 8 L. R. Eq. 573, per V.-C. M. ; and see In 
 re Clai-li, 1 L. R., C. A., 294) with a view to avoid delay 
 and expense (Bc'wlcy v. Carter, 4 L. R., C. A., 240 ; In 
 re MorgaTi's Settled Estates, 9 L. R. Eq. 588). 
 
 {!onot-'*2^t- 2. The word " settlement" as used in this Act 
 ti«ment" shall si<2;nify any Act of Pai'liaraeut, deed, agree- 
 
 .ind 'settled . '^ e i. n ■^^ \i -4. 
 
 estates." ment, copy 01 coiu't roll, will, or other instru- 
 ment, or any number of such instruments, under 
 or by virtue of which any hereditaments of any 
 tenure or any estates or interests in any such 
 hereditaments stand limited to or in trust for 
 any persons by way of succession, including 
 any such instruments affecting the estates of any 
 one or more of such persons exclusively. 
 
 This definition is taken verbatim from 19 & 20 Vict, 
 c. 120, sec. 1. 
 
 The Act only includes settlements made after the 1st 
 of Xovember, 185G, so far as regards the jDrovisions re- 
 specting demises by tenants for life, independently of the 
 Court (see post, sec. 57), otherwise it applies generally to 
 all settlements. 
 
 " Limited to or in trust for any persons in 
 SUCCESSION." — The result of the cases containing 
 interpretations of these words is, that there must be, 
 at the time of the settlement taking effect (post, subsec. 
 4), existing or future interests to arise in succes- 
 sion. Therefore, where the limitations are spent and 
 the property absolutely vested in fee. the Court has no 
 jurisdiction (He Birtle, 11 W. R. 7.S0). Nor is there a 
 " succession " within the meaning of the section, where 
 the limitation takes the form of a gift to a class, e.g., to 
 such of the children of a deceased person who should 
 attain twenty-one (Re Burdin's Will, 7 W. R. 711, per
 
 DEFINITIONS. 
 
 V.-C. K.— S.c. on appeal, 5 Jur., N. S., 1378, 28 L. J. Cli. 
 840, where the L. JJ. thought the case veiy doubtful, 
 but Bupported the view of the V.-C). In Re Home's Set- 
 tled Estates, 29 L. T., N. S., 830), however, a devise to 
 trustees upon trust for A. in case she should attain 
 twenty-one or marry before attaining that age followed 
 by a gift over in strict settlement in case A. should not 
 attain a vested interest, was held to be a " succession '' 
 within the Act. 
 
 The following were held to be limitations " by way of 
 succession " — trust out of income to pay an annuity to 
 the testator's wife for life, and subject thereto trust as 
 to both capital and income for the testator's children 
 equally {CoUett v. Collctt, 2 L. R. Eq. 203) ; a devise of 
 a house upon trust to permit the testator's wife to 
 occupy it during widowhood, and then to sell {Curli/on 
 V. Tntscott, 20 L. R. Eq. 348) ; a limitation for the sepa- 
 rate use of a married woman for life without power of 
 anticipation followed by trusts for sale and investment 
 and trusts as to the proceeds for the children of the 
 married woman (/« re Morgan's Settled Estates, L. R. 
 9 Eq. 587) ; an ultimate limitation amounting to a gift 
 to the heirs of a given person as purchasers, and not by 
 descent, " in trust for the person or persons whom she 
 should leave her heir, or co-heirs at law, and the heirs 
 or assigns of such person or persons respectively " 
 {BeioU-y v. Carter, 4 L. R., C. A., 230). 
 
 The term '•' settled estates " as used in this 
 Act shall signify all hereditaments of any tenure, 
 and all estates or interests in any such heredita- 
 ments, which are the subject of a settlement ; 
 and for the purposes of this Act a tenant-in-tail 
 after possibility of issue extinct shall be deemed 
 to be a tenant for life. 
 
 This definition is taken verbatim from 19 ..t 20 Vict. 
 c. 120, sec. 1. 
 The " SETTLED ESTATE "' is only the estate or interest 
 
 B 2
 
 SETTLED ESTATES ACT. 
 
 subject to the settlement, e.g., if lands be settled for a 
 term of rears upon certain trusts, the Court can only 
 sell this term {Grey v. Jenldns, 26 Beav. 355), though it 
 has been said that if an undivided share of an estate is 
 subject to a settlement, the entirety ought to be con- 
 sidered a settled estate {Re Shrplieard's Settled Estates, 
 8 L. R. Eq. 571). 
 
 " Of any tenure, and all estates ok inte- 
 rests," &c., e.g., copyholds {In re Adair's Settled Es- 
 tates, IG L. E. Eq. 124), an equity of redemption {Eyre 
 V. Satmders, 5 Jur., N. S., 704). Lands equitably con- 
 verted {In re Ch-ecrCs Settled Estates, 10 Jur,, N. S., 
 1095) are settled estates vrhere a discretion is given to 
 the trustees as to the time of sale, and the rents of the 
 property until sold, are directed to go by implication in 
 the same way as the income of the property when sold 
 {In re La'inrfs Trusts, 1 L. R. Eq. 417 ; Be Chamberlain, 
 2.3 W. E. 852). Interests arising by way of accruer are 
 witliin the definition {In re Goodwin's Settled Estates, 
 8 Giff. r,29). The Act does not apply to chattels 
 [rfEyncourt v. Gregory, 3 Ch. D. C36). 
 
 All estates or interests in remainder or rever- 
 sion not disposed of by the settlement, and re- 
 verting to a settlor or descending to the heir of a 
 testator, shall be deemed to be estates coming to 
 such settlor or heir under or by virtue of the 
 settlement. 
 
 This clause is a re-enactment verbatim of 21 & 22 
 Vict. c. 77, sec. 1. 
 
 In determining what are settled estates witlun 
 the meaning of this Act, the Court shall be 
 governed by the state of facts, and by the trusts 
 or limitations of the settlement at the time of the 
 said settlement taking effect. 
 
 This claus2 is a re-enactmeat verbatim of 27 & 28 
 Vict. c. 45, sec. 3, which was recitel to have been
 
 DEFINITIONS. O 
 
 enacted to remove doubts then entertained as to whe- 
 ther, in the construction of the first section of the prin- 
 cipal Act, " the Court was bound by the state of facts 
 existing at the period of the settlement taking effect, or 
 by the state of facts at the time of an application to the 
 Court" under the Act {Re Ouodivln's Sdtird E.-t(ifcs, H 
 Giff. 620). 
 
 3. The expression "the Court "in this Act j!J,^';i;?'^^^|i,, 
 shall, so far as relates to estates in England, court.' 
 mean the High Court of Justice, and all causes 
 
 and matters in respcctof such estates commenced 
 or continued under this Act shall, subject to the 
 provisions of the Judicature Acts, be assigned to 
 the Chancery Division of the High Court of 
 Justice in like manner as if such causes and 
 matters had arisen under an Act of Parliament 
 by which, prior to the passing of the .Judicature 
 Acts, exclusive jurisdiction in respect to such 
 causes and matters had been given to the Court 
 of Chancery, or to any judges or judge thereof 
 respectively. 
 
 The expression " the Court" in this Act shall, 
 so far as relates to estates in Ireland, mean the 
 Court of Chancery in Ireland. 
 
 Concurrent jurisdiction is by section 44 given to the 
 Court of Chancery of the County Palatine of Lancaster, 
 and by section 4.j to the Landed Estates Court of Ire- 
 land. 
 
 The Act 40 & 41 Vict. c. 57 (sec. 36) has transferred 
 to the Chancery Division of the High Court of Justice 
 in Ireland the exclusive jurisdiction of the Court of 
 Chancery and of the Landed Estates Court. 
 
 4. It shall be lawful for the Court, if it shall Power t.. 
 deem it proper and consistent with a due regard leasls'o't' 
 fur the interests of all parties entitled imder the ^^|t|^'i 
 settlement, and subject to the provisions and
 
 SETTLED ESTATES ACT. 
 
 restrictions iu tliis Act contained, to authorize 
 leases of any settled estates, or of any rights or 
 privileges over or aftecting any settled estates, for 
 any purpose whatsoever, -whether involving waste 
 or not, provided the following conditions be ob- 
 served : 
 
 First. Every such lease shall be made to take 
 effect in possession at or within one year 
 next after the making thereof, and shall be 
 for a term of years not exceeding — 
 
 For an agricultural or occupation lease, so 
 far as relates to estates in England, twenty- 
 one years, or so far as relates to estates in 
 Ireland thirty-five years ; 
 
 And for a mining lease, or a lease of water 
 mills, way leaves, water leaves, or other 
 rights or easements, forty years ; 
 
 And for a repairing lease, sixty years ; 
 And for a building lease, ninety-nine 
 years : 
 
 Provided always, that any such lease 
 (except an agricultural lease) may be for 
 such term of yeax'S as the Court shall direct, 
 where the Court shall be satisfied that it 
 is the usual custom of the district and bene- 
 ficial to the inheritance to grant such a 
 lease for a longer term than the term here- 
 inbefore specified in that behalf. 
 
 This part of the foiu-th section consolidates 19 & 20 
 Vict. c. 120, sec. 2, with 21 & 22 Vict. c. 77, sees. 2 & 4, 
 the only amendments being the enlargement of agricul- 
 tui'al and occupation leases of estates in Ireland to 35 
 yeai's, and the omission of leases of "water" before 
 " water-mills " in the second clause of the subsection. 
 
 It is essential to adduce sufficient evidence that the 
 proposed lease is proper and consistent with the inte- 
 rests of all parties, and to give in the affidavit the 
 grounds for asserting it to be so (^Order 15).
 
 LEASES. 
 
 The Court authorized the granting of buikling leases 
 of settled estates for 99'J years, or at fee farm rent, ui)ou 
 evidence that according to the custom of the couutr)' 
 this was the mode of disposing of the property for 
 building purposes, and that it could not be beneficially 
 disposed of for such purposes on any other terms {lie 
 Carr's Settled Estate, 7 Jur., N. S., 12()7). In re Crosx' 
 Charity (27 Beav. 592) ; proof was likewise given that 
 it was customary in that district to grant building 
 leases for 999 years, and the tmstces of a 900 years' 
 term were authorized to grant leases for terms not 
 exceeding 600 years. 
 
 The Act cannot safely be resorted to for carrying into 
 effect contracts made by a testator in his lifetime for 
 granting leases which were not strictly in accordance 
 with the provisions of the Act {Ciat v. Middleton, 3 De 
 G. F. k J. 33). 
 
 A lease may be authorized upon the surrender of an 
 existing lease, although an underlease granted by the 
 surrendering lessee is unexpired, for the underlease by 
 4 Geo. II. c. 2S, sec. 6, takes effect out of the new lease, 
 which therefore "takes effect in possession'' within the 
 section {Be Ford's Settled Estates, 8 L, R. Eq. 309). 
 But the Court has no power to grant a lease in reversion 
 (He Ilenehij, 3 Ir. Jur., X. S., 73). 
 
 The order of the Court granting leasing powers docs 
 not dispense with the necessity of a party who takes a 
 lease investigating the title {Ue Ilenchy, uhi siqjru). 
 
 This section " is not a general power given to the 
 Court, which must necessarily therefore be exercised at 
 the instance of some one, but it is a modified power 
 subject to the restrictions and provisions of the Act "" 
 (per Jessel, M.R., in Taylor v. Taylor, 1 Ch. i>. 
 432). 
 
 In He Diiehess of Cleveland's Settled Extates (2l' 
 W. 11. 818) the Court refused to sanction a lease for 7 
 years of the mansion house and appurtenances, al- 
 though the remainilennan consented, and the tenant 
 for life had not the meiuis to keep it up.
 
 SETTLED ESTATES ACT. 
 
 AVhen the estates are not limited "in succession"' 
 within the Settled Estates Act, an application may, if 
 the lands belong to an infant, be made by petition 
 lender 11 Geo. IV. & 1 Will. IV. c. Go, sec. 17. This 
 section enacts that, " Where any person being an infant 
 under the age of 21 years, is and shall be seised or pos- 
 sessed of or entitled to any land in fee or in tail, or to- 
 any leasehold land, for an absolute interest, and it shall 
 appear to the Court of Chancery to be for the benefit 
 of such person that a lease or underlease should be 
 made of such estates for terms of years for encouraging 
 the erection of buildings thereon, or for repairing build- 
 ings actually being thereon, or the working of mines or 
 otherwise improving the same, or for farming or other 
 purposes, it shall be lawful for such infant, or his guar- 
 dian in the name of such infant, by the direction of the 
 Court of Chancery, to be signified by an order to be 
 made in a summary way, upon the petition of such 
 infant or his guardian, to make such lease of the land of 
 such persons respectively or any part thereof, according, 
 to his or her interest therein respectively, and to the 
 nature of the tenure of such estates respectively, for 
 such term or terms of years, and subject to such rents 
 and covenants, as the said Court of Chancery shall 
 direct." 
 
 An order may be made under this section, though the 
 limitation in fee in favour of the infant is defeasible on 
 certain events happening (7?<? Clarli, 1 L. R., C. A., 292) ;. 
 also, when the fee simple is subject to a life estate by 
 the curtesy vested in the father {Re Lctchford, 2 L. E.r 
 Ch. D., 719 ; Re Sjicncers Trust, 16 W. R. 30C). But 
 see Re Ecans, 2 M. & K. 318, and IJx parte Legh, 15 
 Sim. 445. 
 
 SecoiKllj. On every such lease shall be re- 
 served the best rent or reservation in the 
 nature of rent, either uniform or not, that 
 can be reasonably obtained, to be made pay- 
 aVjle half yearly or oftener Avithout taking
 
 LEASES. 
 
 any fine or other benefit in the nature of a 
 fine : Provided always, that in the case of 
 a mining lease, a repairing lease, or a build- 
 ing lease, a peppercorn rent or any smaller 
 rent than the rent to be ultimately made 
 payable may, if the Court shall think fit so 
 to direct, be made payable during all or 
 any part of the first five years of the term 
 of the lease. 
 
 This portion of the fourth section follows in its first 
 clause the corresponding portion of 19 & 20 Vict. c. 120, 
 sec. 2, which, however, does not contain the proviso now 
 appended. 
 
 Where a testator had entered into contracts for build- 
 ing leases, and had empowered the trustees of his will 
 to grant similar leases to those he had granted, it wa.'; 
 held that the contracts entered into by the testator not 
 being identical with the terms prescribed by the Act, 
 they could not be carried into effect under the Act, and 
 that an application to Parliament was necessary {Cmt 
 V. Mlddh'ton, 3 De G. F. &: J. 33 ; 30 L. J., Ch. 3G0 ; 7 
 Jur., N. S., 151 ; 3 L. T., N. S., 718). The contracts in 
 this case provided for granting separate leases of the 
 houses when built, apportioning the whole ground rent 
 among some of them, and leaving the rest to be demised 
 at a peppercorn rent. 
 
 In determining the question of the amount of rent to 
 be required, the Court may take into consideration the 
 value of a surrendered lease. It will " look to all the 
 circumstances, and see that on the whole the best terms 
 are made for the benefit of the persons interested under 
 the settlement which can reasonably be had, whether 
 by means of obtaining a surrender or otherwise " (^lic 
 lidtvlim' Estates, 1 L. R. Eq. 287). See sec. 7. post. 
 
 As to what is meant by •' best rent," see j'ost, the 
 notes to sec. 4C. 
 
 Thirdly. Where the lease is of any earth, coal, 
 
 B 3
 
 10 SETTLED ESTATES ACT. 
 
 stone, OX' mineral, a certain portion of the 
 whole rent or payment reserved shall be 
 from time to time set aside and invested as 
 hereinafter mentioned; namely, when and 
 so long as the person for the time being 
 entitled to the receipt of such rent is a 
 person who by reason of his estate or by 
 virtue of any declaration in the settlement 
 is entitled to work such earth, coal, stone, 
 or mineral for his own benefit, one fourth 
 part of such rent, and otherwise three fourth 
 parts thereof ; and in every such lease suffi- 
 cient provision shall be made to ensm-e such 
 application of the aforesaid portion of the 
 rent by the appointment of trustees or other- 
 wise as the Court shall deem expedient. 
 
 This clause re-enacts verbatim the correspondiug 
 clause of 19 & 20 Vict. c. 120, sec. 2. 
 
 An order authorising a lease of mines was extended 
 so as to give the lessees the use of contiguous lands by 
 inserting the words " so much land as the trustees shall 
 consider necessaiy for the convenient and efEective 
 working of the minerals " {Re Rtveleifs Settled Estates, 
 11 W. R. 74i) — similarly the words were allowed to be 
 added to an order — " and for the purpose of such leases 
 to grant way leaves over any part of the said settled 
 estates" (i?e Lord Wallace's Settled Estates, "W. N. 
 1869, p. 67). 
 
 " Where there are successive tenants for life without 
 licence to commit waste, and a power to grant mining 
 leases under this Act is obtained in the lifetime of the 
 fii-st tenant for life, the second tenant for life on coming 
 into possession may, perhaps, contend that as it is not 
 waste for a tenant for life to work mines which he finds 
 open, he is entitled to take the three fourths of the rent. 
 It is, however, to be expected that the Court would not 
 allow such a construction to be put on the words of the 
 section, and that it would be held that the mine was only
 
 LEASES. 1 1 
 
 open for a special purpose — not so open as to entitle a 
 tenant for life to work it fur his own benefit should the 
 lease be surrendered or otherwise become void " (^Brick- 
 dale, p. 3G). 
 
 Fourthly. No such lease shall autliurize the 
 felliug of any trees except so far as shall be 
 necessary for the purpose of clearhig the 
 ground fur any buildings, excavations, or 
 other works authorized by the lease. 
 
 A re-enactment vei-batim of 19 x 20 Vict. 120, sec. 2, 
 sub-s. 4. 
 
 Fifthly. Every such lease shall be by deed, 
 and the lessee shall execute a counterpart 
 thereof, and every such lease shall contain 
 a condition for re-entry on non-payment of 
 the rent for a period of twenty-eight days 
 after it becomes due, or for some less period 
 to be specified in that behalf. 
 
 The 5th sub-s. of 19 &; 20 Vict. c. 120, sec. 2, closed 
 with the words, "for a period not loss than 28 days 
 after it becomes due." With the exception of the 
 amendment of these words the sub-section is rc-cnacted 
 vorbatim. 
 
 If no special conditions are deemed expedient, the 
 order must direct that the lease shall contain such con- 
 ditions as are required by the Act {Order 25). 
 
 5. Subject and in addition to the conditions Leases m; y 
 hereinbefore mentioned, every such lease shall ^y°^'f 
 contam such covenants, conditions, and stipula- cuvenants 
 tions as the Court shall deem expedient with 
 reference to the special circumstances of the 
 demise. 
 
 A re-enactment verbatim of 19 k 20 Vict. c. 12t», 
 sec. 3.
 
 12 
 
 SETTLED ESTATES ACT. 
 
 Thus the Court will authorize leases on the terms of 
 the lessees making roads {lie CUamhers, 28 Beav. 653). 
 
 Under this section, the special covenants, conditions, 
 and stipulations must be specified in the order, or the 
 judge may direct the lease to contain such covenants, 
 conditions, and stipulations, as maybe approved by him 
 at chambers {Order 2."J). 
 
 Parts of set- 
 tled estates 
 may 1>e 
 leased. 
 
 6. The power to fvuthorizc leases conferred by 
 this Act shall extend to authorize leases either 
 of the whole or any parts of the settled estates, 
 and may be exercised from time to time. 
 
 1!) & 20 Vict. c. 120. sec. 4, re-enacted verbatim. 
 
 Leases may 
 be surreii- 
 ilered and 
 renewed. 
 
 7. Any leases, whether granted in pursuance 
 of this Act or otherwise, may be surrendered 
 either for the piirpose of obtaining a renewal 
 of the same or not, and the power to authorize 
 leases conferred by this Act shall extend to 
 authorize new leases of the whole or any part of 
 the hereditaments comprised in any surrendered 
 lease. 
 
 Tliis section consolidates 10 & 20 Vict. c. 120, sec. 5, 
 and 21 & 22 Vict. c. 77, sec. t>. 
 
 A lease may be surrendered notwithstanding the ex- 
 istence of an unexpired underlease {lie Ford's Settled 
 Estates, 8 L. R. Eq. 309), and the consideration for the 
 surrender will be kept in view in settling the terms of 
 the renewed lease {Re lian-Ihis' Settled Estates, 1 L. E. 
 Eq. 286). See also Svgden on Powers, 8th ed. 787; 
 Davidson's Settlements, p. 491. 
 
 The effect of this section would appear to be to include 
 in every power of granting leases a power to accept a 
 surrender " either for the purpose of obtaining a re- 
 newal of the same or not." 
 
 8. The power to authorize leases conferred by 
 
 P.iwor to 
 
 icases't"'' this Act shall extend to authorize preliminary
 
 LEASES. 13 
 
 contracts to grant any such loascs, and any of cxicii.i to 
 the terms of sucli contracts may be varied in i"'^^'i"''""'y 
 the leases. 
 
 19 & 20 Vict. c. 120, sec. C, rc-ciiacted verbatim. 
 
 The power can, however, extend only to contracts 
 which arc in conformity with the provisions of the Act 
 (^Cust V. Middhtoii, 3 Dc G. V. k J. .33). 
 
 9. All the powers to authorize and to grant lowers of 
 leases contained in this Act shall be deemed to jn'hufe*" 
 include respectively powers to authorize the lords i"'">^^r.s to 
 (.)f settled manors, and powers to the lords of settled 
 settled manors to give licences to their copyhold JJi've^ucem^cs 
 or customary tenants to grant leases of lands to their 
 held by them of such manors to the same extent ^ustimiary "^ 
 and for the same purposes as leases may be Jf "'"/!'' *° 
 authorized or granted of freehold hereditaments ^ ' ' 
 under this Act. 
 
 This section re-enacts 21 & 22 Vict. c. 77, sec. 3, and 
 extends it by introducing the words, " powers to au- 
 thorize the lords of settled manors." 
 
 Leases of copyhold or customary hereditaments can 
 only be made without the consent of the lord when 
 warranted by the custom of the manor, and when they 
 do not prejudice or affect the rights of any lord of a 
 manor (xection '}6,j)ost). 
 
 10. The power to authorize leases conferred MoJe in 
 by this Act may be exercised by the Court either may be''.'"'^ 
 by approving of particular leases or by ordering »"tiiorized. 
 that powers of leasing, in conformity with the 
 provisions of this Act, siiall be vested in trustees 
 
 in manner hereinafter mentioned. 
 
 10 & 20 Vict. c. 120, sec. 7, re-enacted verbatim. 
 Where the consent of all persons interested cannot be 
 obtained, and some of the tenants in tail in remainder
 
 14 SETTLED ESTATES ACT. 
 
 are uot in esse, the Court will not give a general power 
 of leasing, but will sanction a particular lease upon a 
 reference to chambers as to whether the provisional 
 agreement comprises a fit and proper lease (^lic Hutch- 
 inson's Trust, 12 Jur., N. S., 2i5). 
 
 wiiatovi- 11.- When application is made to the Court 
 
 dencc to he cither to approve of a particular lease or to vest 
 
 aiTappii'!:"'' ^^y powcrs of leasiug in trustees, the Coiu-t 
 
 tionto^ shall require the applicant to produce such evi- 
 
 lease's." " dence as it shall deem sufficient to enable it to 
 
 ascertain the nature, value, and circumstances of 
 
 the estate, and the terms and conditions on 
 
 which leases thereof ought to be authorized. 
 
 19 & 20 Vict, c 120, sec. 8, re-enacted verbatim. 
 
 Besides this evidence, it is also necessary to bring 
 forward the evidence required by Orders 15, 16, Sc 17, 
 ujion all petitions. See the Summary of the Practice, 
 post. 
 
 jjtcrav- ■'■^' When a particular lease or contract for a 
 
 provai of a Icasc has bceu approved by the Court, the Court 
 
 tcrdtre*ct^' shall direct what person or persons shall execute 
 
 who siiau be ^1j(3 Same as lessor; and the lease or contract 
 
 executed by such person or persons shall take 
 
 effect in all respects as if he or they was or were 
 
 at the time of the execution thereof absolutely 
 
 entitled to the whole estate or interest which is 
 
 bound by the settlement, and had immediately 
 
 afterwards settled the same according to the 
 
 settlement, and so as to operate (if necessary) by 
 
 way of revocation and appointment of the use or 
 
 otherwise, as the Court shall direct. 
 
 11) & 20 Vict. c. 120, sec. 9, re-enacted verbatim. 
 
 Compare this section with section 22. The latter is 
 optional (" the Court wi«y," etc.), this is imperative 
 ("the. Court shall,'" etc.). The latter contains these
 
 POWERS OF LEASING. 15 
 
 words, " shall take effect as if the settlement had con- 
 tained a power enabling such person or persons to effect 
 such sale or dedication." These words correspond to 
 those in the above section, " shall take effect in all re- 
 spects as if he or they was or were at the time of the exe- 
 cution thereof, absolutely entitled to the whole estate or 
 interest which is bound by the settlement, and had imme- 
 diately afterwards settled the same accordmg to the 
 settlement." In other respects, the two sections follow 
 the same wording. 
 
 1 3. Where the Court shall deem it expedient Powers of 
 that any general powcra of leasing any settled he^veilell'm 
 estates conformably to this Act should be vested trustees, 
 in trustees, it may by order vest any such power 
 accordingly, either hi the existing trustees of the 
 settlement or in any other i:)crsons, and such 
 powers, when exercised by such trustees, shall 
 take eftcct in all respects as if the power so 
 vested in them had been originally contained in 
 the settlement, and so as to operate (if necessary) 
 by way of revocation and appointment of the 
 use or otherwise, as the Com't shall direct ; and 
 in every such case the Com-t, if it shall think 
 fit, may impose any conditions as to consents or 
 otherwise on the exercise of such power, and the 
 Court may also authorize the insertion of pro- 
 visions for the appointment of new trustees from 
 time to time for the pm'pose of exercising such 
 powers of leasing as aforesaid. 
 
 19 k 20 Vict. c. 120, sec. 10, re-enacted verbatim. 
 
 The authority of the Court to vest such powers docs 
 not extend to cases vrhere there exists some obstacle to 
 its exercise, e. g., the consent of some specitied person 
 being requisite and not having been obtained {Ite Iliirlr, 
 2 H. & M. 196), or the fact of certain interested persons 
 not being in estie {^lie IlittchinsoiCs Trusts, quoted in the 
 note to section 10, supra).
 
 16 SETTLED ESTATES ACT. 
 
 A power to grant building leases for GOO years was 
 ordered to be indorsed on a deed declaring the trusts of 
 a dissenting chapel {lie Cross' Charity, 27 Beav. 592). 
 
 In Be Grcoi's Settled Estates {\0 Jur., N. S., 1098), a 
 general power to grant mining leases was vested in 
 trustees. 
 
 The powers once granted may subsequently be trans- 
 ferred upon application by petition (^lie Kentish Toirn 
 Estates; Weeding \. Weeding, 1 Johns. & Hem. 230), but 
 quasre, whether this could be done in the case of the first 
 tenant for life being succeeded by an infant tenant in 
 tail. In Re Kortlieifs Settled Estates {Brickdale, 127), 
 lands were subject to two settlements, the first limiting 
 them to A. for life with remainder to B., the second 
 made on the marriage of B., and the Court vested 
 powers of granting building, mining, and repairmg 
 leases in the trustees of the first settlement during A.'s 
 lifetime, and after A.'s death in the trustees of the 
 second settlement. 
 
 In Tolson v. Slu-ard (o Ch. D. 20), it was ordered that 
 •' powers of granting mining leases in conformity with 
 the Settled Estates Acts, and subject to the provisions 
 and restrictions therein contained, should vest in the 
 trustees as the trustees of the will of the said testator, 
 and in the survivors and survivor of them, and in the 
 trustees or trustee for the time being, such powers to 
 be exercised with the consent of the respective tenants 
 for life (if any) for the time being in possession of the 
 estates to which the respective mines might belong who 
 might have attained the age of 21 years, or if there 
 .should be no such tenant for life, then without such 
 consent." 
 
 See also Re Jones' Settled Estates, where the powers 
 vested were very large (.5 Jur., N. S., 138). 
 
 The power granted by the order should be indorsed 
 on the instrument creating the settlement (J?e CliamVcrs, 
 28 Beav. 655 ; Re Cross' Charity, 27 Beav. 592). See 
 Kcction 33.
 
 LEASES. 17 
 
 14. Provided always, that in orders under this conditions 
 Act for vesting any powers of leasing in any |,j.''!f^.|ife^'Vy 
 trustees or other persons, no conditions shall be tiie court 
 inserted requiring that the leases thereby autho- [."^^,1 in *"' 
 rized should be submitted to or be settled by the orficrs ina.ie 
 Court or a judge thereof, or be made conform- Act. 
 able with a model lease deposited in the judge's 
 chambers, save only in any case in which the 
 parties applying for the order may desire to have 
 any such condition inserted, or in which it shall 
 appear to the Court that there is some special 
 reason rendering tlie insertion of such a condition 
 necessary or expedient. 
 
 This section re-enacts sec. 1 of 27 & 28 Yict. c. 45, 
 which Act, as stated in the preamble thereto, was passed 
 to amend the principal Act, because " this introduction 
 of such a condition had been found to occasion delay 
 and expense, and so to create great difficulties in carrj-- 
 ing into execution the objects of the Act, and such 
 conditions might in general be safely omitted." 
 
 See lie Doniingn Scttlfd Exfatcs (14 W. R. 125), 
 where an order was made authorising mining leases 
 without inserting such a condition ; and also lie Jones' 
 Settled Estates (5 Jur., N. S., 138). where the Court dis- 
 pensed with a reference to the conveyancing counsel, or 
 an inquiry as to the propriety of the powers. 
 
 Before the passing of the Act, 27 & 28 Vict. c. 45, it 
 had been the practice to insert in the order after the 
 authority to grant leases the words : " but such prelimi- 
 narj' contracts and leases are to be on such terms and 
 conditions and stipulations as shall be approved by the 
 judge" (Jie Chambers, 28 Beav. 655), or words to that 
 effect {lie Ilemingn-aij, 7 W. R. 279) ; and if a number 
 of leases were to be granted of a similar nature, one 
 draft was to be settled by the judge and taken as a 
 model for the others {Attorney • General v. Chrint 
 Church, Oxford, 3 Giff. 521). The practice would then 
 be to carry into chambers an affidavit by the surveyors
 
 18 SETTLED ESTATES ACT. 
 
 employed stating accurately the particulars of the 
 proposed lease with regard to its terms, covenants, 
 conditions, and stipulations, and to apply upon such 
 affidavit for a certificate approving of these particulars 
 {Morgan, p. 219). 
 
 In such special cases as are referred to in the section, 
 the order authorizing'the lease may direct the same to 
 contain such covenants, conditions, and stipulations as 
 may be approved by the judge at chambers without 
 directing the lease to be settled by the judge {Order 
 25 ; and see the Summary of the Practice, x>ost). 
 
 Conditious 15. Provided also, that in all cases of orders 
 sertedmay (whether vmdcr this Act or under the coitcs- 
 tc^stnick ponding enactment of the Acts hereby repealed) 
 in which any such condition as last aforesaid 
 shall have been inserted, it shall be lawful for 
 any party interested to apply to the Court to 
 alter and amend such order by striking out such 
 condition, and the Court shall have full power 
 to alter the same accordingly, and the oi'der so 
 altered shall have the same validity as if it had 
 originally been made in its altered state ; but 
 nothing herein contained shall make it obligatory 
 on the Court to act under this provision in any 
 case in which from the evidence which was 
 before it when the order sought to be altered 
 was made, or from any other evidence, it shall 
 appear to the Court that there is any special 
 reason why in the case in question such a con- 
 dition is necessary or expedient. 
 
 27 & 28 Vict. c. 45, sec. 2, re-enacted and extended so 
 as to apply to orders made before the coming into force 
 of this Act, the original section having applied only to 
 " orders already made " at the time of the passing of 
 the Act of 1864. 
 
 The section was put into force in Re Russell's Estates 
 (22 W. R. 399), though the Act came into operation only 
 after the presentation of the petition.
 
 SALES. 19 
 
 In Re Ilotjle's Trusts (10 Jur., N. S., 811 ; 12 W. Tx. 
 1125) such an order was made by substituting for the 
 condition that the approbation of the judge in chambers 
 would be required, the words, "The Lord Chancellor 
 doth not think fit to insert a condition requiring the 
 leases thereby authorized to be submitted to or settled 
 by the Court or a judge thereof, or to be made con- 
 formable with a model lease deposited in a judge's 
 chambers." 
 
 The application for amendment of the order by strik- 
 ing out the condition should be made by motion (sec 
 Order 28, retaining the old practice in cases not pro- 
 vided for by the Orders of 1878). 
 
 IG. It shall be lawful for tlic Court, if it shall Com-t may 
 deem it proper aud cousisteut with a due regard sales of , 
 for the interests of all parties entitled under the ll\l^^^l ^^^^ 
 settlement, and subject to the provisions and re- of timi>er. 
 strictions in this Act contained, from time to 
 time to authorize a sale of the w^hole or any parts 
 of any settled estates, or of any timber (not 
 being ornamental timber) growing on any settled 
 estates, and every such sale shall be conducted 
 and confirmed in the same manner as by the 
 rules and practice of the Court for the time 
 being is or shall be required in the sale of lands 
 sold under a decree of the Court. 
 
 19 & 20 Vict. c. 120, sec. 11, re-enacted. 
 
 The Court has jurisdiction to order a sale imder the 
 Act notwithstanding the existence of powers under 
 which the proposed sale may be effected (^section 38 ; 
 and see He Thomsons Settled Estates ; Green, v. Thomi>' 
 sou, 1 Johns. 418, 5 Jur., N. S., 1343). 
 
 The Court would not, before the Act of 187G, sanction 
 the sale of one part of a settled estate for the purpose 
 of employing the produce of the sale in laying out 
 roads in another part of the estate with a view to
 
 20 SETTLED ESTATES ACT. 
 
 pranting building leases [lie Chanihcrs' Srttlcd Efstates, 
 29 L. J. Ch. 1(24 ; G Jur., N. S., 1005 ; 3 L. T., N. S., 49 ; 
 lie JIurlcs Sittlcd Ustafcs, 2 H. & M. 202). 
 
 Whether the Court has jurisdiction to give to trustees 
 l)Owers of sale generally is doubtful. lie Peacock's 
 Settled Estates (15 W. E. 100) is an authority against 
 .such jurisdiction, it being there held that the Court can 
 only sanction such sales as shall be proved to be bene- 
 ticial to the estate (S.c. 12 Jur., N. S., 959). On the 
 other hand, in the recent case of Re Andrews'' Settled 
 Estates (26 W. R. 811 ; 38 L. T., N. S., 877), the Court 
 sanctioned a sale generally, the trustees having, by 
 virtue of the Avill creating the settlement, a power of 
 sale exerciseable after the death of the tenant for life 
 and all the beneficiaries being petitioners. 
 
 The jurisdiction is ousted by the existence in the 
 settlement of an express declaration against the exercise 
 of such powers {sec. 38). 
 
 Copyholds which had under a mistaken idea of their 
 tenure been contracted to be sold as freehold were 
 ordered to be enfranchised before sale, and the whole 
 to be sold as freehold, the costs of the enfranchisement 
 to be paid out of the proceeds of sale ( Re Adair s 
 Settled Estates, 16 L. R. Eq. 124). 
 
 Shares which have vested absolutely, and are conse- 
 quently not settled estates within the Act, may be in- 
 cluded with the other shares in an order for sale com- 
 prising the whole estate upon the persons entitled to 
 the former shares becoming co-petitioners {Re Goodn-in, 
 ExjJarte Butler, 3 GifE. 620). 
 
 A sale of minerals may be dii-ected apart from the 
 surface of the land {Re Ilallin, 3 Giff. 126 ; S.c. nom. 
 Re Law, 7 Jur., N. S., 511 ; ^ Mihvard, 6 L. R. Eq. 
 248). The form of the order in Re Law was, " Order 
 that a contract for sale be carried into effect by a grant 
 of the minerals, with a provision limiting the time 
 within which the coal is to be worked out to within ten 
 years."' 
 
 The rules and practice of the Court with regard to
 
 SALES. 
 
 ealos arc at pro^eul rcLCulatcd by Cuiisolidatod Order 
 XXXV., rule 13 : 
 
 " When a decree or order is made, whether in Court 
 or in Cliambers, directing any property to be sold, unless 
 otherwise ordered, the same shall be .sold with the 
 approbation of the judtre to whose Court the cause or 
 matter is attached, to the best purchaser that can be got 
 for the same to be allowed by the judge, and all proper 
 parties shall join in the sale and conveyance as the 
 judge shall direct." See Darfs Vendors and PurcMscrs, 
 Ch. XXL, 5th ed., p. U^O, et seq. Settm on Decrees, 
 Vol.2, Pt. l,pp. Ud\,itseq. 
 
 As a general rule, the sale is effected by public auc- 
 tion, but under special circumstances the Court may 
 authorize a sale by private contract. Thus in He Adams' 
 Settled Estates (9 Ch. D. 116), an order was made for 
 sale of the property out of Court where the land was to 
 be sold for building purposes, and the delay consequent 
 upon an order for sale by public auction would have 
 been injurious. The form of the order was for sale by 
 public auction or private contract, subject to a reserved 
 price to be fixed in Chambers, the purchase-money to be 
 brought into Court. (See eontra, Re Smith's Trusts, 
 V.'. N. 1878, p. 19G.) 
 
 Although upon a sale of property held under one title 
 in which an unborn class takes an interest, that property 
 is to be sold under a very large number of lots, the Court 
 will not, in order to save expense, order that the con- 
 veyance shall be settled in chambers " in case the parties 
 differ," but will require that the order that the convey- 
 ance be settled in chambers shall be absolute in its terms 
 {lie Eyres Estates, 4 K. & J. 268 ; S.c. nom. Eijre v. 
 Sanders, 31 L. T. Ch. 79). But in such a case there 
 shall be only one reference of the title to the convey- 
 ancing counsel, and after one conveyance has been 
 settled, all the others will be approved as a matter 
 of course by the judge, unless some special circum- 
 stances intervene in any particular case (S.c). The rule 
 
 21
 
 22 SETTLED ESTATES ACT. 
 
 is thus stated in the above case by "Wood, V.-C : " The 
 general rale of the Court is, that -wherever infants are or 
 may be interested, the conveyance must be settled by 
 the conveyancing counsel of the Court. That rule is 
 still more binding in a case of a sale under the Settled 
 Estates Act, and where a sale is not contemplated by the 
 person by -whom the estate was settled." But see Re 
 SheffieJcVs S(dth(l Estates (W. N. 1876, p. 152). 
 
 There must be a reference to chambers to ascertain 
 whether the contract for sale i? a fit and proper contract. 
 but a prospective order may be made directing that if it 
 shall appear by the certificate that it is fit and proper, 
 and for the benefit of all parties interested under the 
 will, a conveyance may be made to that effect (7?e Hil- 
 ton's Trusts, U L. T., N. S., 129). 
 
 It is now necessary upon every petition to produce 
 sufficient evidence that it is proper and consistent, with 
 a due regard for the interests of all parties, that the 
 powers should be exercised, and to state in the affidavit 
 why and upon what ground it is deemed to be so ( Order 
 15). This will in all cases, where the evidence pro- 
 duced is satisfactory, dispense with the necessity of a 
 reference to chambers. 
 
 A detailed description of the property jiroposed to be 
 dealt with must be contained in the body of the petition 
 or in a schedule to it, or shown on a plan annexed to it 
 {Order 2), and such description must, though it has to 
 be scheduled to the petition on account of its great 
 length, be contained in the order du'ecting the sale {Re 
 Roper's Estate, 2 N. R. 442). 
 
 The conduct of a sale directed by the Court is gene- 
 rally committed to the plaintiff. When it appears for 
 the benefit of the parties it will be given to the defen- 
 dant. But the right does not depend upon the extent 
 of the interests of the parties in the property {Knott v. 
 Cottee, 27 Beav. 33). When a sale is directed every 
 party to the suit having title-deeds is bound to facilitate 
 the sale (S.c).
 
 PROCEEDINGS FOR PROTECTION. 23 
 
 Exchanges can be effected under the Inclosure Acts ; 
 for this reason no power to exchange is inchided in this 
 section {Brlchdale, p. 37). 
 
 By the Confirmation of Sales Act, 1802 (25 & 2G Vict. 
 c. 108), sales made before the passing of that Act (7th 
 of August, 18G2), of land apart from minerals and not 
 then impeached, were confirmed (sec. 1) ; and " trustees 
 or other persons authorized to dispose of land by way of 
 sale, exchange, partition, or enfranchisement," were 
 enabled to apply to the Court by petition for its sanc- 
 tion of such sale (sec. 2). Under this Act the Court will 
 give a general authority to effect such sales without re- 
 ference to any particular contract {Re Wijnn, L. R, 10 
 Eq. 237). 
 
 17. It shall be lawful for the Court, if it shall rroceedings 
 deem it proper and consistent with a due regard [jo„'"'°'*^'^" 
 for the interests of all parties who are or may 
 hereafter be entitled under the settlement, and 
 subject to the provisions and restrictions in this 
 Act contained, to sanction any action, defence, 
 petition to Parliament, parliamentary opposition, 
 or other proceedings appearing to the Court 
 necessary for tlie protection of any settled 
 estate, and to order that all or any part of the 
 costs and expenses in relation thereto be raised 
 and paid by means of a sale or mortgage of or 
 charge upon all or any part of the settled estate, 
 or be raised and paid out of the rents and profits 
 of the settled estate, or out of any moneys or 
 investments representing moneys liable to be 
 laid out, in the purchase of hereditaments to be 
 settled in the same manner as the settled estate, 
 or out of the income of such moneys or invest- 
 ments, or out of any accumulations of rents, 
 profits or income. 
 
 This section is an entirely new enactment, which will 
 prove, it is anticipated, one of considerable importance 
 by relieving persons entitled to partial interests in
 
 24 SETTLED ESTATES ACT. 
 
 settled estates from the risk of having to bear personally 
 a portion or the whole of the costs of proceedings for 
 the protection of the inheritance. In future, persons 
 coming within the words of section 23 will be able before 
 commencing such proceedings to apply by petition for 
 the sanction of the Court for them, and to obtain 
 directions as to the mode in which the costs of such pro- 
 ceedings are to be raised. It remains to be seen what 
 interpretation the Courts will place upon the word 
 " protection," which is capable of wide extension, and 
 might be made to cover opposition to Bills for com- 
 pulsory powers, actions for the redemption of mortgages, 
 or to restrain waste by a lessee, or for the specific per- 
 formance of contracts relating to the settled property. 
 
 There are as yet no reported judicial decisions under 
 this section. 
 
 The wording of the first portion of the section differs 
 slightly from the corresponding portions of the 4th & 
 16th sections. In these occur the words " all parties 
 entitled under the settlement," which in the above sec- 
 tion are replaced by the words " all parties who are or 
 may hereafter be entitled under the settlement." 
 
 The special provisions as to costs and expenses in this 
 section, would seem in this respect to take proceedings 
 for protection out of the general enactment as to costs 
 (section 41). 
 
 Considera- 18. When any land is sold for building pur- 
 sow for/'"''^ poses it shall be lawful for the Court, if it shall 
 building gge fit, to allow the whole or any part of the 
 fee^farm consideration to be a rent issuing out of such 
 reut. land, which may be secured and settled in such 
 
 manner as the Court shall approve. 
 
 I'J & 20 Vict. c. 120, sec. 12, re-enacted verbatim. 
 
 Minerals, 19. On any sale of land any earth, coal, stone, 
 
 excepted ^ or mineral may be excepted, and any rights or 
 
 fromsaks. privileges may be reserved, and the purchaser 
 
 may be required to enter into any cove lants or
 
 DEDICATIONS FOR ROADS, ETC, 25 
 
 submit to any restrictions which the Court may 
 deem advisable. 
 
 19 & 20 Vict. c. 120, sec. 1.3, rc-cnacted verbatim. 
 
 The Act empowers the Court to authorize the sale and 
 conveyance of minerals situate under a settled estate 
 apart from the surface of the land (lie Law, 7 Jur., 
 N. S,, 511 ; He MalVui's Settled Estate, 3 Giff, 12G ; 30 
 L. J, Ch. t)29 ; 4 I.. T., N. S., 435). The proper mode 
 of carrying out the contract between the parties is by 
 a sale, with a covenant limiting to ten years the period 
 ■within which the mine is to be worked out, rather tiian 
 by a demise of the minerals for ten years {lie MaUiu'.t 
 ^Settled Mutate). The conveyance may grant rights of 
 using the surface for the workings, and may reserve a 
 rent in respect of the surface damaged from time to 
 time (He Milharrd'x Kstutc, G L. 11. Eq. 248). 
 
 20. It shall be lawful for the Court, if it shall Co'xt in.iy 
 
 , . , . -11 1 •"itlionz*; 
 
 deem it proper and consistent witli a due regard di-ditation of 
 for the interests of all parties entitled under the si't^tij.''"^ "' 
 settlement, aud subject to the provisions and estates for 
 restrictions in this Act contained, from time to ioacisrami 
 time to direct that any part of any settled "'her work <. 
 estates be laid out for streets, roads, paths, 
 squares, gardens, or other open spaces, sewers, 
 drains, or watcrcom'ses, cither to be dedicated 
 to the public or not ; and the Court may direct 
 that the parts so laid out shall remain vested in 
 the trustees of the settlement, or be conveyed to 
 or vested in any other trustees upon such trusts 
 for securing the continued appropriation thereof 
 to the purposes aforesaid in all respects, and 
 with such provisions for the ap])oiutment of new 
 trustees when required, as by the Court shall be 
 deemed advisable. 
 
 19 & 20 Vict. c. 120, sec. 14, re-enacted. 
 The section does not warrant the Court to aHow the 
 
 c
 
 26 SETTLED ESTATES ACT. 
 
 land to be cut up generally for roads, but only warrants 
 it to sanction dedications of this kind in cases where 
 there is an immediate benefit to the property in its 
 state at the time of the application, e.g., when houses 
 are to be erected, when a new railway station is made 
 in the neighbourhood, where roads are needed for the 
 purposes of farming, or of access to a market {Re 
 Ilurle's Settled Estates, 2 H. & M. 203 ; Re Chambers, 
 28 Bcav. 053). The roads need not be public roads, or 
 even roads for all the tenants of the estate, since the 
 general improvement of the estate may be promoted by 
 private roads ( White v. Leeson, 2 H. & N. 60). 
 
 As to the necessity of procuring the approval of the 
 Court to plans of the proposed dedications, see Re 
 Hargreave's Settled Estates (15 W. R. 54), _where an 
 order was made giving trustees general powers of 
 granting building leases for 999 years, and of laying 
 out portions of the same in accordance with the terms 
 of the above section, without requiring plans to be 
 submitted for approval. 
 
 The section does not mean that the Court may order 
 roads and sewers to be made, but merely that the 
 building plans sanctioned by the Court may include 
 the construction of roads and sewers {Re Venoxir''s 
 Settled Estates, 2 Ch. D. r)25). 
 
 As to lading 21. Where any part of any settled estates is 
 maktn'^ directed to be laid out for such purposes as 
 and exe- aforesaid, the Coiu't may direct that any such 
 maintofning Streets, roads, paths, squares, gardens, or other 
 streets, open spaces, sewers, drains, or watercourses, in- 
 other' works, eluding all necessary or proper fences, pavings, 
 penses' connections, and other works incidental thereto 
 thereof. respectively, be made and executed, and that all 
 or any part of the expenses in relation to such 
 laying out and making and execution be raised 
 and paid by means of a sale or mortgage of or 
 charge upon all or any part of the settled estates, 
 or be raised and paid out of the rents and profits
 
 DEDICATIONS FOR ROADS, ETC. 27 
 
 of the settled estates or any part thereof, or out 
 of any moneys or investments representing 
 moneys Hable to be laid out in the purehase of 
 hereditaments to be settled in the same manner 
 as the settled estates, or out of the income of 
 such moneys or investments, or out of any ac- 
 cumulations of rents, profits, or income ; and 
 the Court may also give such directions as it 
 may deem advisable for any repair or mainten- 
 ance of any such streets, roads, paths, squares, 
 gai'dens, or other open spaces, sewers, drains, or 
 watercourses, or other works, out of any such 
 rents, profits, income, or accumulations during 
 such period or periods of time as to the Court 
 shall seem advisable. 
 
 This section re-enacts 39 & 40 "Vict. c. 30, sec. 1 (which 
 was passed to ob\'iate the difficulty which had arisen 
 under 19 & 20 Vict. c. 120, sec. 14, in the exercise of the 
 power thereby created, "for want of sufficient power to 
 direct the said streets and other works to be made and 
 executed, and to provide for the expenses incurred in 
 relation thereto") ; and it extends that section so as (1) 
 to enable the Court to provide for the payment of the 
 expenses of the works out of income if it should be 
 thought desirable ; and (2) to enable the Court to pro- ' 
 vide for the maintenance of the works out of income. 
 The difficulty referred to in the preamble of the Act of 
 1876 as having arisen was raised in the cases of lie 
 Cliamhcrs, 28 Beav. G53 ; He Ilurles Settled Estates, 2 
 H. & M. !!)(• ; and lastly in He Venour's Settled Estates, 
 2 L. E. Ch. D. 525). 
 
 22. On eveiT sale or dedication to be efiected Row 8.iies 
 as hereuil)eiore mentioned the Court may clu'eet tionsaivt.. 
 what person or persons shall execute tlie deed of J,'Jj^j"rjJ|^^^ 
 conveyance ; and the deed executed by such direction of 
 person or persons shall take effect as if the set- "* ''"' " 
 tlement had contained a power enal>ling such 
 
 c 2
 
 28 SETTLED ESTATES ACT. 
 
 person or persons to effect sucli sale or dedica- 
 tion, and so as to operate (if necessary) by way 
 of revocation and appointment of the use or 
 otherwise, as the Court shall direct. 
 
 [_ 19 & 20 Vict. c. 120, sec. 15, re-enacted verbatim. 
 
 The meaning of the section must be that " the deed 
 shall take eiiect as if the settlement had contained a 
 power, and siicJi j'on-er n-ai<! valid and subsisting at the 
 time of the execution of the deed. See Brlcltdale on 
 the Settled Estates Act, p. 130. See Be Thompsoji's 
 Settled Estates ; Green v. Tlwnqjson (Johns. 420). The 
 object of the Act is to supply a power of sale where the 
 settlement does not contain one, and to provide that 
 the money shall be applied as it would be applied under 
 a proper power of sale {Re MorgaiCs Settled Estates, 9 
 L. R. Eq. 588). The order for sale binds all persons in- 
 terested in the settled estates, and passes eveiy estate 
 and interest to which they are entitled under the settle- 
 ment : therefore the parties authorized to make the con- 
 veyance can convey to the purchaser all that they are 
 ordered to convey {Eyre v. Sanders, 7 W. R. 366) ; and 
 in the case of an equity of redemption the right to call 
 in the legal estate vests in the persons authorized to 
 convey (S.c. 5 Jur., N. S., 704). Where a trustee, one 
 of the conveying parties, dies after the hearing and 
 before conveyance, a petition must be presented for the 
 appointment of a new trustee in the place of the de- 
 ceased trustee {Scott v. IlelscJt, 33 L. T. 498). But see 
 Be Hole's Trusts (W. N. 1868, p. 70), where the M. E. 
 refused to order one of eleven persons in whom the 
 legal estate was vested to convey on behalf of all, say- 
 ing that he had no power to make such order. : 
 
 This section may bo compared with the corresponding 
 section relating to leases {section 12), from which it 
 differs in the particulars before mentioned in the note 
 to that section, 
 
 ApiJiication 23. Any person entitled to the possession or 
 to exercise ^^ ^^® receipt of the rents and profits of any
 
 PETITION. 29 
 
 settled estates for a term of years clcterminable ],owcrs con- 
 on his death, or for an estate for life or any [^^is'^Act! 
 gi'eatcr estate, and also 
 
 any i)crson entitled to , 
 i-eceii)t of the rents and '^''' 
 
 the possession or to the i-eceipt of the rents and ^^'Z^^^'^" ''' 
 profits of any settled estates as the assignee of 4'^^_^^^^. j, i^U^ 
 
 any person who hut for such assignment would ^h,.^" //^- 
 he entitled to such estates for a term of years ^^'V*'7/^'*^jZ^ 
 determinable with any life, or for an estate for ^'^^'V^^^^ ^^ 
 any life or any greater estate, may apply to the /,..^/<.^/l?I^ >«..«— ^ 
 Court by petition in a summary way to exercise ^^/i^t^^^.^^,L^ 
 the powers conferred by this Act. M^ x^<u,^,ii^U<^ 
 
 This section re-enacts 19 k. 20 Vict. c. 120, sec. 10, and /^^A//^ ^ L 
 extends its provisions to assignees. .f*.*.^ «^»y f*^ 
 
 See Orders 2 & 31 as to the form of the petition, the ^ cx^^^^a.^ /^ 
 title and necessary clauses, also the Summary of the/ '^'^"'^■^ ''^^, . 
 Practice. /^/^.^.//^>- 
 
 It is not necessary that the proceedings under the Act ^ /X^^St*^ >»' ^• 
 should specify the particular settlement to which the y'^f^/ /2.y;^/(. 
 property is at the lime subject, provided the property ^-^ ^.-o. Z3? . 
 be sufficiently identified, and be actually under settle- 
 ment (7?/^ ThompHon'x SiitU-d Edatcs ; Greeny. Thomp- 
 son, Johns. 418 ; 5 Jur., N. S., 1343). 
 
 The words " entitled to the possession or to the receipt 
 of the rents and profits," have been discussed in the fol- 
 lowing cases. Lord Seursdalc v. Curzon (1 J. & H. (!(!), 
 Wolk^j V. Jenkins (23 Beav. CO), and Ycllomly v. Goner 
 (11 Exch. 291). The same words occur in section 46. 
 
 Where mines were vested in tmstees for a term of 21 
 years upon trust to work the mines and invest the 
 profits, and hold them upon certain trusts, and subject 
 to the terra to hold them upon trusts corresponding 
 to limitations of frechohl estates under which A. was 
 tenant for life with remainders over, A. presented a 
 petition for sale, and it was held that the trustees must 
 join as co-petitioners {K.c jxirte I'li.rkij, 2 Ir. R. Eq. 
 237). 
 
 One of the parties ha-v-ing married after the presenta- 
 tion of the petition, the trustees of the settlement made
 
 30 SETTLED ESTATES ACT. 
 
 ou the marriage, were made parties by amendment (i?^ 
 Wimn.<>on's ScUled Estates, 21 W. R. 537). 
 
 The Court cannot direct leases and sales in a cause 
 without a petition {Ilarvcy v. Clarlic, 25 Beav. 7 ; Tay- 
 lor V. Taylor, 1 Ch. D, 431). The petition must be pre- 
 sented by the person entitled to the possession of the 
 estate or entitled to the receipt of the rents and profits. 
 K there is no such person in existence, no application 
 can be made, the above section being " the only enabling 
 part which entitles the Court to set the Act in motion " 
 
 (,S^.^.)- 
 
 A petition was presented in Williams v. Williams (9 
 W. E. 888) by a widow entitled under the will to an 
 estate during life or mdorvliood, and her children en- 
 titled in remainder ; the Court held these to be the 
 proper parties to make the application. 
 
 No question of construction can be decided upon a 
 petition under this Act, but where the Court sees that 
 the right to the property can only be in the petitioners 
 or one of them, an order for sale may be made, though 
 it remain doubtful in what manner or proportions the 
 right is vested {Re WiUiams' Settled Estates, 20 W. E. 
 967). 
 
 With whose 24. Subject to the exceptions hereinafter con- 
 appiicatioif tained, every application to the Court must be 
 to be made, made with the concurrence or consent of the 
 following parties; namely, 
 
 Where there is a tenant-in-tail under the 
 settlement in existence and of full age, 
 then the parties to concur or consent shall 
 bo such tenant- in-tail, or if there is more 
 than one such tenant- in-tail, then the first 
 of such tenants-in-tail, and all persons in 
 existence having any beneficial estate or 
 interest under or by virtue of the settle- 
 ment prior to the estate of such tenant-in- 
 tail, and all trustees having any estate or 
 
 X
 
 CONSENTS. 31 
 
 interest on behalf of any unboni child prior 
 to the estate of such tenant in-tail ; 
 And in every other case tlie parties to concur 
 or consent shall be all tlic persons in exist- 
 ence having any beneficial estate or interest 
 under or by virtue of the settlement, and 
 also all trustees having any estate or interest 
 on behalf of any iniborn child. 
 
 19 & 20 Vict. c. 120, SCO. 17, re-cnactccl verbatim. 
 
 After an order for sale has been made, it is not neces- 
 sary upon a petition for n supplemental order to have 
 the consent of all the cestiiis qiic trmts, but the consent 
 of trustees who have power to receive and give dis- 
 charges is sufficient {Eyre v. Sanders, 4 Jur., N. S., 830)' 
 
 All persons beneficially interested must concur {Grey 
 V. Jcnh'uts, 26 Beav. 351). Trustees can only consent 
 for unborn childi-en ; but trustees with a power of sale 
 may join in a sale which will bind all persons claiming 
 under their trust (<S'.e.). An infant remainderman is 
 bound to appear on each of two petitions by a guar- 
 dian ad litem, appointed for the purpose (^Re the Duhe 
 of aeveland's Ilarte Estaics, 2 L. T., N. S., 78). 
 
 The words "every application," refer only to applica- 
 tions under the Act, and not to petitions dealing with 
 purchase-money {S.c. 1 Dr. & Sm. 481 ; .30 L. J. Ch. 862 ; 
 Ite Seaton Barnes' Settled Estates, 10 W. R. 416). 
 
 The operation of the Act is not hindered by the fact 
 that the limitations of the settlement contemplate the 
 possibility of persons not presently in existence be- 
 coming ultimately entitled in remainder ; therefore the 
 impossibility of obtaining the concurrence of persona 
 unascertained who may take a contingent interest is 
 not a valid objection to the exercise of the powers given 
 by the Act {Beioh-y v. Carter, 4 L. R. C. A. 230). 'SMiere 
 the tenant for life of the settled estate and the trustees of 
 the legal fee, who were the only persons in existence who 
 had any estate or interest in the property at the date of 
 the order, concurred, it was held that this was sufficient,
 
 32 SETTLED ESTATES ACT. 
 
 and that the consent of the heir-at-law of the tenant for 
 life was not requisite (S.c). With the exceptions here- 
 inafter contained (.srcs. 25 and 28), the Court cannot 
 exercise the powers given by this Act if any of the 
 parties beneficially interested refuse to concur {lie 
 Merrif.^ Setilrd Estates, 15 W. K. 307). 
 
 The concurrence of cestii'is que trusts of a tenn for rais- 
 ing portions is not superseded by the concurrence of their 
 trustees, although these have powers of sale and of giving 
 receipts for the purchase-money {Re Bougliton, 12 W. R. 
 34). Therefore remaindermen who are sui juris, and 
 who may become beneficially interested, must be served 
 as well as the trustees, but service on their mfant 
 children who might in certain events take by sub- 
 stitution their parents' shares, may be dispensed with 
 {Re Cliambcrhin, 23 W. R. 852). The words used in 
 the section, " any beneficial estate or interest," are of 
 the ^videst, and the use of the word " interest " shows 
 that the consent is required not only of persons who 
 have an " estate," e.g., trustees for sale, but also those 
 who have a beneficial " interest," e.g., the eestuis f(ve 
 tru.^ts under a trust for sale, or persons entitled to a 
 portion charged upon an estate. The fact that the 
 statute provides that the t rustees shall consent for au 
 unborn child, implies that they are not to consent for a 
 born child (7?^? Ives-Bailey v. Holmes, 3 Ch. D. 090 ; 24 
 W. R. 1008). Trustees are not the persons to represent 
 children who are beneficiaries, even if their interest is 
 one in possession within the meaning of the Act {Re 
 Bendy, 4 Ch. D, 879). 
 
 A contrary opinion was entertained in the cases of 
 Re Potts' Estate, 10 L. R. Eq. 631 n., 15 W. R. 29, and 
 Re Strutt's Trusts, 16 L. R. Eq. 629, and it has recently 
 been decided that in an action for sale and partition 
 trustees for sale sufficiently represent their ce.stuis que 
 trusts {Staee v. Gage, 8 Ch. D. 451), and that Order 
 XVI. rule 7 of the Rules of Court, 1875, under the 
 Judicature Acts applies to such an action {Simj)san v. 
 Benny, 10 Cli. D. 28).
 
 DISPENSING WITH CONSENT — NOTICE. 33 
 
 Notice of any application must be served on all 
 trustees (ncc. 30), and evidence of such service produced 
 at the hcarint; {Ordrr IG). 
 
 2-5. Provided always, that where an infant is (^f^"g^„|,"'-^' 
 tenant-iu-tail uniler the settlement, it shall be witii consent 
 lawful fur the Court, if it shall think fit, to dis- j!f,'frt!l^f 
 peuse with the concurrence or consent of the estates. 
 person, if only one, or all or any of the persons, 
 if more than one, entitleil, whether beneficially 
 or otherwise, to any estate or interest subsequent 
 to the estate tail of such infant. 
 
 This section is new. 
 
 The obtaining of the consent of an infant tenant-in- 
 tail through his guardian is provided for by Orders G, 
 7, 9, and 11. See the Summary of Practice, ^^(wf. 
 
 The guardian ha-ving in this case to obtain the special 
 direction of the Court before making any application or 
 giving any consent, notice or notification (see. 49), there 
 are good reasons why the consent of the persons more 
 remotely interested may in such cases as the above be 
 dispensed with without endangering their interests. 
 
 26. Provided always, that where on an appli- Notice to bc- 
 cation under this Act the concuiTcnce or consent foiirwho'dT," 
 of any such person as aforesaid shall not have 'wt consent 
 
 '',.'■■, . 1111 • i , to or concur 
 
 been obtanied, notice shall be given to such i„ the api'U- 
 person in such manner as the Court to which cation. 
 the application shall be made shall direct, re- 
 quiring him to notify within a time to be speci- 
 fied in such notice whether he assents to or 
 dissents from such application, or submits his 
 rights or interests so far as they may be affected 
 by such application to be dealt with by the 
 Court, and every such notice shall specify to 
 whom and in what manner such notification is 
 to be delivered or left. In case no notification 
 shall be delivered or left in accordance with the 
 
 c 3
 
 34 SETTLED ESTATES ACT. 
 
 notice and Avithin the time thereby limited, the 
 person to or for whom such notice shall have 
 been given or left shall be deemed to have sub- 
 mitted his rights and interests to be dealt with 
 by the Court. 
 
 37 &c 38 Vict. c. 33, sec. 2, re-enacted. 
 
 The practice under this section is regulated by Orders 
 4 and 22. See the Summary of the Practice, post. 
 
 Under Order 4 the manner of service is subject to the 
 directions of the judge in the following cases : — 
 
 1. \Vhere the person to be served is of unsound mind 
 not so found by inquisition — in a recent case service 
 was ordered to be effected by serving the notice per- 
 sonally on the persons of unsound mind, and leaving 
 other copies of the notice with the persons in whose 
 charge they were (In re Cmhtree's Settled Estates, 10 
 L. R. C. A. 203). 
 
 2. Where the person is out of the jurisdiction — in a 
 case of this kind, where a married woman was resident 
 in New Zealand, the Court ordered service of the notice 
 by letter sent through the post and addi-essed to her 
 place of residence {Re Rylar, 24 W. R. 949). 
 
 3. WTiere special circumstances of the case require 
 a mode of service other than the ordmary one — see Re 
 SlarJiS Settled Estates (W. N. 1875, p. 224), as to service 
 on a person of extreme old age unable to concur in 
 writing. 
 
 Court may 27. Provided also, that where on an applica- 
 wfth notice tion under this Act the concurrence or consent 
 under cer- Qf r^^^j g^ich person as aforesaid shall not have 
 stonces!""^' been obtained, and in case such* person cannot 
 be found, or in case it shall be uncertain 
 whether he be living or dead, or in case it shall 
 appear to the Court that such notice as afore- 
 said cannot be given to such person without 
 expense disproportionate to the value of the 
 subject-matter of the application, then and in
 
 DISPENSING WITH NOTICE. 35 
 
 any .such case the Court, if it sluill tliiuk fit, 
 cither on the ground of the rights or interests of 
 such jicrson Ijcing small or remote, or being 
 similar to the rights or interests of any other 
 person or persons, or on any other ground, may 
 by order dispense with notice to such person, 
 and such person shall thereupon be deemed to 
 have siibmitted his rights and interests to be 
 dealt with by the Coiu-t. 
 
 This section is new, and enables the Court to dispense 
 with notice in cases where a person required to be served 
 with notice under «rf!. 2(J cannot conveniently be served, 
 owing to one or other of the following circumstauces — 
 viz., if either he 
 
 1 . Cannot be found ; 
 or 2, Is not known to be living ; 
 or 3. Cannot be served without disproportionate ex- 
 pense. 
 But it would seem to be necessary that in addition to 
 one or other of the foregoing circumstances there must 
 also exist one or other of the following '' grounds" : 
 1. Sniallness or remoteness of his interest ; 
 or 2. Similarity of interest to that of other parties 
 
 already before the Court ; 
 or 3, "Any other ground" (which woiild probably 
 be read as meaning '"any other similar 
 ground "). 
 Service was dispensed with on the husbands and 
 children of married women whose examinations were 
 dispensed with under section 50 on the ground of 
 remoteness of interest {Re Earl of Kilmora/s Settled 
 Estates, 26 W. K. 54). 
 
 See also Stace v. Gage and Simpson v. Bounj, cited in 
 the note to section 24, and compare the 3rd section of 
 the Partition Act, 187G, the provisions of which are 
 similar to those of the above section. 
 
 28. An order may be made upon any applica- court nidy
 
 33 SETTLED ESTATES ACT. 
 
 iiisjiense tioii notwithstanding that the concurrence or 
 
 "o'nsont consent of any such person as aforesaid shall not 
 
 h iviii;! 10- have been obtained or shall have been refused, 
 
 numbi'/ami but the Court in considering the application 
 
 •"t'-''.'«=*ts "' shall have regard to the number of persons who 
 
 concur in or consent to the application, and 
 
 who dissent therefrom or who submit or arc to 
 
 lie deemed to submit their rights or interests to 
 
 be dealt with by the Court, and to the estates 
 
 or interests which such persons respectively 
 
 have or claim to have in the estate as to which 
 
 such ai^plication is made ; and every order of 
 
 the Court made npon such application shall 
 
 have the same effect as if all such persons had 
 
 been consenting parties thereto. 
 
 37 & 38 Vict. c. 33, sec. 3, re-enacted. 
 
 The discretion given by this section is one to be exer- 
 cised having regard to two sets of circumstances, namely, 
 " number and value." The meaning is not that the 
 Court should decide simply according to its own notion 
 of what would be best to be done with the pi'operty. 
 It is only in cases of comparatively unimportant per- 
 sons — i.e., unimportant as regards value in the estate — 
 dissenting that the Court ought to exercise the power 
 given by the section (per Jessel, M. R., in Taylor v. 
 Taylor, 1 Ch. D. 433). Where the persons interested 
 are equal in number, or where the values of the interest 
 approach closely, the opposition of persons so interested 
 is fatal to the application {S.c,, 3 Ch. D. 146, per 
 James, L. J.). 
 
 Service of notice was not required on an infant born 
 after the i^rescntation of the petition where the mother 
 (a married woman) and her other children and the 
 trustees were the petitioners {Be Lewis' Settled Estates, 
 24 W. R. 103). 
 
 This section must be read in conjunction with section 
 26, which requires notice {lie Ilylar, 21 W. R. 949) ;
 
 DISPENSING WITH CONSENT. 37 
 
 therefore notice must be served on all i)artios interested, 
 unless specially dispensed with under section 27. 
 
 Out of eight persons interested in settled property 
 seven consented, and the consent of the eighth, who 
 was a married woman, was dispensed with on the terms 
 of the petition being served on her and her husband 
 {Re Thorp's Srtilrd Estah-s, W. N,, 1870, p. 251). 
 
 In lie JSjninnn/\s- Srtflvd Estates (W. N., 1878, p. 238), 
 the Court disregarded as too remote the interest of a 
 person entitled to a remainder in the event of all the 
 children of the testator dyuig under 21 without leaving 
 issue. 
 
 See also lie Cttndecs Settled Estates (.37 L. T., N. S., 
 271 ; W. N., 1877, p. 184), where the concurrence of 
 the widow of a deceased son and her second husband, 
 she having married again, and being entitled under her 
 fii'st husband's settlement to a life interest in one-tenth 
 of the settled estates, was dispensed with. 
 
 And see lie Hoohe's Estate (W. N., lS7r>, p. 20), 
 where the petitioners being the tenant for life and the 
 first tenants in tail, who were uifants, the service of 
 notice on the remaindermen was dispensed with. 
 
 29. Provided nevertheless, that it shall be Petition 
 lawful for the Court, if it shall think fit, to give '^'^ui^l 
 cftect to any petition subject to and so as not to without con- 
 affect the rights, estate, or interest of any person rigiiteoP"" 
 whose concurrence or consent has been refused, iwn-con- 
 or who has not sul)mitted or is not deemed to parties. 
 have submitted his rights or interests to be dealt 
 with by the Court, or whose rights, estate, or 
 interest ought in the opinion of the Court to be 
 excepted. 
 
 Sec. 18 of 10 & 20 Vict. c. 120, of which the present 
 section is a re-enactment, was not applicable if " there 
 should be a person entitled to an estate of inheritance 
 whose consent or concurrence should have been refused
 
 38 SETTLED ESTATES ACT. 
 
 or could not be obtained." This restriction is now 
 removed, and the provisions of the section extended so 
 as to cover cases where persons interested do not submit 
 their rights (under sec. 26) to be dealt ^vith by the 
 Court. 
 
 Where there are a number of persons having charges 
 upon the settled estates as legatees, and it is almost 
 impossible from their number to serve them with notice 
 of the petition, the power given to the Court by this 
 section will be used (Re Legge's Settled Estates, 6 W. R. 
 20 ; In re Parrg's Will, 34 Beav. 642). The order will 
 follow the words of the section in saving the rights of 
 persons unrepresented. 
 
 Notice of 30. Notice of any application to the Court 
 
 to be?ervea Under this Act shall be served on all trustees who 
 tees Vc"^' ^^^ seised or possessed of any estate in trust for 
 any person whose consent or concurrence to or 
 in the application is hereby required, and on any 
 other parties who in the opinion of the Court 
 ought to be so served, unless the Court shall 
 think fit to dispense with such notice. 
 
 19 & 20 Vict. c. 120, sec. 19, re-enacted verbatim. 
 
 Evidence of service on trustees under this section 
 must be produced on the hearing of the petition 
 {Order IG). 
 
 If there are " any other parties who in the opinion of 
 the Court ought to be served," the petition stands over 
 generally, or to such time as the Court shall direct 
 (Order 18). 
 
 Trustees served with notice under this section have 
 a right to inspect and peruse the petition without pay- 
 ment of any fee, and to have a copy of the petition on 
 the usual charge {Order 22). 
 
 ffucatfon 31- Notice of any application to the Court 
 to be given under this Act shall, if tlie Court shall so direct, 
 plperrif ^«< not otherwise, be inserted in such newspapers
 
 ADVERTISEMENTS. 39 
 
 as the Court shall direct, aud any person or body comt 
 corporate, whether interested in the estate or 'i^'C'^*- 
 not, may apply to the Court by motion for leave 
 to be heard in opposition to or in support of 
 any application which may be made to the 
 Court under this xVct ; and the Court is hereby 
 authorised to permit such person or corporation 
 to appear and be heard in opposition to or sup- 
 port of any such application, on such terms as 
 to costs or otherwise, aud in such manner as it 
 shall think fit. 
 
 The difference between this section and sec. 20 of 
 19 & 20 Vict. c. 120, lies in this, that the direction of 
 the Court ^s now necessary before giving notice. In 
 other respects the latter section is here re-enacted. 
 
 The effect of this amendment is, that no advertise- 
 ments are now required before the hearing, though 
 upon the hearing the Court may direct them ; in which 
 case the petition stands over generally, or to such time 
 as the Court may direct {Order 18). 
 
 The practice on motions for leave to be heard is 
 regulated by Orders 19 & 20. 
 
 In a case in which the parties themselves are the / C^ /a, ' 
 only persons interested, aud the public can have no /^^ J/^z-fyr- 
 concern in the matter, there is no reason whatever for '' ^^'fn \ zaT. ' 
 issuing advertisements {hi re ChilcoWs Estate, W. N., ' 
 
 1877, p. 259). In this case the V.-C. Malins expressed 
 his opinion that the above section was a salutary pro- 
 vision, and added that it would be a veiy extraordinary 
 case which would induce him to require advertisements 
 to be issued. 
 
 See generallj-, as to the practice on issuing advertise- 
 ments and on motions for leave to be heard, the Sum- 
 mary of the Practice, and the Notes to the Orders, post. 
 
 32. The Court shall not be at liberty to grant Nd aM.iic.i- 
 auy application imder this Act in any case \^^^ ^\^%,
 
 40 SETTLED ESTATES ACT. 
 
 i>e gnintci wlierc the applicant, or any ])arty entitled, has 
 wiiere.i previously applied to either House of Parlia- 
 
 similar .111- i ^ " ■ i , «• i ii 
 
 i.iifation meut for a private Act to enect the same or a 
 reje.'r^n.y similar object, and such application has been 
 Parliament, rejected on its merits, or reported against by 
 
 the judges to whom the Bill may have been 
 
 refeiTcd. 
 
 19 & 20 Vict, c. 120, sec. 21, re-enacted verbatim. 
 
 Evidence to the effect of this section must be pro- 
 duced upon the hearing of the petition (Order 17). 
 
 A Bill introduced into cither House of Parliament 
 and rejected \\-ill be presumed to have been rejected on 
 its merits within this section unless the contrary appear 
 (Be Wilson's Estate BUI, 1 L. T., N. S., 25). 
 
 Notice of 33. The Court shall direct that some suffi- 
 
 of pow/i^to cient notice of any exercise of any of the povfers 
 
 dhf(-tonT^- coiiferred on it by this Act shall be placed on the 
 
 tuy'cuurt!^ settlement or on any copies thereof, or otherwise 
 
 recorded in any way it may think proper, in all 
 
 cases where it shall appear to the Court to be 
 
 practicable and expedient for preventing fraud 
 
 or mistake. 
 
 19 & 20 Vict. c. 120, sec. 22, re-enacted verbatim. 
 
 Notice may be given under this section by registering 
 a memorial in a register county or district. If the 
 Court dispenses with notice under this section, the order 
 must expressly say so (Order 23). 
 
 In Be Cross' CliarUy (27 Beav. 292), a power to 
 grant building leases for 600 years was ordered to be 
 indorsed on a deed declaring the trusts of a dissenting 
 chapel. 
 
 In Be Burley's Settled Estates (W. N., 1868, p. 148), 
 where the probate of the will by which the estates 
 refen-ed to in the petition were settled had been lost, 
 notice of the order was directed to be indorsed on a 
 deed appointing new trustees.
 
 APPLICATION OF MONEYS, 41 
 
 34. All money to be received on any sale raymont 
 eftected under tlie authority of this Act, or to be r!iti.m'!,V 
 set aside out of the rent or payments reserved .\r"s"J',y,\ro,n 
 on any lease of earth, coal, stone, or minerals as sau-sorset 
 aforesaid, may, if the Court shall think fit, be r'nl^S"' 
 paid to any trustees of ^vhom it shall approve, or nserveaon 
 otherwise the same, so far as relates to estates i"i"es!'' 
 iu England, shall be paid into Court ex parte 
 the applicant in the matter of this Act, and so 
 far as relates to estates in Ireland, shall be paid 
 into the Bank of Ireland to the account of the 
 Accountant-! Jenenil ex parte the applicant in the 
 matter of this Act ; and such money shall be 
 applied as the Court shall from time to time 
 direct to some one or more of the following pur- 
 poses, namely, — 
 
 So far as relates to estates in England the 
 purchase or redemption of the land tax, and 
 so far as relates to estates in Ireland the 
 purchase or redemption of rentcharge in 
 lieu of tithes, crown rent, or quit rent. 
 The discharge or redemption of any incum- 
 brance affecting the hereditaments in respect 
 of which such money was paid, or affecting 
 any other hereditaments subject to the same 
 uses or trusts ; or 
 The purchase of other hereditaments to be 
 settled in the same manner as the heredita- 
 ments in respect of which the money was 
 paid ; or 
 The payment to any person becoming abso- 
 lutely entitled. 
 
 This section substantially re-enacts sec. 23 of 19 & 20 
 Vict. c. 120 : the distinction made between estates in 
 England and estates in Ireland in the first head of the 
 purposes enumerated is however new. 
 
 The object of this Act being to supply a proper power 
 of sale where the settlement does not contain one, and
 
 42 ■ SETTLED ESTATES ACT. 
 
 to provide that the mouey shall be applied as it would 
 be applied under a proper power of sale, the pui'chase- 
 money may be paid to the trustees to be held upon the 
 trusts of the settlement {Re MorgarCs Settled Estates, 9 
 L. E. Eq. 587 ; Re Helmsley, 43 L. J. Ch. 72). This, 
 however, will not be done where some of the cestuis que 
 trusts are resident abroad {Aston v. Meredith, 13 L. R. 
 Eq. 292). 
 
 For the purposes of this section the erection of a 
 building is substantially the same thing as the purchase 
 of a new estate, and therefore the proceeds of sale may 
 be applied in building hop-kilns, a granary, or cottages, 
 or in repairs and alterations which will permanently 
 increase the value of the estate {Re Newman's Settled 
 Estates, 9 L. R., C. A., 681, and the cases there cited ; Re 
 Johnson, 8 L. R. Eq. 348), and which will put new 
 buildings on the ground {Drake v. Trefusls, 10 L. R., 
 C. A., 367 ; Re SjJeer's Trusts, 3 Ch. D. 262). But 
 money in Court cannot be applied in making roads and 
 drains, under sec. 20 {Re Venonr's Settled Estates ; 
 Venour v, Sellon, 2 Ch. D. 622), though it may be ad- 
 vanced on the security of a mortgage by the petitioners 
 of their interests in the settled estates {S.c). If, how- 
 ever, there are " any moneys or investments representing 
 moneys liable to be laid out in the purchase of heredita- 
 ments to be settled in the same manner as the settled 
 estates" {section 21), streets, roads, drains, &c., may be 
 constructed and paid for out of such moneys or invest- 
 ments or out of the income arising from them. 
 
 Assessments made by a corporation for paving a 
 street are an incumbrance within this section {Re Ilil- 
 Uard's Settled Estates, 38 L. T., N. S., 93). 
 
 Before payment out of Court to a teuant-in-tail under 
 a settlement, he must execute a disentailing deed {He 
 JBroadwood's Settled Estates, 1 Ch. D. 438 ; contra, lie 
 Wood's Settled Estates, 20 L. R. Eq. 372), and make an 
 affidavit of no incumbrances {ThornMllv. 3Iilbanh, 12 
 W. R. 523). The conflicting decisions of Ee Broad- 
 n-ood's Settled Estates, and Re Wood's Settled Estates,
 
 APPLICATION OF MONEYS. 43 
 
 were brought before the Court of Appeal in Re lley- 
 nolds (3 Ch. D. Gl), and the judges of this Court, 
 holding themselves bound by <i pre\aou8 deeision of 
 Lord Selbome, required the production of a proper 
 deed enlarging the base fee. 
 
 Where the settlement contained an ultimate remainder 
 to the survivor of the husband and wife, and the wife 
 was proved to be past child-bearing, the pui'chasc-money 
 was ordered to be paid out to the husband and wife on 
 the wife executing a deed under the 77th section of the 
 Fines and Recoveries Act (iZe Belfs Settled Estates, 25 
 W. R. 901). 
 
 An application having for its object the dealing with 
 purchase-moneys does not come within section 24, and 
 notice of such application need not be served upon all 
 the persons named in that section {Re the Duhe of 
 aeveland's Ilarte Estates, 1 Dr. & Sm. 481 ; 7 Jur., 
 N. S., 769). In this case service on the tenant for life 
 and remainderman was held sufficient. In Re the 
 Bolton Estates Act, 1863 (19 W. R. 429), service was 
 ordered on the diJicrcnt persons interested under the 
 settlement down to the first tenant-in-tail. In Re the 
 Sexton Barnes' Sctth-d Estates (10 W. R. 416), the 
 notices required by 19 & 20 Vict. c. 120, sec. 20 (see 
 ante, sec. 31), were dispensed with, the petitioner being 
 both tenant for life and heir-at-law of the last surviving 
 trustee. 
 
 This section is analogous to the 69th sec. of the Lands 
 Clauses Consolidation Act, 1845 iq.v.'), and the decisions 
 under it may be applied by analogy to eases under the 
 above section. The following have been held to be 
 proper modes of applyhig money paid into Court : — 
 • Enfranchisements of copyholds (Dickson v. Jaekson, 25_ 
 L. J. Ch. 588 ; Re Cheshunt College, 3 W. R. 638) ; pur- 
 chasing a lessee's interest {Ex parte the Corjwration of 
 London, 5 L. R. Eq. 418) ; repaying a tenant for life 
 moneys expended by him which arc a charge on the 
 inheritance (iic Lcigli's Estate, 6 L. R., C. A., 887) ; 
 buying up a lease of other land (Ex 2>arte the Bishop of
 
 44) SETTLED ESTATES ACT. /^ /^ /i-^^v^ 
 
 V^ i^c*/,^*^ London, 2 Dc G. F. & J. 14) ; or tlic ruversTDu in fee of 
 y ' leaseholds belonging to the same parties (i?6' Brasher'' s 
 
 f^^C^ 7'n«f.,nW.R.40G). 
 
 /^ /^ ^6i^/I^^ application of the principles of the Lands 
 
 / „ -, Clauses Consolidation Act to the Settled Estates Act in 
 
 ■y^^t^U-a. k-uff*^^^^ i^^^^cr of dealings with the purchase-money has 
 
 „ y / been extended by the introduction into this Act of the 
 
 ' 74th section of the Lands Clauses Consolidation Act 
 
 ^e*-i..^.au>. (see^,^,,^^ g^c. 37). 
 
 U<-4-^<j ^^<yft*cU" The proceeds of sale must be treated as realty, there 
 't>-t^^C«_:^/A. c being an equity in favour of the heir for reconversion 
 jT^^2J:*%^-rj^^^f^provided by the above and the two next succeeding 
 /-^lXX^^^ sections {Foster v. Foster, 1 Ch. D. 588 ; ^fUdniai/ v. 
 'itJ-a-^i^ olc^. Quicke, G Ch. D. 553). And see Kelland v. Telford (G 
 // /? y^ )^^' ^' ^^^)' ^■'lich was a decision under section CD of 
 /the Lands Clauses Consolidation Act. 
 
 Trustees 35. Thc application of the money in manner 
 
 inoneys^m aforesaid may, if the Court shall so direct, be 
 
 rertaiu cases made by the trustees (if any) without any appl 
 
 without 
 
 Implication cation to the Court, or otherwise upon an order 
 to Court. Qf i\^Q Coxirt iipon the petition of the person who 
 Avould be entitled to the possession of the receipt 
 of the rents and profits of the land if the 
 money had been invested in the purchase of 
 land. 
 
 -19 & 20 Vict. c. 120, sec. 24, re-enacted verbatim. 
 
 Upon a i^etition for sale the form of the order is to 
 carry out the contracts if the trustees can satisfy the 
 Court that they are beneficial, with a direction to apj^ly 
 the proceeds without any further application to the 
 Court {lie Peacock'' s Settled Estates, 12 Jur., N. S., 959). 
 
 Orders have been made for the payment of the pur- 
 chase-money to trustees to hold upon the trusts of the 
 settlement {Re Morgan s Settled Estates, 9 L. R. Eq. 
 587 ; Re Shaw's Settled Estates, 14 L. K. Eq. 9), or upon 
 their undertaking to apply it in payment of the cost of 
 erecting buildings on the settled estate {Ita Newman's 
 Settled Estates, 9 L. R., Ch. A., 681).
 
 INTERIM INVESTMENT. 4o 
 
 In other cases umler the last clause of this section the 
 person to make the application is identical with the 
 original petitioner. 
 
 Sec ///' Ilemslo/s Srfthd Estates (43 L. J. Ch. 72), 
 where the proceeds of a sale were ordered to be paid to 
 tnistccs, and Ite Boyd's Trusts (8 Ir. R. Eq. 70), where 
 powers of applying the moneys were vested in trustees. 
 The order made in the latter case is given in the Appen- 
 dix, 2fost. 
 
 36. Until the moiicj can be applied as afore- Until mnnpy 
 said, the same sliall be invested as the Court J',n",i't.;'i',u 
 shall direct in some or one of the investments in j^'^'y.^-^*'"'!' 
 which cash under the control of the Court is for iiemisto 
 the time being authorized to be invested, and the |;fj,\';'!;.^ '" 
 interest and dividends of such investments shall untitled, 
 be paid to the person who would have been en- 
 titled to the rents and profits of the lands if the 
 money had been invested in the purchase of 
 land. 
 
 This section re-enacts 19 & 20 Vict. c. 120, sec. 25, 
 but extends the latter, which restricted the investments 
 to exchequer bills and consols, so as to enable moneys 
 to be invested in any of the investments in which cash 
 under the control of tlie Court may be invested. 
 
 The General Order, 1st -February, 1801. made under 
 sec. 10 of Lord St. Leonards' Act, provides : 
 
 1. "Cash under the control of the Court may be 
 
 invested in Bank Stock, East India Stock, 
 Exchequer Bills, and 2J. \0s. per Cent. Annui- 
 ties ; and upon mortgage of freehold and copj-- 
 hold estates respectively in England and Wales, 
 as well as in Consolidated 3^. per Cent. Annui- 
 ties, and New 3Z. per Cent. Annuities. 
 
 2. " Every petition for the purpose of the conversion 
 
 of any U. per Cent. Bank Annuities into any 
 other of the stocks, funds, or securities herein- 
 before mentioned, shall be serve^l upon the
 
 46 
 
 SETTLED ESTATES ACT. 
 
 Court may 
 direct apiili- 
 cation of 
 money in 
 respect of 
 leases or 
 reversions 
 as may 
 appear just. 
 
 trustees (if any) of such Bank SI. per Cent. 
 Annuities, and upon such other persons, if 
 any, as the Court shall think fit," 
 
 Upon the petition of the tenant for life, "vvith the 
 consent of the tenant in tail, piirchase-money was 
 allowed to be invested on mortgage {Wall v. Hall, 8 
 L. T., N. S., 44). 
 
 The practice of the Paymaster-General's office is that 
 with the order directing the investment, the solicitor, if 
 he desires an investment, should leave a written request 
 to invefet (J?e WoodeocJi's Settled Estate, 13 L. R. Eq. 
 183). 
 
 Where the original order directing payment of the 
 income on a fund in Court to a tenant for life was lost, 
 the Record Office was directed to issue a new office 
 copy of the order (Scott v. Ifeisch, 33 L. T. 498). 
 
 37. Where any purchase-money paid into 
 ■ Court under the provisions of this Act shall 
 have been paid in respect of any lease for a life 
 or lives or years, or for a life or lives and years, 
 or any estate in lands less than the whole fee 
 simple thereof, or of any reversion dependent on 
 any such lease or estate, it shall be lawful for 
 the Court on the petition of any party interested 
 in such money to order that the same shall be 
 laid out, invested, accumulated, and paid in such 
 manner as the said Court may consider will give 
 to the parties interested in such money the same 
 benefit therefrom as they might lawfully have 
 had from the lease, estate, or reversion in respect 
 of which such money shall have been paid, or as 
 near thereto as may be. 
 
 This section is new, and follows with merely verbal 
 alterations, the 74th section of the Lands Clauses Con- 
 solidation Act, 1845. The effect of the amendment is to 
 enable the Court at its discretion to apply to matters 
 arising out of this Act the principles of apportionment,
 
 EXERCISE OF TOWERS. 47 
 
 •which obtain under the Lands Clauses Consolidation 
 Act, whether as between tenants for life and remamder- 
 men, or as between termors and reversioners, or as 
 between lessors and lessees. 
 
 38. The Coiu't shall be at liberty to exercise ^""^d^^^ 
 any of the powei's couforrcd on it by this Act, iiowcrs 
 ■whether the Court shall have already exercised jjurmay not 
 any of the powers conferred by this Act in respect cxenise 
 of the same property or not ; but no such powers exj.iLssiy 
 shall be exercised if an express declaration that "^■ii''ti^'-'^- 
 they shall not be exercised is contained in the 
 settlement : Provided always, that the circum- 
 stance of the settlement containing powers to 
 effect similar purposes shall not preclude the 
 Court from exercising any of the powers con- 
 ferred by this Act, if it shall think that the 
 powers contained in the settlement ought to be 
 extended. 
 
 Sec. 20 of 19 &; 20 Vict. c. 120, of which the above is 
 otherwise a re-enactment, excluded the exercise of the 
 powers conferred by the Act, where a '• manifest inten- 
 tion " agamst their exercise might be " reasonably in- 
 ferred " from the settlement, " or from extrinsic circum- 
 stances or evidence." Under the section as it now stands 
 an " express declaration " can alone be looked to. 
 
 In Be Thom2)son''s Settled Estates — Green v. Thomj)- 
 son (Johns. 418, 423 ; 5 Jur., N. S., 1343), where the 
 original settlement gave to the trustees a power of sale, 
 and four undivided fifths of the settled estate had been 
 resettled with powers of sale vested in the trustees, it 
 was argued that the Court had no jurisdiction under the 
 Act where there were subsisting powers under which 
 the property could be sold. But Wood, V.-C, held that 
 inasmuch as a sale under the Act might, in many cases, 
 be preferable to a sale under the power contained in a 
 settlement, and as the insertion into the settlement of a 
 power is not indicative of an intention that the powers
 
 48 SETTLED ESTATES ACT. 
 
 conferred by the Act shall not ])e exercised, the Courtis 
 at liberty to direct a sale under the Act, even when the 
 powers of the settlement are sufficient for the purpose 
 without any extension. 
 
 In Grey v. Jenkins (2i; Beav. 351), the trustees of the 
 settlement had a general power of sale, and in Re Mor- 
 gan's Settled Estates (9 L. R. Eq. 587), where the trus- 
 tees had a power of sale upon the death of the tenant 
 for life, the power was accelerated so as to be imme- 
 diately exercisable. 
 
 Where a testator by his will gave to the tenant for 
 life of his real estate a power to grant building leases, 
 but only with the consent in writing of his (the tes- 
 tator's) widow, the Court refused to extend this power 
 by dispensing with the required consent (^Re Hurleys 
 Settled EstaU^i, 2 H. & M. 190). 
 
 In Re WllUams' Settled Estates (W. N". 1878, p. 189), 
 the testator had given a power of sale to trustees to be 
 exercised on the death of the survivor of two persons, 
 with a direction that the power should not be exercised 
 before that event. This was held not to amount to 
 an " express declaration " that the powers of the Act 
 should not be exercised, and the sale was ordered to 
 be effected. 
 
 A power contained in the settlement, Init not imme- 
 diately exercisable, may be accelerated {Re Hemsleifs 
 Settled Estates, 43 L. J. Ch. 72). 
 
 Court not to 39. Nothing in this Act shall be Construed to 
 any^'acl^'^ empower the Court to authorize any lease, sale, 
 which could or othcr act beyond the extent to which in the 
 "et-n'autho- opinion of the Court the same might have been 
 rized by the authorized ill and by the settlement by the settlor 
 
 settlor. '' " 
 
 or settlors. 
 
 Sec. 27 of 19 & 20 Vict. c. 120, re-enacted verbatim. 
 
 Acts of tiie 40. After the completion of any lea^ie or sale, 
 S^^ed or other act under the authority of the Court,
 
 IMDEFEASIHLE TITLE. 4-:) 
 
 and purporting to be iti ])ur,suauce of this Act, pursiuuKc 
 the same shall not be hiviilidated on the ground ',;f,,"i,'^'^''' 
 that the Court was not hereby empowered to invaii'iate- 1. 
 authorize the same, except that no such lease, 
 sale, or other act shall have any effect against , 
 
 auch person as herein mentioned whose concur- J 
 rence or consent ought to be obtained, or who 
 ought to be served with notice, or in respect of 
 ■whom an order dispensing with such service 
 ought to be obtained in the case where such con- 
 currence or consent has not been obtained and 
 such service has uot been made or dispensed 
 with. 
 
 This section extends sec. 28 of 19 & 20 Vict. c. 120, so 
 as to include cases where service has not been made or 
 dispensed with. 
 
 Conveyances under the Act when completed will give 
 an indefeasible title, notwithstanding any excess of juris- 
 diction (^Re Thompson's Settled Estates — Green \. 
 Tliompson, Johns., 418 ; 5 Jur., N. S., l.S-13). This sec- 
 tion puts a sale under the Settled Estates Act in the 
 same position as that in which sales made under the 
 ordinary authority of the Court have been held to be 
 {Beioley v. Carter, 4 L. R. C. A. 238). If all persons in- 
 terested are before the Court, mere irregularity will 
 not avail to invalidate the order, but if the proper per- 
 sons are not present the order may be objected to (^Lloyd 
 V. Johnes, 9 Ves. 37). The purchaser will not lose the 
 benefit of his purchase by reason of an in'egularity in 
 the proceedings : e.g., the omission by the Court to take 
 accounts or direct inquiries which ought to have been 
 taken and directed — or again, a direction by the Court 
 to pay the purcha.se money to a wrong person (Curtis v. 
 Price, 12 Ves. 89) ; or where some advantage has been 
 taken of the parties to the cause (Boweii v. Evans, 1 J. 
 & L. 178, 258) ; or on the ground of want of jurisdic- 
 tion except as against a person whose concurrence 
 
 D
 
 50 SETTLED ESTATES ACT. 
 
 ought to Lave been and was not obtained {Re Shep- 
 hmrd's Settled Estates, 8 L. R. Eq. 573). 
 
 It is competent to a purchaser to object at any time 
 before completion, that the order for sale was in excess 
 of the jurisdiction ( Green v. Tliompson, nli supra), such 
 objection being raised by summons (^Re SJiepheard' s 
 Settled Estates). 
 
 Costs. 41. It shall be lawful for the Court, if it shall 
 
 think fit, to order that all or any costs or ex- 
 penses of all or any parties of and incident to 
 any application under this Act shall be a charge 
 on the hereditaments which are the subject of 
 the application, or on any other hereditaments 
 included in the same settlement and subject to 
 the same limitations ; and the Court may also 
 direct that such costs and expenses shall be 
 raised by sale or mortgage of a sufficient part of 
 such hereditaments, or out of the rents or 
 profits thereof, such costs and expenses to be 
 taxed as the Court shall direct. 
 
 A re-enactment of 19 & 20 Vict. c. 120, sec. 29. 
 
 The scale of fees and allowances to be taken by soli- 
 citors and officers of the Court, are regulated by Orders 
 20, 22, 29, & 30 it^ost), which incorporate the 8th, 9th, 
 12th, & 13th Rules of Order V. & Order VI. of the Ad- 
 ditional Rules of Court under the Supreme Court of 
 Judicature Act, 1875, dated 12th of August, 1875, and 
 the orders made under the same Act, dated the 28th 
 October, 1875. 
 
 Trustees of a will will be allowed their costs of 
 appearing upon a petition {Re the D. of Cleveland's 
 Uarte Estates, 2 L. T., N. S., 78). 
 
 In Re Ilurle's Settled Estates (2 H. & M. 204), the 
 order contained a declaration that the costs and ex- 
 penses of all parties as between solicitor and client, of 
 so much of the petition as was not dismissed, including 
 the costs of the trustees of so much of the petition as
 
 COSTS. 51 
 
 was dismissctl, ought to st.ind as a charge on the devised 
 estate. lu 7^6- Robert TumtalVs Will (U L. T., N. S., 
 352), the costs were ordered to be raised by way of 
 mortgage on the settled estate, the name of the person 
 advancing the money necessary for the payment of costs 
 being inserted in the order so as to save the expense of 
 a mortgage deed. The petition in the former of these 
 cases was for the dedication of part of the settled estate 
 in the making of roads ; in the latter case for the au- 
 thorization of an agreement for a particular lease. 
 
 Where a general power of granting mining leases had 
 been by order vested in trustees, the costs of a motion 
 to amend the order by striking out the condition that 
 the leases should be settled by the judge were directed to 
 be paid out of the one-fourth of the mining rents held 
 in trust for the inheritance {Lovat v. Ditltc of Leeds, 11 
 L. T., N. S., 442). 
 
 The costs of tin application necessitated by a de- 
 ficiency in the instrument creating the settlement which 
 js for the beuetit of all parties : e.g., a petition for general 
 powers of leasing, must be paid out of corpus ( Wheeler 
 V. Tootal, 16 W. R. 273), but where the application is 
 for the benefit solely of the tenant for life, e.g., a peti- 
 tion for payment of income, the costs will be paid out of 
 income (iJe Marner's Trusts, 3 L. R. Eq. 432). If, how- 
 ever, the petition asks as well for the appointment of 
 new trustees as for the payment of income, the costs of 
 all parties as between solicitor and client will come out 
 of corpus {lie Parhys Trusts, 29 L. T. 72). 
 
 As to costs upon a petition for payment out of Court, 
 see In re Pattisoii's JJeviml Estates (W. N. 1870, p. 290). 
 
 As to costs in proceedings for protection, see the 
 special provisions of section 17. 
 
 42. General rules and orders of Court for cany- Rules ana 
 ing into effect the purposes of this Act, and for 
 regulating the times and form and mode of pro- 
 cedure, and generally the practice of the Court 
 in respect of the matters to which this Act re- 
 
 D 2
 
 52 SETTLED ESTATES ACT. 
 
 latcs, and for regulating the fees and allowances 
 to all officers and solicitors of the Court in 
 respect to such matters, shall be made so far as 
 relates to proceedings in England by any three 
 or more of the following persons, of whom the 
 Lord Chancellor shall be one : namely, the Lord 
 Chancellor, the Lord Chief Justice of England, 
 the Master of the llolls, the Lord Chief Justice 
 of the Common Pleas, the Lord Chief Baron of 
 the Exchequer, and four other judges of the 
 Supreme Court of Judicature to be from time to, 
 time appointed for the purpose by the Lord Chan- 
 cellor in writing under his" hand, such appoint- 
 ment to continue for such time as shall be specified 
 therein, and so far as relates to proceedings in 
 Ireland by any three or more of the following 
 persons, of whom the Lord Chancellor of Ireland 
 shall be one : namely, the Lord Chancellor of 
 Ireland, the Lord Chief Justice of Ireland, the 
 Master of the Rolls in Ireland, the Lord Chief 
 Justice of the Common Pleas, and the Lord Chief 
 Baron, and four other judges of the superior 
 Courts in Ireland to be from time to time ap- 
 pointed for the purpose by the Loi'd Chancellor of 
 Ireland in writing under his hand, such appoint- 
 ment to continue for such time as shall be speci- 
 fied therein, and such rules and orders may 
 from time to time be rescinded or altered by the 
 like authorities respectively, and all such rules 
 and orders shall take effect as general orders of 
 the Court. 
 
 19 & 20 Vict. c. 120, sec. 30. 
 
 In England the Lord Chancellor appointed under 
 this section the three Vice-Chancellors and Mr. Justice 
 Fry for the purpose of making rules and orders, such 
 appointment to continue until the Slst of December, 
 1879. The Lord Chancellor, the Master of the Rolls, 
 and the four judges so appointed, drew up orders dated
 
 RULES AND ORDERS. 53 
 
 December 1878, and to be known as the " Settled Estates 
 Act Orders, 1878 " (Order 34), wliich came into opera- 
 tion on the 7th January, 1879. These will be found in 
 the Appendix in the full text, and their substance has 
 been analyzed in the Summary of the Practice. 
 
 43. All general rules and orders made as afore- nuicsaiKi 
 
 1 Tr i» T1 1 ■ orders ID iiu 
 
 said shall be laid before each House ot I'arlia- iai,i b.^f.>re 
 ment withiu forty days after the making thereof PariiaiiRi.t. 
 if Parliament is then sitting, or if not, within 
 forty days after the commencement of the then 
 next ensuing session, and if an address is pre- 
 sented to Her Majesty by cither House of Parlia- 
 ment within the next subsequent forty days on 
 which the said house shall have sat, praying that 
 any such rule or order may be annulled, Her 
 Majesty may thereupon by Order in Council 
 annul the same, and the rule or order so annulled 
 shall thenceforth become void and of no effect, 
 but without prejudice to the validity of any pro- 
 ceedings which may in the meantime have been 
 taken under the same. 
 
 19 & 20 Vict. c. 120, sec. 31. 
 
 44. The powers vested in the High Court of C;;^curTcnt 
 Justice by this Act may, so far as relates to of the court 
 estates within the County Palatine of Lancaster, oJ^e*"'*^"^ 
 be exercised also by the Court of Chancery of the county 
 said County Palatine ; and general rules and Lancaster. 
 orders of Court for the 2>nrposes aforesaid, so far 
 as relates to proceedings in the said Court of the 
 said County Palatine, shall be made by the Chan- 
 cellor of the Duchy and County Palatine of Lan- 
 caster, with the advice and consent of any one 
 or more of the persons authorized under this Act 
 to concur in the making of general rides and 
 orders relating to proceedings in England, and 
 also with the advice and consent of the Vice- 
 Chancellor of the said County Palatine.
 
 54 
 
 SETTLED ESTATES ACT. 
 
 Application 45. It shall and may be lawful for any person 
 saiiJ in^ire- ^^^ uucler the provisions of this Act may make 
 land may an application to the Court of Chancery in Ire- 
 Landed^ es- land for the lease or sale of a settled estate, in- 
 tates Court, gtead of making such application to the said 
 Court of Chancery in Ireland to apply to the 
 Landed Estates Court, Ireland, for the purpose 
 of having the lease or sale of such settled estate 
 under the said last-mentioned Court ; and there- 
 upon it shall be lawful for the said Landed Estates 
 Court, Ireland, to exercise all the powers con- 
 ferred upon the Court of Chancery in Ireland in 
 relation to leases or sales of such nature under 
 the provisions of this Act, save that the judge in 
 the case of a sale shall himself execute the con- 
 veyance to the pvirchaser under such sale, and 
 save that such conveyance shall have the like 
 operation and effect, and confer such indefeasible 
 title to the purchaser as if such sale had been 
 made and such conveyance had been executed 
 upon an application for the sale of an incumbered 
 estate under the Act of the twenty-first and 
 twenty-second years of her Majesty, chapter 
 seventy-two : Provided always, that the Landed 
 Estates Court, Ireland, shall make such investi- 
 gation of the title and circumstances of the said 
 estates as shall appear expedient, and also in cases 
 of sales as in other cases preliminaiy to sales 
 conducted in the said Landed Estates Court, 
 Ireland : Provided also, that every decision and 
 order in the course of such proceedings shall be 
 subject to appeal to the Court of Appeal iu 
 Chancery as in other cases under the said Act. 
 
 The Landed Estates Court is now merged in the 
 Chancery Division of the High Court of Justice in 
 Ireland. See the note to section 3, ante. 
 
 Tenants for 4(3. Jt shall be lawful for any person entitled 
 may grant to the possession or to the receipt of the rents
 
 LELVSES BY TENANTS FOR LIFE. 55 
 
 and profits of any settled estates for an estate leases for 
 for any life, or fur a term of years determinable ^i Jea". 
 with any life or lives, or for any gi-eater estate, 
 either in his own right or in right of his wife, 
 unless the settlement shall contain an express 
 declaration that it shall not be lawful for such 
 person to make such demise ; and also for any 
 person entitled to the possession or to the receipt 
 of the rents and profits of any unsettled estates 
 as tenant by the coiu-tesy, or in dower, or in right 
 of a wife who is seised in foe, without any appli- 
 cation to the Court, to demise the same or any 
 part thereof, except the principal mansion house 
 and the demesnes thereof, and other lands usually 
 occupied therewith, from time to time, for any 
 term not exceeding twenty-one years so far as 
 relates to estates in England, and thii'ty-five 
 years so far as relates to estates in Ireland, to 
 take effect in possession at or within one year 
 next after the making thereof; provided that 
 every such demise be made by deed, and the best 
 rent that can reasonably be obtained be thereby 
 reserved, without any fine or other benefit in the 
 nature of a fine, which rent shall be incident to 
 the immediate reversion ; and provided that such 
 demise be not made without impeachment of 
 waste, and do contain a covenant for payment of 
 the rent, and such other usual and proper cove- 
 nants as the lessor shall think fit, and also a con- 
 dition of re-entry on nonpayment of the rent for 
 a period of twenty-eight days after it becomes 
 due, or for some less period to be specified in that 
 behalf ; and provided a counterpart of every deed 
 of lease be executed by the lessee. 
 
 This section corresponds to sec. 32 of 19 *: 20 Yict. 
 
 c. 120, but differs from it in the following particulars :— 
 
 (1.) The lease may be made by any person entitled 
 
 "for an estate for ani/ life, or for a term of
 
 53 SETTLED ESTATES ACT. 
 
 years, determinable with any life or lives/' 
 The original section applied only to persons- 
 entitle.! " for an estate for life, or for a term, 
 of years determinable with Ms life." 
 (2.) Leases of 35 years are authorized of estates in; 
 
 Ireland. 
 (:^.) The lease may be made to take effect " within 
 one year after the making thereof," following" 
 the form adopted in the Act for the Abolitioni 
 of Fines and Recoveries. 
 (4.) The condition of re-entry must be for non-pay- 
 ment of rent for a period of 28 days " or for 
 some less period." 
 (■5.) A condition of re-entry on non-observance of 
 any of the covenants and conditions contained 
 in the lease, is no longer requisite. 
 The section only applies to persons taking under a settle- 
 ment " «m<fc after the 1st of November, 1856 " (sec. 57), 
 A person is to be deemed " entitled to the possession or 
 to the receipt of rents and profits," notwithstanding any 
 charge or incumbrance on the estate {sG&post, sec. 54), 
 A tenant in tail after possibility of issue extinct is to 
 be deemed a tenant for life (see ante, sec. 2). 
 
 Compare the provisions of the Act for the Abolition 
 of Fines and Eecoveries (.3 & 4 Will. IV. c. 74) as to the 
 powers of disposition given to a tenant in tail. A lease 
 granted •' for any term not exceeding 21 years, to com- 
 mence from the date of such lease, or from any time not 
 exceeding 12 calendar months from the date of such 
 lease, where a rent shall be thereby reserved which at 
 the time of granting such lease shall be a rack-rent, or 
 not less than five-sixth parts of a rack-rent," was ex- 
 cepted from section 41, which provides for the enrolment 
 of assurances. 
 
 The legislature did not intend the provisions of this 
 section to apply to a case where the tenant for life was 
 not the manager of the estate. Where, therefore, 
 the management of the estate is in trustees who are 
 clearly by the express terms of the will the persons to
 
 LEASES BV TENANTS FOR LIFE. 57 
 
 receive the rents, to pay the charges of insurances, 
 repairs, collections, and other necessary outlay ; the 
 tenant for life in such a case is not a person " entitled 
 to possession " within the meaning of the section 
 {Taylur v. Taylor, 20 L. E. Eq. 302, 303). 
 
 The time of payment is not fixed by this section (as 
 it is by sec. 4 in the case of leases by authority of the 
 Court). In KidUtnd v. Dof d. Wythe and Others (12 
 M. & W. 35(5 ; 10 CI. i: F. 41!)), where the power was 
 vciy analogous in form to the wording of this section, a 
 demise for 21 years at a yearly rent payable half-yearly 
 by equal portions, except the last half-year's rent, which 
 was reserved and agreed to be paid on a day prior to 
 the expiration of the term, was held to be a good exe- 
 cution of the power, notwithstanding the exception 
 mentioned. " It is clear that under and consistently 
 with this power, which says nothing as to the time 
 of payment, the yearly rent might have been reserved 
 and made payable j-early, half-yearly, or quarterly, and 
 . . . . it follows as a consequence that a yearly rent 
 means a rent payable within each year, not payable 
 merely at the end of the year " (per L. C, at p. 467). It 
 is noticeable that there is an important and assumedly de- 
 signed distinction between the wording of this section 
 and that of sec. 4, which runs thus : " On every such 
 lease shall be reserved the best rent or reservation in the 
 nature of rent, either iiniform or not, that can be 
 reasonably obtained to he made pay ahle half yearly or 
 oftener, without taking any fine or other benefit in the 
 nature of a fine." The difEerence between the two 
 sections would seem to show that it was the intention 
 of the legislature, while restricting the powers of a 
 tenant for life as to the nature of the rent to be reserved, 
 to give him greater discretion as to the mere form of the 
 lease and the manner and times of payment. 
 
 The words " to be incident to the immediate rever- 
 sion " occurred in the power discuss'id in Yelloivby v. 
 Gower (11 Exch. 274), and were held to be not complied 
 ■with in the reservation of tlic rent to the lessor, "his 
 
 D 3
 
 58 SETTLED ESTATES ACT, 
 
 heirs and assigns." But if the leasing power is recited 
 in the lease, the lease will, on the face of it, show that it 
 is meant to be according to the power, and to make it so, 
 the reservation of the rent to the lessor may be rejected 
 as surplusage, the reddendum during the term being 
 sufficient to make the rent payable to the parties en- 
 titled to the reversion {Grcenatvay v. Hart, 14 C. B. 
 340, 354). The safest way is to reserve the rent generally 
 during the term -without saying to whom ( Woodfall, 
 Landlord and Tenant, p. 345, 9th ed. See also David- 
 son's Precedents, vol. 3, part 1, p. 500, note (i) ). 
 
 The interpretation of " best rent''' is dependent upon 
 all the facts and attendant circumstances. " Where the 
 transaction is fair and no fine or other collateral conside- 
 ration is taken by the tenant for life leasing under the 
 power, and no injurious partiality shown by him in 
 favour of the particular lessee, there ought to be some- 
 thing extravagantly wrong in the bargain in order to 
 set it aside on this ground, for ia the choice of a tenant 
 there are many things to be regarded besides the mere 
 amount of rent offered " {Doe v. Madcliffe, 10 East, 
 278). " There is but one criterion which our Courts 
 always attend to as the leading criterion in discussing 
 the question whether the best rent has been got or not, 
 that is, whether the man who makes the lease has got as 
 much for others as he had got for himself, for if he has 
 got more for himself than for others, that is decisive 
 evidence against him. The Court must see that there is 
 reasonable care and diligence exerted to get such rent 
 as, care and diligence being exerted, circumstances mark 
 out as the rent likely to be obtained" (per Lord Eldon 
 in the Qvccnsltiry Case ; Sugden on Powers, p. 785). 
 
 As to leasing powers generally, see Davidson's 
 Precedents, vol. iii., part 1, Settlements, pages 479-543. 
 
 The above section, '"though giving a sufficient power 
 to tenants for life to grant agricultural and occupation 
 leases, has not superseded the practice of gi^ving an 
 express power to tenants for life to grant such leases ; 
 for the Act does not provide for leases being granted
 
 LEASES BY TENANTS FOR LIFE. 59 
 
 during the minority of the tenant in possession " (^ibid. 
 p. 535). 
 
 47. Every demise authorized by the last pre- ^If,',"^*^,.^ 
 ceding section shall bo valid against the person i.ases shuii 
 granting the same, and all other persons entitled ^'-' ^''''^"^• 
 to estates subsequent to the estate of such person 
 
 under or by virtue of the same settlement if the 
 estates be settled, and in the case of luiscttlcd 
 estates against the wife of any husband granting 
 such demise of estates to which he is entitled in 
 right of such wife, and against all persons claim- 
 ing through or under the wife or husband (as the 
 case may be) of the person granting the same. 
 
 This section consolidates 19 Sc 20 Vict. c. 120, sec. 33, 
 with 21^2 Vict, c. 77, sec. 8. 
 
 The i^^rdocs not affect the rale that a parol agree- 
 ment to grant a lease entered into by a tenant for life 
 with leasing powers, coupled with part performance by 
 the lessee during the lifetime of the tenant for life, does 
 not bind the remainderman who did not know of the 
 agreement or acquiesce in the part performance {Uojye 
 V. Lord Cloncumj, 8 Ir. E. Eq. 555). 
 
 48. The execution of any lease by the lessor ^^'^^^^^^"^^ ° j 
 or lessors shall be deemed sufficient evidence that counterpart 
 a countei'part of such lease has been duly exe- l^^j^e^^' 
 cuted by the lessee as required by this Act. 
 
 Sec. 34 of 19 & 20 Vict, c. 120, re-enacted verbatim. 
 
 Execution by the " lessor " must include execution by 
 the person appointed under section 12 to execute as 
 lessor, 
 
 49. All powers given by this Act, and all ap- provision as 
 plications to the Court under this Act, and lunatks^ &c. 
 consents to and notifications respecting such 
 applications, may be executed, made, or given by,
 
 00 SETTLED ESTATES ACT. 
 
 and all notices under this Act may bo given to 
 guavdians on l)ehalf of inftxnts, and by or to com- 
 mittees on behalf of lunatics, and by or to trustees 
 or assignees of tiie property of bankrupts, debtors 
 in liquidation, or insolvents : Provided neverthe- 
 less, that in the cases of infant or lunatic tenants 
 in tail no application to the Court or consent to 
 or notification respecting any application maybe 
 made or given by any guardian or committee 
 without the special direction of the Court. 
 
 This section alters the wording of 19 & 20 Vict. c. 
 120, sec. 36, to make it conform to the present law of 
 bankruptcy, and extends the proviso to notifications as 
 well as to applications and consents. 
 
 As to guardians of infants, see Orders 4, 5, 8, 10. 
 
 As to committees of lunatics, see Order 4. 
 
 As to lunatic or infant tenants in tail, see Orders 6, 
 7,9,11,12. 
 
 And as to the practice generally where persons under 
 disability are interested in property to be dealt with 
 under the Act, see the Summary of the Practice, post. 
 
 The concurrence of the father of an infant is not suffi- 
 cient, even ihowgh. 2}rlma facie he hasno adverse interest 
 (i?e Caddlclts Settled Estates, 7 W. E. 334), nor is the 
 concurrence of the infant's testamentary guardian suffi- 
 cient (Be liohert James, deceased, 5 L. R. Eq. 334, where, 
 however. Wood, V.-C, rested his decision rather on the 
 Consolidated Orders than on the words of the section). 
 And see the remarks of Baggallay, L. J., in Bs The 
 Marqvis of tSaJ'ishunj, 2 Ch. D. 39, upon this section and 
 the practice under it. But the natural, testamentary or 
 judicially appointed guardian of the infant must be 
 served with notice of the application for the appoint- 
 ment of a guardian under the Act (Order 8). 
 
 The Court has no general jurisdiction to give consent. 
 The power is expressly confined by the statute to special 
 cases, and the Court has no power to appoint a guardian 
 to consent to an application on behalf of a person of un-
 
 INFANTS — LT'NATICS — MARRIED WOMEN. CI 
 
 sound mind, not 8o found by iiuiuisition {Re dough's 
 Estate, 15 L. H. Eq. 284, overruling lie Vrnncr's StttU^d 
 Estates, 6 L. R. Eq. 240). The consent can only be 
 given by the ci^mmittce duly appointed of a lunatic, and 
 the committee must obtain the authority of the juris- 
 «liction in lunacy before doing anything affecting the 
 jjroperty of the lunatic (He Woodcock's Trusts, 3 L. R. C. 
 A, 229). The procedure is for the committee to apply 
 for a special report by the Master in Lunacy to the 
 Ix)rds Justices approving of the application, and the 
 indorsement of the Lords Justices will be the authority 
 to the committee to consent to the application in 
 Chancery (S.c). And see Ite Warde (1 H. & T. 202). 
 This practice has now been adopted by the Orders under 
 the Act(0/Y7^'/-ll). 
 
 50. Where a married woman shall ajiply to a married 
 the Court, or consent to an application to the piyhrffto'' 
 Court, under this Act, she shall first be examined tJie Court 
 
 f 1 111 1 ■ 1 it"'' ''"IlSfUt- 
 
 apart from her husliaiul tonchnig her knowleage ingtoi"- 
 of the nature and cticct of the application, and it apart'frow 
 shall be ascertained that she freely desires toiierims- 
 make or consent to such application ; and such ^_ 
 examination shall be made whether the heredita-'^'^'*'^^'' 
 
 itit^U 
 
 ments which are the subject of the application 
 shall be settled in trust for the separate use of •^<f*~-— ^^♦'^ ■^ 
 such married woman independently of her hus- ''*^^*-"-^'^ ^ ^ 
 band or not ; and no clause or provision in any 
 settlement restraining anticipation shall prevent J 'f / i 
 the Court from exercising, if it shall think fit, ' '^ >^^Cco ■ 
 any of the powers given by this Act, and no such ^^^^^^^^ liy^*^6^ 
 exercise shall occasion any forfeiture, anything in ^'<^, f'?) z^f, 
 the settlement contained to the contrary notwith- 
 standing. 
 
 A re-enactment of 19 & 20 Vict. c. 120, sec. 37. 
 The practice under this section is now regulated by 
 Orders 13 & 14. 
 The 13th Order settles the disputed point as to the
 
 (32 SETTLED ESTATES ACT. 
 
 time when the examination should take place (^Re 
 Fosters Settled Estates, 1 De G. & J. 386 ; Re Manson's 
 Settled Estates, 21 Beav. 220 ; Re Packer, 39 L. J. Ch. 
 220), and orders the examination to be taken at any 
 time after the petition is presented and answered. 
 
 Where the taking of the consent of a married woman 
 had been omitted 2>cr inouriam until after the order on 
 the petition had been made, the Court allowed this to 
 be done subsequently, and ordered that after her con- 
 sent had been obtained a fresh application should be 
 made to have the order post-dated {Re Turbutt's Settled 
 Estates, 8 L. T., N. S., 657). 
 
 The examination is necessary not only where the 
 property is settled on the married woman, but also 
 where she is entitled to an interest, e.g., a jointure in 
 the settled property {S.c., 2 N. E. 487). And for the 
 purposes of the Act a married woman who is a minor is 
 in the same position as a married woman of full age, 
 and her consent must be taken l^y examination in the 
 same way as if she was of full age {Re Broadmood's 
 Settled Estates, 7 L. E., C. A,, 323). 
 
 The examination of married women has been dis- 
 pensed with in the followuig cases :— Upon a petition 
 for the authorization of a lease where the married 
 woman was entitled to an interest in a fourth part of a 
 sum charged upon the settled estates upon a trust for 
 raising portions, which fom-th had been resettled upon 
 her marriage and vested in trustees, her examination 
 was dispensed with on the ground that her interest was 
 remote and sufficiently represented by the trustees of 
 her marriage settlement {Re Lord de Tahley's Settled 
 Estates, 11 W. E. 936) ; upon a petition for a sale where 
 the married woman was abroad, but she and her hus- 
 band and the trustees had Ijeen served {Re Tihhetts 
 Settled Estates, 17 W. E. 394) ; upon a petition for 
 general powers of leasing where the married woman 
 was resident in the United States of America, although 
 she had a life interest together with a possible absolute 
 interest in the whole property {Re Thome's Settled
 
 MARRIED WOMEN. 63 
 
 Estates, 20 W. R. 587) ; also where the married woman 
 was resident in New Zealand, and her examination 
 would cause great delay, the particular lease sought to 
 be sanctioned being clearly for the benefit of all parties 
 {lie IlaUiday's Si-tthd Kstatcs, 12 L. R. Eq. 199) ; also 
 where the maiTicd woman was only contingently en- 
 titled to rent-charges or portions out of the estates (7?/? 
 Ikrl of Kilmorci/s Settled Estates, 26 W. R. 54). The 
 giving of directions in chambers for the insertion of 
 advertisements is a sufficient judicial proceeding to 
 enable the Court to dispense with the examination of a 
 married woman who has been man'ied since the presen- 
 tation of the petition {Re Marshall's Settled Estates, 15 
 L. R. Eq. 66). 
 
 An affidavit of no settlement is not necessary in the 
 case of a married woman interested in an application 
 under the Act {Re Standish's Settled Estates, 24 W. 
 R. 8). 
 
 51. The examination of siicli married woman Kxamina- 
 wheu resident within the iurisdiction of the ^J'^V^'"'^" 
 
 i-1 ii 1-1 1 T- • 1-11 "'^•1 woman 
 
 Court to whicli such application is made, shall iiow to be 
 be made either by the Court or by some solicitor r'esilii,rg'^" 
 duly appointed by the Court for that purpose, ^^'tiii" the 
 who shall certify under his hand that he has o'f'tiieCom't, 
 examined her apart from her husband and is ^^"^1.^ resid 
 satisfied that she is aware of the nature and effect ing without 
 of the intended application, and that she freely aktlou."^" 
 desires to make or consent to the same. And 
 when the man-ied woman is resident out of the 
 jurisdiction of the Court to which such ai:»plica- 
 tion is made, her examination may be made by 
 any person appointed for that purpose by the 
 Court, whether he is or is not a solicitor of the 
 Court, and such person shall certify under his 
 hand to the effect hereinbefore provided in 
 respect of the examination of a married woman 
 resident within the jurisdiction. And the ap- 
 pointment of any such person not being a solicitor
 
 C4. SETTLED ESTATES ACT. 
 
 shall afford conclusive evidence that the married 
 woman was at the time of such examination 
 resident out of the jurisdiction of the Court. 
 
 This section consolidates 19 & 20 Vict. c. 120, sec. 38, 
 with 21 & 22 Vict. c. 77, sec. G. 
 
 See Order 1-1, and the Summary of the Practice, ^^a?f. 
 
 The solicitor appointed to take the consent should be 
 an independent solicitor {Re Manson's Settled Estates, 
 21 Beav. 220), and not the solicitor acting in the peti- 
 tion {Re Brealetfs Settled Estates, 29 L. T. Ch. 208), 
 nor the solicitor acting for the husband {Re Koyes, (> 
 W, R. 7), nor the solicitor acting for any party whose 
 concurrence or consent to the application is required 
 (see Form 7 appended to the Orders under the Act). 
 
 The fact of the signatures of the commissioner and of 
 the married woman appended to her separate examina- 
 tion being attested by the husband's solicitor is not a 
 valid objection {Re Lcivis, 21 W. R. 103 ; but see contra, 
 Re Bendyshe, 3 Jur., N. S., 727 ; 5 W. R. 816). 
 
 In Re Jolmson's Settled Estates (W. N., 1869, p. 87), 
 the examination of a married woman, resident at Bou- 
 logne, was ordered to be taken by the British Consul at 
 that town. 
 
 In Re Taylor's Settled Estates (14 L. R. Eq. 567), and 
 Re Packer (39 L. J. Ch. 220), the examination was taken 
 in Court, 
 
 Astoapi.ii- 52. Subject to such examination as aforesaid, 
 ('■onseiit'o!°' married women may make or consent to any 
 luarrird applications, whether they be of full age or 
 
 wnmcii, . •"■/f ' -^ O 
 
 wlieth.r of lUiantS. 
 
 full a^t' (jr 
 
 underage. ^^^^ ^^ ^^ ^^ ^ ^q Vict. c. 120, re-enactcd verbatim. 
 A married woman, who is a minor, is therefore sub- 
 ject to examination just as if she were of full age {Re 
 Broadwood's Settled Estates, 7 L. R. C. A. 323). 
 
 NoobiiLra- 53. NothiufT in this Act shall be construed to
 
 EXCEPTION AND SAVING CLAUSE. 65 
 
 create any obligation on any person to make or tion to make 
 consent to any application to the Court or to [^ 11^^, 
 exercise any power. tion, &i-. 
 
 19 & 20 Vict. c. 120, sec. 40, re-enacted. 
 See lie Buries Setikd Estates (2 H. & M. 19C ; 11 
 Jur., N. S., 78). 
 
 54. For the purposes of this Act, a person Tenants for 
 shall be deemed to be entitled to the possession ^^fl^f^^i;^^ 
 or to the receipt of the rents and profits of eiititied not- 
 estatcs, although his estate maybe charged or^ginc^nn- 
 incumhcrcd either by himself or by the settlor, t^raaces. 
 
 or otherwise howsoever, to any extent ; but the 
 estates or interests of the parties entitled to any 
 s\ich charge or incumbrance shall not be affected 
 by the acts of the person entitled to the posses- 
 sion or to the receipt of the rents and profits as 
 aforesaid unless they shall concur therein. 
 
 Sec. 41 of 19 a: 20 Vict. c. 120, re-enacted Tcrbatim. 
 
 55. Provided always, that nothing in this Act Exception 
 shall authorize any sale or lease beyond the term created by " 
 of twenty-one years of any settled estates in ^^ent^*"^' 
 respect of which, under the Act of the thirty- 
 fourth and thirty-fifth years of King Henry the 
 eighth, chajjter twenty, " to cmbar feigned re- 
 covery of lands wherein the King's Majesty is in 
 reversion," or any other Act of Parliament, the 
 tenants in tail are restrained from barring or de- 
 feating their estates tail, or where the reversion 
 
 is vested in the Crown. 
 
 vSec. 42 of 19 .t 20 Vict. c. 120, re-enacted. 
 
 56. Nothing in this Act shall authorize the Saving 
 granting of a lease of any copyhold or customary ".rd^of 
 hereditaments not warranted by the custom of manors-
 
 G6 
 
 SETTLED ESTATES ACT. 
 
 the manor -without the consent of the lord, nor 
 otherwise prejudice or affect the rights of any 
 lord of a manor. 
 
 Sec. 43 of 19 & 20 Vict. c. 120, re-enacted verbatim. 
 
 To what 
 settlements 
 this A<'t to 
 extend. 
 
 57. This Act shall, except as hereinafter pro- 
 vided, apply to all matters existing at the time 
 of the passing of this Act, whether proceedings 
 are actually pending or not, and any proceedings 
 in any such matter may be continued or taken 
 under this Act as if the matter originated under 
 this Act, or may be continued or taken under 
 the Acts hereby repealed, or partly under this Act 
 and partly under the said repealed Acts as occa- 
 sion may require : Provided always, that the pro- 
 visions in this Act contained respecting demises 
 to be made without application to the Court 
 shall extend only to settlements made after the 
 first day of November one thousand eight hun- 
 dred and fifty-six. 
 
 This section corresponds to sec. 44 of 19 & 20 Vict. 
 c, 120. 
 
 The date at the end of the section, let November, 
 1856, was the date of the commencement of the original 
 Act (19 & 20 Vict. c. 120, sec. 46), of which sec. 44 ran 
 thus : " The provisions of this Act shall extend to all 
 settlements, whether made before or after it shall come 
 into force, except as to those demises to be made with- 
 out application to the Court which shall extend only to 
 settlements made after this Act shall come in force.'' 
 The proviso in the above section is therefore only a 
 re-enactment. 
 
 Repeal of 58. The Acts specified in the schedule to this 
 fie.fin^sciie- -^^t are hereby repealed : Provided always, that 
 'luie. this repeal shall not affect anything done or any
 
 REPEALED STATUTES. 
 
 67 
 
 proceeding taken under any enactment hereby 
 repealed. 
 
 In cases where a private Act of Parliament has en- 
 acted that subject to its provisions the provisions of the 
 Settled Estates Act, 1856, should apply to the estates 
 comprised in the private Act, the provisions of the 
 Settled Estates Act, 1856, become part of the private 
 Act, and thus being private legislation are not repealed 
 by the Act of 1877, which can only be held to repeal 
 the Act of 1856 in its character of a public Act (^Re 
 Bolton Estate Act, W. N., 1878, p. G5). 
 
 The schedule referred to in the section is as follows : 
 
 SCHEDULE. 
 
 Session and Chapter. 
 
 Title or Short Title. 
 
 19&;20 Vict. c. 120 
 
 21 & 22 Vict. c. 77 
 
 27 & 28 Vict. c. 45 
 
 37 & 38 Vict. c. 33 
 
 39 & 40 Vict. 0. 30 .' The Settled Estates Act, 1876 
 
 An Act to facilitate leases and 
 sales of Settled Estates. 
 
 An Act to amend and extend the 
 Settled Estates Act of 185G. 
 
 An Act to further amend the 
 Settled Estates Act of 1856. 
 
 The Leases and Sales of Settled 
 Estates Amendment Act, 1874. 
 
 59. Nothing in this Act shall intei-fcre with savi 
 the exercise of any powers to authorize or gi-aut 
 leases confen'cd by any Act of Parliamcut not 
 expressly repealed by this Act.
 
 68 SETTLED ESTATES ACT, 
 
 Extent of 60. This Act shall not extend to Scotland. 
 
 Act. 
 
 Commoiipc- 61. This Act shall commence on the first day 
 luwitof Alt. ^^ November, one thousand eight hundred and 
 seventy-seven.
 
 SUMMARY OF THE PRACTICE. 
 
 The issue of Orders under the Settled Estates 
 Act, 1877 (to be known by the short title of 
 "The Settled Estates Act Orders, 1878,") has 
 veiy materially altered the practice under the 
 Act. The hearing of the petition is accelerated 
 and made now one of the earliest stages of the 
 proceedings after the presentation of the peti- 
 tion, it being left to a further consideration to 
 remedy any defects w^hich may then ajjpear in 
 the application. At the same time much w^ider 
 powers are given to the petitioner in the conduct 
 of the application, e. g. in the appointment of 
 guardians of infants, and in the examination of 
 nian-ied women. The day for the hearing may 
 be fixed upon the presentation of the petition, 
 and where there are no parties under disability, 
 the heai-ing may take place eight days after the 
 presentation, or by special leave, even sooner. 
 Where there are infiints interested, one summons 
 will answer for the appointment of guardians to 
 all of them. Where there are married women 
 interested, one person will be able to take the 
 examinations of all, or of as many of them as 
 circumstances render it convenient. The eftect 
 of the Orders is in a word considerably to sim- 
 plify and shorten the procedure. 
 
 In the following summary of the practice the 
 authorities are not quoted, but will be found in 
 the notes to the sections and. orders refen-ed to. 
 
 The powers given to the Court by the provi- Junsaic- 
 sions of this Act relate to all settlements of"""- 
 whatever date (section 57) which come within
 
 70 SUMMARY OF THE PllACTICE. 
 
 the definitions contained in section 2, Tiie juris- 
 diction is only ousted by (1) the previous refusal 
 of an application to Parliament with a similar 
 object (section 32) ; (2) the occuirence in the 
 settlement of an express declaration against the 
 exercise of such powers as are conferred by this 
 Act (section 38) ; and (3) the fact of the powers 
 applied for being more extensive than any that 
 could have been contained in the settlement 
 (section 39). But within these limits the Court 
 may exercise the powers conferred by the Act 
 repeatedly (section 38); and notwithstanding the 
 circumstance of the settlement containing similar 
 powers. {Ibid.). 
 
 Petition. The Act is set in motion by petition (section 
 
 23) ; and a petition is necessary whether an 
 action is pending or not. The petition is pre- 
 sented in the matter of the estate proposed to 
 be dealt with, and in the matter of the Act 
 (Order 2), which must be sufficiently identified. 
 It is prepared and left to be answered in the 
 ordinary manner (Order 28). 
 The parties to it are, — 
 
 Parties, I. As petitioners (section 23), any person 
 
 entitled either (l) to the possession of the settled 
 estate, or (2) to the receipt of the rents and 
 profits for a term of years detenninable on his 
 death, or (3) to an estate for life, or (4) to any 
 greater estate, or (5) as the assignee of any 
 person coming within one or other of the four 
 preceding classes. 
 
 II. As respondents (section 24) : — 
 
 A. Where the settlement creates an entail 
 (1) either the tenant-in-tail if there be 
 one in existence and of full age, or the 
 first tenant-in-tail if there be more than 
 one such, and (2) all persons in existence 
 having any beneficial estate or interest 
 prior to that of the above, and (3) all
 
 SUMMARY OF THE PRACTICE. 71 
 
 trustees representing unboni children 
 
 coming within class 2. 
 B. In every other case (1) all the persons in 
 
 existence having any beneficial estate or 
 
 interest, and (2) all trustees representing 
 
 unborn children. 
 Trustees for any of the respondents need not 
 be made parties, but must be serv'cd with notice 
 of the application (section 30), evidence of such 
 service miist be produced at the hearing (Order 
 16). Trustees so served are entitled to inspect 
 and peruse the petition without payment of any 
 fee (Order 22), and to be furnished with a copy 
 of it on payment cf the usual charges. 
 
 If an infant is entitled to an estate or interest infants. 
 in settled property, a guardian must be specially 
 appointed by the Court for the purpose of 
 making or consenting to an application under 
 the Act (section 49). The procedure on the 
 appointment of a guardian is as follows : If the 
 petitioner is an infant the petition is presented infant pe- 
 by his next friend and answered ; the next 
 friend then issues on behalf of the infant a sum- 
 mons for the appointment of a guardian, and 
 serves the summons on the natural, testamentary 
 or judicially appointed guardian of the infant 
 (Order 8), if the circumstance admit — when the 
 order appointing the guardian has been made 
 the petition is amended by substituting the 
 guardian for the next friend in the title to the 
 petition, and the proceedings are thenceforth 
 conducted by the guardian. If the infant is not infant 
 a petitioner, the summons for the appointment ^*^*P'^'^ *^'^ • 
 of a guai'dian is issued by the petitioner and 
 served on the natural, testamentary or judicially 
 appointed guardian as above (Order 8). The 
 evidence in support of this summons must cover' 
 the following facts (Order 10) : — 
 1. The apre of the infant.
 
 72 
 
 SUMMARY OF THE PRACTICE. 
 
 Infant 
 tenant iu 
 tail. 
 
 Lunatics. 
 
 Lunatic 
 tenant in 
 tail. 
 
 2. The existence of a natural, testamentary 
 or judicially appointed guardian, the interest of 
 such guardian (if any) in the application, its 
 nature and its bearing on the infant's interest. 
 
 3. Circumstances of the residence, care and 
 maintenance of the infant. 
 
 4. Relation of the proposed guardian to the 
 infant, and the reasons and qualitications for the 
 appointment. 
 
 5. That the proposed guardian has no interest 
 adverse to that of the infant. 
 
 6. The consent of the guardian to act. 
 
 Where the infant is a tenant in tail, the guar- 
 dian cannot act without the special directions 
 of the Court (section 49). Such directions are 
 obtained on a summons issued by the petitioner 
 (Order G), and served upon the guardian of such 
 infant appointed or proposed to be appointed 
 under the Act (Order 9), This summons for 
 directions may be combined with the summons 
 for the appointment of a guardian (Order 6). 
 In such a case, besides the evidence above indi- 
 cated as requisite in ordinary cases, there must 
 be produced an affidavit by the guardian stating 
 that he believes that it is proper and consistent 
 with a due regard for the interest of the infant 
 that such direction shall be given (Order 12). 
 
 A lunatic who is entitled to an estate or 
 interest in settled property is represented in all 
 proceedings under the Act by his committee, 
 duly appointed by the jurisdiction in Lunacy 
 (section 49). The committee must apply to the 
 Master in Lunacy for a special report on the 
 proposed proceedings. This report is submitted 
 to the judges for the time being having juris- 
 diction in Lunacy and is endorsed by them. 
 The report so indorsed is the authority of the 
 committee to act in the matter. But if the 
 lunatic be a tenant in tail, the committee must
 
 SUMMARY OF THE rUACTICE. 73 
 
 farther obtain the special directions of the Court 
 (section 49), i.e., of the Chancery Division (sec- 
 tion 3), before making an application or consent- 
 ing to one. These special directions are obtained 
 on a summons issued by the petitioner (Order 
 G), and served upon the connnittee (Order 9). 
 On the return of this summons the authority so 
 given as before mentioned to the connnittee by 
 the judges having jurisdiction in Lunacy is, apart 
 from special circumstances, suthcient evidence 
 upon which the Court may direct the co-n- 
 mittee to act in conformity with such authority 
 (Order 11). 
 
 Bankrupts, debtors in liquidation, or insolvents liai.knipt'?, 
 are represented in all proceedings under the Act '^'^' 
 by their trustees or assignees, who under no cir- 
 cumstances require any further authority from 
 the Court (section 49). 
 
 Any married woman may make or consent to M^niied 
 any application under the Act, whether she be of ^^■'^""•■" 
 full age or not (section 52), even if there be con- 
 tained in the settlement a clause or proviso 
 against anticipation (section 50). But whether 
 she be of full age or an infant, the power of a 
 maiTied woman in this respect is subject to her 
 having been previously examined apart from her 
 husband (section 52), and this, notwithstanding 
 tliat the property be settled to her separate use 
 (>;ection 50). The Court has in some instances 
 dispensed with the examination, but these ai'e 
 few and only extreme cases, whore the remote- 
 ness of the interest of the married woman, or the 
 f^xct of her being sufficiently represented, or her 
 place of residence rendering it very difficult to 
 examine her, have shown this course to be ad- 
 missible. The examination goes to the woman's 
 "knowledge of the nature and effijct of the 
 application" (section 50) and her free desire to 
 make or consent to it. The examination may be 
 
 K
 
 74 SUMMARY OF THE PRACTICE, 
 
 taken at any time after the petition is presented 
 within the and answered (Order 13). When the married 
 jmudiction; ^^^^^-^ [^ resident within the jurisdiction, her 
 examination may be taken either (1 ) by the 
 Court, or (2) by a soUcitor duly appointed by 
 the Court for the purpose (section 51). An ex- 
 amination by the Court may be taken either in 
 open Court or in chambers. If it is taken in 
 open Court a note of it is made by the registrar. 
 • If in chambers a minute of its result will be 
 indorsed on the petition and signed by the chief 
 clerk (Order 28). In the practice on the taking of 
 examinations by solicitors very important altera- 
 tions have been effected by the Orders of 1878. 
 The petitioner has the conduct of the examina- 
 tion as he has of the appointment of guardians, 
 and has the nomination of the examiner. In 
 all ordinary cases within the jurisdiction, the 
 appointment of an examiner may be made at 
 chambers, without summons or order, by the 
 judge, upon the " request " of the petitioner. If 
 this course is adopted, the solicitor selected to 
 take the examination must be a perpetual com- 
 missioner to take acknowdedgments of deeds by 
 married women, and must be certified by the 
 solicitor for the petitioner to be not a solicitor 
 for the petitioner, or for any pai-ty interested in 
 the petition (Order 14). The request need not 
 be served on any party, and one examiner can 
 take the examination of all the married women 
 interested in the petition, or of as many of them 
 as may be convenient (see Form 7 in the Ap- 
 pendix to the Orders). In special cases within 
 the jurisdiction (e.(/. where reasons exist on the 
 outoftiic ground of unreasonable expense, delay, or in- 
 junsdiction. gQ^^Ycnience), and in cases where the married 
 woman is resident out of the jurisdiction, the 
 petitioner takes out an ex parte summons at 
 chambers to appoint an examiner, who, if the
 
 SUMMARY UF THE I'llACTICE. 70 
 
 examination is to take place within the jurisdic- 
 tion, must be a solicitor (Order 1-i), The written 
 examination must Ije in the form prescribed by 
 the Onlcrs (Form No, 1) in the Appendix thereto 
 and Order 27), and the examiner must make a 
 certificate that he took the examination, ex- 
 plained the nature and effect of the application, 
 and obtained the consent or otherwise, as the 
 case may be, of the man-ied woman (Form Xo. 10). 
 The examination and certificate must be verified • 
 by the atfidavit of an independent person (Form 
 No. 11). 
 
 Upon the presentation of the petition a day Setting 
 must be appointed for the hearing. This may '^ ^^"'" 
 be eight clear days after the presentation, or by 
 special leave, even earlier (Order 2), so that 
 where no difficulties come in the way, arising 
 from the disability of parties or otherwise, the 
 petition may be heard almost immediately after 
 presentation, and an order made. If, howevei*, standing 
 on the appointed day the parties are not ready "^'■■''• 
 (Order 3), or if the Court is of opinion that 
 notice ought to be served on some person who 
 has not been sei'ved, or that advertisements are 
 desirable (Order 18) ; or if some other reason 
 exists against the immediate disposal of the peti- 
 tion on the day appointed for the hearing, the 
 petition may be allowed to stand over generally, 
 or a subsequent day may be appointed. If it 
 stands over generally, no application to the Restoring 
 Court or judge is necessary to restore it to the to the paiar. 
 paper, which is done on an application by the 
 petitioner to the secretary of the Lord Chancellor 
 or Master of the Rolls (as the case may be) two 
 clear days' notice of such subsequent hearing 
 being given to the other parties interested 
 (Order 3). 
 
 The evidence required on the hearing of every Eviiknee. 
 petition must consist of the following facts : — 
 
 E 2
 
 76 SUMMARY OF THE PRACTICE. 
 
 1. Tliat it is proper and consistent with a 
 due regard for the interests of all parties entitled 
 that the powers of the Act should be exercised, 
 giving the ground for stating it to be so (sections 
 4, 16, and 17, and Order 15). 
 
 2. That notice of the application has been 
 served on all trustees (section 30 and Order 16). 
 
 3. That an application to a similar effect has 
 not been made to Parliament, or if one has been 
 made, that it has not been rejected or reported 
 against (section 32 and Order 17). 
 
 If the petition is under section 4 for a lease or 
 for powers of leasing, there must be evidence to 
 show : — (1) the nature of the estate, (2) its 
 value, (3) its circumstances, and (4) the terms 
 and conditions on which leases thereof ought to 
 be authorized (section II). 
 
 When at the hearing it appears that all the 
 
 parties whose consent is required by the Act are 
 
 present and consent, the Court may make an 
 
 immediate order in such terms as appear to the 
 
 Reference to iudtje to be proper ; or it may make a reference 
 
 4;hainbers jo i i ^ j 
 
 to chambers for inquiries to be made as to 
 matters which appear to the judge to require 
 investigation before the order is made. The 
 latter course will now be generally superseded 
 by fuller evidence being required at the hearing, 
 . though in the event of the evidence not being 
 conclusive, such reference may still be made. 
 The proceedings in chambers in such a case do 
 not differ from those upon an order in an 
 action for a sale, or i;pon an order for the 
 granting of a lease to be approved by the judge, 
 as the case may be (Order 28). 
 Absent Wlicre, however, the persons whose concur- 
 
 iiarties. rence or consent is required are not all present or 
 have not all given in their consent, any one of 
 the four following courses is open to the Court 
 accordim;' to the circumstances of the case : —
 
 SUMMARY OF TIIK PRACTICE. 7/ 
 
 A. It mayaltogcther dispense with tlie consent Dispensing 
 
 with 
 consent. 
 
 of any such person or persons, *"*'' 
 
 (1.) Where their interests are subsequent to 
 that of an infant tenant in tail (sect. 25) j 
 or 
 
 (2.) Where liaving regard to their number or 
 tlieir estates or interests it considers that 
 an order may properly be made, notwith- 
 standing that the consent has been re- 
 fused (section 28). 
 
 B. The Court may direct notice to be sei'ved Notice 
 
 , "^ .^ . .. .., . umU>r see- 
 
 on any such i)erson, specitymg a tmie witnm tiou m. 
 
 which he shall deliver a notification of his inten- 
 tions with regard to the petition, and in the 
 default of the due delivery of such notification 
 may deem him to have submitted his rights to 
 be dealt with by the Court (section 26 and 
 Order 18). 
 
 The times for delivering the notification are 
 regulated by this last-mentioned order, and may 
 1)6 tabulated thus (Order i) : — 
 (1.) Within the jurisdiction, 
 
 in the case of infants — to be fixed by the Tinie for 
 order appointing the "i^'ils.*^** 
 guardian. 
 „ married women — 28 days. 
 
 ,, lunatics — 28 days. 
 
 ,, all other cases — 14 days. 
 (2.) Out of the jurisdiction, in special cases 
 within the jurisdiction, and in the case of 
 persons of unsound mind not so found — as 
 the Court shall direct on an ex parte ap- 
 plication by the petitioner at Chambers. 
 In the case of an infant or limatic tenant in Directions 
 tail, the necessary special directions as to the eatious?^'''' 
 notification (section 49), are obtained upon an ap- 
 plication by the petitioner at chambers (Order 7), 
 the summons being served upon the guardian or 
 committee (Order 'J). In the case of an infant
 
 78 SUMMARY OF THE PRACTICE. 
 
 tenant in tail the guardian must make an affi- 
 davit that the notification proposed to be made 
 is proper and consistent -witli a due regard for 
 the interest of the infant {Order 12). In the 
 case of a lunatic tenant in tail the authority of 
 the judges having jurisdiction in lunacy to the 
 committee to deliver a notification is, apart from 
 special circumstances, sufficient evidence in sup- 
 port of an application for directions under sec- 
 tion 26 (Order 11). The person upon whom 
 notice is so served under section 26 is entitled 
 to inspect and peruse the petition without pay- 
 ment of any fee (Order 22), and to be furnished 
 with a copy thereof. 
 Advertise- C. The Court may direct that notice of the 
 ™^" ^' application shall be inserted in the newspapers 
 (Order 18), in which case the form of advertise- 
 ment prescribed by the Orders must be used 
 (Order 27 and Form No. 13). In the event of 
 the Court giving such directions, any person may 
 within the time specified in the notice (Order 19), 
 or by special leave subsequently (Order 57, r. 6, 
 mider the Judicature Acts incorporated in the 
 Settled Estates Act Orders by Order 26) apply 
 by motion, either ex j)cirte, or upon notice to the 
 Leave to be petitioner for leave to be heard on the applica- 
 hcard. tiou, but au order on an ex parte motion may be 
 
 made upon terms as to costs. The person so 
 obtaining leave to be heard must serve the order 
 on the petitioner's solicitor (Oi'der 21), and is 
 then entitled to inspect and peruse the petition 
 on paying a fee of 1 3s. id., and to obtain a copy 
 subject to the usual charges (Order 20). 
 
 The former Acts required the insertion of 
 notices of the application in the newspapers, and 
 the practice was immediately after the presenta- 
 tion of the petition to take out a summons for 
 directions as to advertisements. The usual 
 directions were for the insertion of a notice once
 
 SUMMARY OF THE PRACTICE. 79 
 
 ill the London Gazette, and once in each tliree 
 successive weeks in some local paper. The notice 
 was not settled in chaml)ers nor was the copy 
 for the London Gazette signed by the chief clerk, 
 but the directions were written on the summons 
 and signed by the solicitor for the petitioners, 
 who produced it to the printer of the Gazette. 
 For the future notices will only be inserted " if 
 the Court shall so direct, but not otherwise " 
 (section 31), but if directed will be governed by 
 the practice hitherto in use (Order 28). 
 
 At one tinie extreme accuracy was required in 
 the wording of these notices, even small inaccu- 
 racies or divergencies from the title of the petition 
 having been held to necessitate a re-issue of the 
 advertisements in strictly accurate form. But 
 later decisions have recognized that the object 
 of the advertisements is to give information of 
 the application to persons intci'csted, and have 
 laid it down that this object is sufficiently satis- 
 fied by an advertisement which identities the 
 property with reasonable accuracy, and indicates 
 the nature of the application. Now that the 
 notices are rendered no longer compiilsory it is 
 presumed that the less rigid rules of these later 
 decisions will prevail in cases where notices are 
 directed, or, where they are specially desired by 
 the parties, although the 2nd Order directs that 
 notices shall have the same title as the petition. 
 
 D. Under the circumstances mentioned in DLspeusiiiL; 
 section 27, the Court may dispense with notice ^^'^'^"^*''^*^' 
 and proceed as if there had been a default in 
 delivering a notification in conformity with a 
 notice. 
 
 E. Lastly, the Court may make an order Order s.iving 
 "subject to and so as not to affect the rights, "'''''*■ 
 estate or interest" of any such person (sect. 29). 
 
 The order must contain directions as to the Order. 
 manner in which notice shall be indorsed on the
 
 iO SUMMARY OF THE PEACTICE. 
 
 deeds relating to the property (section 33), and if 
 the Court dispenses with the indorsement of 
 such notice, the order must contain a statement 
 to this eftect. The notice may be effected by 
 the registration of a memorial where the lands 
 are situated in a register county or district 
 (Order 23). 
 
 Every order must state (Order 24) the follow- 
 ing facts : — 
 
 (1.) The names of the petitioners. 
 (2.) The names of the other parties who con- 
 cur or consent. 
 (3.) The names of the persons on whom notice 
 
 has been served. 
 (4.) The names of persons who have obtained 
 
 leave to be heard. 
 (5.) Delivery and purport of notifications in 
 
 reply to the notices. 
 (G.) The names of the persons notice to whona 
 
 has been dispensed with. 
 (7.) Whether the order is made subject tc» 
 
 the rights of any person. 
 In an order authorizing a lease there must be 
 contained directions that the lease shall contain — 
 (1) the conditions recjuired by the Act; (2) 
 special covenants, conditions, and stipulations 
 required by the circumstances of the particular 
 case; or, (3) such covenants, conditions, and 
 stijjulations as shall be approved by the judge 
 at chambers without being settled by the judge 
 (Order 2-3). 
 
 When made the order is drawn up in the usual 
 way, and the proceedings upon it are of the same 
 form as those on an order for sale, or for the 
 granting of a lease with the approbation of the 
 judge (Order 28). 
 jToncys pny- The 01 der may contain a direction that any 
 t:'e*^i'nVr.' nioneys which may be payable under it shall be 
 jjaid to trustees approved by the Court (sec-
 
 SUMMARY OF THE PKACTICE. 81 
 
 tiou 3i), and that the nioucys so paid to them 
 shall be applied by them witiiout further order 
 from the Court (section 35). 
 
 If neither of these directions is contained in !";>>■"';"* 
 
 1111 1111 '"t" •''JlTt- 
 
 the order, then the moneys jjayable under the 
 order must be i)aid into Court [or in Ireland 
 into the Bank of Ireland to the account of the 
 Accountant-Cjlcneral] " Ex parte (the applicant). 
 In the Matter of the Settled Instates Act, 1877 " 
 (section 3i). 
 
 Until moneys can be applied to tlie purposes i"terim 
 
 t/ 11 11 iiivGstnicut. 
 
 for which they are idtimately destined they are 
 treated as cash under the control of the Court 
 and invested accordingly (section 36), the divi- 
 dends on the investments being- paid to the per- 
 son entitled to the rents and profits of the land. 
 
 The i)urposes designated by the Act (section Application 
 34) for the ultimate application of moneys pay- 
 able under an order made in the matter of this 
 Act, are : — 
 
 1. The redemjition of the land tax [or in 
 
 Ireland, of i-eut-charge in lieu of tithes, 
 Crown rent, or quit rent] ; 
 
 2. The redemption of incumbrances ; 
 
 3. The purchase of other lands, or the build- 
 
 ing of houses on land under the same 
 settlement ; 
 
 4. I'ayment to a person absolutely entitled. 
 "Where moneys are paid in in respect of any 
 
 lease for lives or years, or of any estate less than 
 the fee simple, or of any reversion, greater lati- 
 tude is given to the discretion of the Court in 
 their application (section 37). 
 
 In the latter case, the petition is presented Petition, 
 by "any party interested in such money" (sec- 
 tion 37). 
 
 In all other cases, the order for the application 
 of moneys paid in under the Act is made upon 
 the petition of the person "who would be en-
 
 Forms. 
 
 82 SUMMARY OF THE PRACTICE, 
 
 titled to the possession or the receipt of the rents 
 and profits of the land if the money had been 
 invested in the purchase of land " (section 35). 
 
 The petition for the application of moneys 
 does not come under the sections of the Act 
 relating to consents, notices and advertisements. 
 n'r^^roto""'' An application under section 17 for the pur- 
 tion. pose of obtaining the sanction of the Court to 
 
 proceedings for protection is an application under 
 the Act within section 23, and will be made on 
 the petition of the persons therein mentioned 
 (see ante, p. 70.) 
 
 The Forms in the Appendix to the Orders are 
 to be adhered to subject only to any variations 
 necessary in any particular case (Order 27). 
 Orders. The Orders are made subject to the power of 
 
 the judge in person to dispense with all or any 
 of them in his discretion (Order 32). 
 Fees and The fees and allowances to be taken by solici- 
 
 b diiipb. ioY^^ and the fees to be taken by the officers of 
 the Court are the same as those chargeable 
 under the general practice as regulated by the 
 Orders under the Supreme Court of Judicature 
 Act dated 12th August, 1875, and 28th October, 
 1875, the only special charges being the follow- 
 ing :— 
 
 Higher Lower 
 
 Scale. Scale. 
 
 Request and certificate under 
 
 Order 14 and Form No. 7 
 
 in the Appendix to the 
 
 Orders : — Solicitor's fee 
 
 Stamp . . . 
 
 Attendance at judge's cham- 
 bers to procure tlie appoint- 
 ment of an examiner : — 
 Solicitor's fee 110 13 4 
 
 £1 \s. Od. 
 
 13*. id. 
 
 3 
 
 2
 
 ORDEES 
 
 UNDER THE 
 
 SETTLED ESTATES ACT, 1877. 
 
 I, THE RIGHT HONOUKABLE HUGH MAC 
 CALMONT, BARON CAIRNS, LORD HIGH CHAN- 
 CELLOR OF GREAT BRITAIN, DO hereby in pur- 
 suance of the 42ncl section of " The Settled Estates Act, 
 1877," appoint the Vice-Chancellor Sir Richard Malins, 
 the Vice-Chancellor Sir James Bacon, the Vice-Chan- 
 cellor Sir Charles Hall, and 5Ir. Justice Fry, to be the 
 four judges of the Supreme Court of Judicature, by 
 whom, together with the Lord Chancellor, the Lord 
 Chief Justice of England, the Master of the Rolls, the 
 Lord Chief Justice of the Common Pleas, and the Lord 
 Chief Baron of the Exchequer, rules and orders of court 
 for can-ying into effect the purposes of the said Act 
 shall be made as therein mentioned. And this appoint- 
 ment is to continue in force nntil the 31st day of 
 December, 1879. 
 
 Dated this 19th day of July, 1878. 
 
 CAIRNS, C. 
 
 1. The words "settlement," "settled estates," Definitions, 
 and " the Court " in these Orders shall have the 
 same interpretation as in the Act. 
 
 The words " the Act " in these Orders shall 
 mean the Settled Estates Act, 1877, "the peti- 
 tion" shall mean a petition under the Act, and 
 " the judge " shall mean tlie judge of the Court
 
 84) ORDERS. 
 
 with whose name the petition shall be marked, 
 or to whom the petition shall be transferred. 
 
 The dLiinitions of " settlement" and "settled estates" 
 are given in s-ct'toii 2, and that of '"the Court" in 
 section 3. 
 
 Title of the 2. All petitions, notices, affidavits, and other 
 i.«tition, &o. pi-p^eedings nnder the Act shall be entitled "In 
 the matter of the estates settled " [by the settlor 
 or settlors, naming one of them and referring to 
 the instrnment by which the settlement shall 
 have been created, and mentioning the parish or 
 place and county in which the lands, messuages, 
 or tenements proposed to be dealt with are 
 situate] " and in the matter of the Settled 
 Estates Act, 1877," and every such petition 
 shall be marked with the words " In the High 
 Court of Justice, Chancery Division," and with 
 the title of the judge before whom it is intended 
 to be heard (see form No. 1 in the Appendix 
 Hcarin". hereto). Upon the presentation of the petition, 
 a day shall be appointed for hearing not less 
 (unless the judge gives special leave) than eight 
 clear days after such presentation, and in the 
 computation of such eight clear days Sundays 
 Dnsf-rii.tion and Other days on which the offices are closed 
 "Irt'-'^ ^""" stiall not be reckoned ; and every petition shall, in 
 the body thereof, or in a schedule thereto, or by a 
 plan thereto annexed, contain a detailed descrip^ 
 tion of the property proposed to be dealt with 
 by such ])etition sufficient to identify the same. 
 
 This ui-der in its first clause follows with but slight 
 alteration the 15th Rule of Order 41 of the Consolidated 
 Orders, The last clause, requiring a detailed descrip- 
 tion of the property to be dealt with to be embodied in 
 the petition, is new, and its eilect will be to shorten 
 materially the title of the petition, although the latter 
 was even formerly required to contain a description
 
 ORDERS. ^J 
 
 only '• in general terms." As the alteration made by 
 this order is not very great, the original rule and the 
 decisions thereunder are appended to this note. 
 
 A more important alteration is made in the time 
 within which a petition may be set down for hearing 
 after its presentation. Whereas, it was formerly 21 days 
 from the publication of the last of the advertisements 
 (Order 41, Itiih' 20), it may in future be as soon as 8 
 days after the presentation of the petition, or even 
 sooner by special leave. 
 
 The following is Orih r 41, Utile \'>, above referred 
 to:— 
 
 11. 15. All petitions and notices, and also all 
 affidavits and other inoceedings tender the Act, 
 shall he entitled in the matter of the Act and in 
 the matter of the property in question, mentioning 
 the county and parish or jylace in which it is 
 situate, and descriljing it hy general terms, and 
 evei'ij such petition shall be marked with the words, 
 ^^ Master of the Rolls,'' or toith the title of the 
 Vice-CIutncellor before ivhom it is intended to be 
 heard. 
 
 The object of the title is to indicate the property sold, 
 and the petition must be presented in the matter of the 
 property and not in the matter of the settlement. It is 
 not necessary that the proceedings imder the Act should 
 specify the particular settlement to which the property 
 is at the time subject, provided the property be suffi- 
 ciently identified and be actually under settlement (^6' 
 Thonij)son'.s Setiletl Kstufrs. Green v. Thnmpson, Johns. 
 418, 422). 
 
 See also Order 'iX.post, for other necessary parts of 
 the petition. 
 
 A slight discrepancy between the heading of an ad- 
 vertisement and the heading of the petition is not 
 material, if no one is likely to be deceived by it {Re 
 BielinelVn Settled Extafei^, 20 W. R. 9.37).
 
 86 
 
 ORDERS. 
 
 Restoring 
 jietition to 
 the paper. 
 
 Notice 
 under sec- 
 tion 20. 
 
 The title of a petition need not contain a full descrip- 
 tion of the property, but only such description as is 
 necessary to make the matter intelligible {Re Burnleifs 
 Settled Estates, 23 W. R. .546). 
 
 It may be noticed that the order in the heading has 
 been pm-posely changed so as to bring the description 
 of the jiroperty into greater prominence by placing it 
 first, and thus inverting the old form, which ran, " In 
 the matter of the Act and in the matter of the pro- 
 perty." 
 
 The form of title given in the Appendix to the Orders 
 [Form No. 1) must be adhered to in all ordmary cases 
 {Order 21). 
 
 3. When a petition has been put into the 
 paper for hearing, and by reason of the parties 
 not being ready, or for any other cause, the judge 
 allows it to stand over generally, it may be put 
 into the paper for a subsequent day, without any 
 application to the court or judge, on the peti- 
 tioner or his solicitor applying for that purpose 
 to the secretary of the Lord Chancellor or Master 
 of the Rolls (as the case may be), and notice of 
 the appointment of such subsequent day shall be 
 given by the petitioner, or his solicitor, two clear 
 days before the day fixed to the other parties 
 entitled to appear on such petition. 
 
 This order is entirely new, enabling the petition to 
 be restored to the paper immediately after it has become 
 ripe for hearing, subject only to the 2 clear days' notice 
 to the other parties entitled to appear and be heard. 
 
 4. The notice required to be given by the 
 26th section of the Act if given before the hear- 
 ing (or if given after the hearing, and the judge 
 shall not otherwise direct) may, without any 
 other direction of the court, be given within the 
 jurisdiction of the court, except in the case of a 
 person of unsound mind, not so found by inqui-
 
 ORDERS. 87 
 
 sition, by delivering to the person to be served ii 
 notice (in the form No. 3 in the Appendix 
 hereto) with such variations as circumstances 
 require, and the time to be specified in such 
 notice for the person served to deliver or leave a 
 notification shall — (a.) in case the person to bo 
 served is a guardian of an infant, be such as 
 shall be directed by the judge in the order ap- 
 pointing the guardian, and in case the person to 
 be served is a married woman, or a committee 
 of a lunatic, not less than 28 clear days after 
 the service ; (b.) and in other cases not less than 
 14 clear days after tlie service. In case the 
 person to be served is of unsound mind, not so 
 found by inquisition, or out of the jurisdiction of 
 the court, or it is desired to serve such notice on 
 any person within the jurisdiction of the coiu't 
 in any other manner than above provided, an 
 application shall be made at Chambers ex parte 
 by the petitioner for directions as to the manner 
 in which such notice shall be given, and as to 
 the time to be specified in such notice within 
 which the notification is to be made by the 
 person served. 
 
 This section will be more easily nnderstood if pre- 
 sented iu a tabulated form. The time for delivering 
 the notification is : — 
 
 A. Within the jurisdiction — 
 
 /■ As the Court - shall 
 1. By guardian of infant . , J direct in the order 
 
 •) 
 
 appointing him. 
 
 2. By married woman . . . ) 28 clear days after ser- 
 
 3. By committee of lunatic . j vice of the notice. 
 
 4. In all other cases (except ■\ 
 
 in the case of a person I 14 clear days after ser- 
 
 of unsound mind not so j vice of the notice, 
 
 found) I
 
 88 ORDERS. 
 
 B. Out of the jurisdiction. . \ /-, ,. i u 
 ^ ^ ■" ^ , I As the Court shall 
 
 C. By a person of unsound ,. ^ 
 
 . , \. , V direct upon an ex 
 
 mmd, not so found , , i- +• 
 
 ^ ' . , .,, . ; parte apphcation 
 
 D. In special cases witlnn , , , 
 
 . . ,. . at chamljcrs. 
 
 the jurisdiction ' 
 
 In Fe Mcn-hnrii's Setilrd E-sfafru (22 W. R. 752), the 
 Court refused leave to serve a respondent out of the 
 jurisdiction. 
 
 For form of summons for directions under this order, 
 see Appendix to the Orders {Form No. 2), and for form 
 of notice, ihid. {Forms Kos. 3 & 4). 
 
 S!mi! 5- Where it is desired that any guardian of 
 
 an infant shall make or consent to any applica- 
 tion to the Court under the Act, or make any 
 notification respecting any application to the 
 court, or that notice may be given to any such 
 guardian on behalf of an infant, the court may 
 appoint a guardian to such infant for the pur- 
 poses of the Act, and an application for such ap- 
 pointment may, after the petition is presented, 
 be made at chambers by the petitioner by sum- 
 mons. And if an infant is the petitioner the 
 petition may be^ resented by the infant by his 
 next friend, and after the petition has been pre- 
 sented and answered, and a guardian appointed, 
 the word " guardian " shall he substituted in the 
 petition for the words " next friend," and the 
 name of the guardian (if the next friend and 
 guardian shall not be the same person) for the 
 name of the next friend. 
 
 The practice upon the appointment of guardians hag 
 been entirely changed by this Order. 
 
 The guardian was formerly appointed upon a sum- 
 mons taken out in the name of the infant by- a next 
 friend in the form used for originating proceedings in 
 chambers intituled in the same manner as the petition
 
 ORDERS. b9 
 
 or iiitenclotl petition. Now the summons will in all 
 cases be taken out by the petitioner. 
 
 Formerly, if the infjint was the petitioner, the guardian 
 hatl to be .ajtpointed before petition presented. Now 
 the petition is first presented on behalf of the infant 
 by his next friend ; the guardian is then ai)p<jinted, 
 and the petitimi amended by substituting him f<jr the 
 next friend. 
 
 Again, if the infant was not the petitioner, the 
 guardian might be appointed cither before or after 
 petition presented. Now he must be appointed after 
 the presentation of the petition. 
 
 Compare for the former practice the Regulations of 
 August, 1857, Rule 21. 
 
 Sec the ensuing Orders — 12 as to service of the 
 notice, special directions, and the evidence required 
 upon the summons, and for forms of summonses, Ap- 
 pendix to these Orders (Forms 5 i<c C). 
 
 G. In the case of a lunatic or infant tenant in special 
 tail by bis committee or <j;uardian api)lying or directions 
 
 •^ . ,. .^ ..^■'''°.„ under set- 
 
 consentnig to an application, or givnig a notih- tion 40. 
 cation respecting an appbcation, an appbcation 
 may be made at chambers by the petitioner after 
 the petition is pi'cscnted that snch committee or 
 guardian may be directed to so apply or consent, 
 or give a notification, and in the case of an infant 
 such application may be combined with the 
 application to appoint a guardian. 
 
 This application used under the former practice to 
 be made by the guardian or committee. The above 
 Order directs it to be made by the petitioner. 
 
 7. In cases where the committees or guardians 
 of hmatic or infant tenants in tail shall be served 
 with notice of the application in pursuance of the 
 26th section of the Act, an application may be 
 made at chambers by the petitioner, before the
 
 90 
 
 ORDERS. 
 
 Sei'vice on 
 guardian 
 uudei' 
 Order 5. 
 
 expiration of the time specified in such notice, 
 that such committees or guardians may notify 
 that they either assent to or dissent from such 
 application, or submit their rights or interests so 
 far as they may be affected by such application 
 to be dealt with by the court. 
 
 The time specified tii] a notice to a committee of a 
 lunatic is 28 days (see ante, Order 4) ; in a notice to a 
 guardian of an infant, such time as is fixed by the order 
 appointing the guardian. Tlie application may be made 
 before the expiration of this time. 
 
 The summons under either Order 6 or Order 7 must 
 be served on the committee or guardian as the case 
 may be {Order 9). 
 
 See as to the CAadence on the return of a summons 
 imder either of these Orders, Orders 11 & 12, iiost. 
 
 Orders 6, 7, 9, 11 and 12 are made under section 49 
 of the Act 9 Vict. 
 
 8. Upon an application to appoint a guardian 
 to an infant for any such purpose as aforesaid, the 
 summons shall be served upon the parent, testa- 
 mentary guardian, or guardian appohited by the 
 Court of Chancery or the Chancery Division of the 
 High Court of Justice, of the infant, if there be 
 any such parent or guardian, unless the court or 
 judge shall dispense therewith. 
 
 As the issuing of the summons is no longer in the 
 hands of the infant's friends, but in those of the peti- 
 tioner, it is necessary to serve the actual guardian, 
 whether natural, testamentary, or judicially appointed. 
 
 See Order 5, ante, and for the evidence, Order 10. 
 
 Service on 9. Upon any application that a committee or 
 committee^ guardian of a lunatic or infant tenant in tail may 
 under Orders be directed to make or consent to any applica- 
 6 and 7. ^^^^ ^^ behalf of such lunatic or inftint, or to 
 notify that the lunatic or infant assents to or
 
 ORDERS. 1)1 
 
 dissents from such application, or submits his 
 rights or interests so far as tliey arc affected by 
 siich apphcation to be dealt with by the court, 
 the summons shall be served on the committee of 
 such lunatic, or the guardian appointed or pro- 
 posed to be appointed of such inftmt, for such 
 purpose. 
 
 The summonses here referred to are tliose under 
 Orders (5 &; 7, ante. 
 
 The evidence on the return of this summons is to be 
 such as provided for Ijy Orders 11 & 12. 
 
 10. Upon an application to appoint a guar- Evidence on 
 dian of an infant, the following facts shall be cfV""i'iia'n! 
 l^roved : — 
 
 1 . The age of the infant. 
 
 2. "Whether he has any parent, testamentaiy 
 
 guardian, or guardian appointed by the 
 Court of Chancery or the Chancery Di- 
 vision of the High Court of Justice, and, 
 if so, whether such parent or guardian 
 has any interest in the application, and 
 if he has the nature of such interest, and 
 whether or not adverse to the interest of 
 the infant. 
 
 3. Where and under whose care the infant is 
 
 residing, and at whose exi^ense he is 
 maintained. 
 
 4. In what way the proposed guardian is con- 
 
 nected with the infant, and why pro- 
 posed and how qualified to be appointed. 
 
 5. That the proposed guardian has no interest 
 
 in the application, or if he has the nature 
 of his interest, and that it is not adverse 
 to the interest of the inftxnt. 
 
 6. The consent of the guardian to act. 
 
 This Order follows with a few verbal alterations Rule 
 21 of the Regulations of August, 1857, which, lujwever,
 
 92 ORDERS. 
 
 further required evidence as to the nature of the in- 
 tended application to the Court. This has now become 
 unnecessary, as in every case the petition is presented 
 before the appointment of a guardian {Order A). 
 
 Evidfiicc 11, Upon an application that a committee of 
 
 I'lli'in'ric"' ^ lunatic tenant in tail may be directed to make 
 tfiiant in or conscnt to any application, or to give any 
 notification respecting any application, the 
 authority of the judge or judges entrusted with 
 the care and commitment of the custody of tlie 
 persons and estates of lunatics to such com- 
 mittee to act on behalf of the lunatic shall be 
 produced, and if it shall appear thereby that 
 such judge or judges are of opinion that it is 
 proper and consistent witli a due regard for the 
 interest of the lunatic that the committee shall 
 make or consent to the application or give any 
 specific notification respecting the application, 
 such authority shall, unless the court or judge 
 shall for any special reason require further 
 evidence, be sufficient evidence upon which the 
 court or judge may direct the committee to act 
 in conformity with such authority. 
 
 This Order adopts the practice as laid down in lie 
 Woodcock's Trustii (L. E. 3 Ch. App. 229). Hee note to 
 sec. 49 of the Act. 
 
 12. Upon an application that a guardian of 
 an infant tenant in tail may be directed to make 
 or consent to any application or to give any 
 notification respecting any application, evidence 
 is to be produced to satisfy the judge that it is, 
 and the guardian is to make an affidavit that he 
 believes that it is, proper and consistent with a 
 due regard for the interest of such infant that 
 such direction shall be given.
 
 OUDKUS. !K] 
 
 This Order corresponds to tlie 22ik1 Rule of the Kej^u- 
 lations of August, 1875. 
 
 13. The examination of a married woman Examinn- 
 imiler sections 50 and 51 of the Act may be *','"'..':'!, 
 taken at any time after the petition is presented wonuui. 
 and answered. 
 
 14, When it is desired tliat a married woman 
 resident within the jnrisdiction of the Court 
 shall be e.xamined otherwise than by the Court, 
 a solicitor who is a perpetual commissioner to 
 take acknowledgments of deeds by married 
 women may be appointed for that purpose by 
 the judge at chambers in the Form No. 7 in the 
 Appendix hereto without summons or order, 
 upon the request of the petitioner and a certifi- 
 cate of the solicitor for the petitioner in the 
 Form No. 7 in the Appendix hereto that the 
 person to be appointed is not a solicitor for tlie 
 petitioner, or for any party whose concurrence 
 or consent to the application is required, but 
 where au examination by such solicitor will 
 .cause unreasonable expense, dehxy, or incon- 
 venience, or where the married woman is resi- 
 dent out of the jurisdiction of the Com't, an 
 application by summons may be made ex parte 
 by the petitioner at chambers to appoint a soli- 
 citor if such woman is resident within the juris- 
 diction of the Court, and if not so resident a 
 person, whether a solicitor or not, to take such 
 examination. 
 
 Order 18 settles the dispute! point as to the proper 
 time for taking the examination {Ee Foster n Srttled 
 Estates, 1 De G. & J. 38(; ; 20 L. J. Ch. 836 ; lie Man- 
 soil's Settled Estates, 24 Beav. 220 ; and Re Pachr, 39 
 L. J. Ch. 220). The two former of these cases were in 
 favoui- of its being taken after the petition had been
 
 94 ORDERS. 
 
 presented and answered and carried into clianibers, 
 but before any judicial step being taken upon it. The 
 latter case upheld the view that the examination might 
 be taken at any time before the Order. 
 
 Order 1 4, wliile retaining the former practice in cases 
 where the married woman is resident out of the juris- 
 diction, or where special circumstances render it desir- 
 able to adhere to it, substitutes a shorter procedure in 
 all cases within the jui'isdiction which are devoid of 
 difficulty of any kind. One examiner will now be able 
 to take the examination of all the married women in- 
 terested in the application, or of as many of them as it 
 may be found convenient (Forms 7 & 9, and Order 27). 
 
 Evidence of 15. Upon every petition the Court shall be 
 the^appHca- Satisfied by sufficient evidence that it is proper 
 tion. and consistent with a due regard for the in- 
 
 terests of all parties entitled under the settle- 
 ment that the powers should be exercised ; and 
 it shall be stated in the affidavit why and upon 
 what ground it is deemed to be so. 
 
 This Order is new. It follows the condition imposed 
 by the sections of the Act which confer the powers 
 {sections 4, 16, and 17). 
 
 Evidence of 1 6. Upon every petition where there are any 
 trustees"" trustees seised or possessed of any estate in trust 
 for any of the persons whose consent or concur- 
 rence to or in the application is required, evi- 
 dence is to be produced that notice of the appli- 
 cation has been served on such trustees. 
 
 This Order is new, and is in accordance with section 
 30 of the Act. 
 
 The notice to trustees is required to be in the form 
 given in the Appendix to these Orders (Form, No. 12). 
 
 Evidence 17. Upon cvcry petition evidence shall be 
 
 appiicaton "■ produced to satisfy the Court that neither the
 
 ORDERS. .05 
 
 applicant nor any party entitled has previously to Pariia- 
 applied to either House of Parliament for a ""^"'• 
 Private Act to effect the same or a similar 
 object, or if any such application has been made 
 that tlie same was not rejected on its merits or 
 reported against by the judges to whom the Bill 
 may have been referred. 
 
 The 21st Rule of Order -il of the Consolidated Orders, 
 with which this Order corresponds, did not follow so 
 closely as the present the section under which it was 
 made {section 32). See lie Wilsons Estate Bill, quoted 
 in the note to the section, ante. 
 
 18. If upon the hearing of any petition the Notices and 
 Court shall be of opinion that notice ought to be f,fen^'" 
 served on any person who shall not have been 
 served, or that notice of the application ought to 
 be inserted in any newspaper, the Court shall 
 give directions accordhigly, and the petition 
 shall stand over generally or to such time as the 
 Court shall direct. 
 
 This Order is new, and is made under section 31. 
 
 As to service of notice, see sections 26 and 27 of 
 the Act. 
 
 As to advertisements in newspapers, see section 
 31 of the Act. The effect of the Order upon the 
 }>ractice as to advertisements is to leave the question 
 Avhether or not notice should be given in this manner 
 to be decided at the hearing. Formerly the first step 
 taken after the presentation of a petition was to issue a 
 summons for directions in what newspapers the notices 
 required by the Act were to be inserted (Order 41, Rule 
 17 of the Consolidated Orders). The petition wa.s pro- 
 duced on the return of the summons, and the judge's 
 direction was written on the petition and signed by his 
 chief clerk. Now the directions will be given upon the
 
 93 ORDERS. 
 
 hearing of the petition, and n form of ailvcrlisement to 
 be used is appended to these Orders (see Fornt, No. 13). 
 This form does not require the name or address of the 
 petitioner to be given, but only the name and address of 
 his solicitor, thereby obviating the risk of inaccuracies 
 which were before held to necessitate re- advertisement. 
 The title of the advertisement must follow the title of 
 the petition ( Order 2, ante, and see the Form). As in 
 the few cases in which notice may in future be directed, 
 the Court will doubtless be guided by previous decisions, 
 (this being the only Order as to advertisements), 
 some of the most important authorities are here re- 
 ferred to. 
 
 The object of the advertisements being to give all per- 
 sons interested full information, the Court will dispense 
 with literal compliance with the Order where the main 
 purpose of the order is substantially fulfilled (Ite 
 M7titcle>/'s Settled Estates, 8 L. R. Eq. 574). 
 
 In Be Bateman's Settled Estates (13 W. R. 513), the 
 Lords Justices held that the title of the advertisements 
 must correspond exactly with the title of the petition, • 
 and that the omission from the former of the words " in 
 the parish of " and " now unoccupied," which occurred 
 in the latter, was a fault that necessitated re-advertise- 
 ment. But the strictness of this rule has been relaxed 
 by the V.-C. Malins in cases where the omission or 
 misdescription could not deceive or mislead any one — 
 thus the omission of the words, " in the parish of " (Be 
 Nunvs Settled Estates, W. N. 1867, p. 109), the substi- 
 tution of " Middlesex " for " Nottingham " {Be Ilemslcifs 
 Settled Estates, 16 L. R. Eq. 315), the description of "a 
 dwelling-house and shop " as " premises " (Be BicltnelVs 
 Settled Estates, 14 L. R. Eq. 467), are faults which have 
 been regarded as immaterial. 
 
 When the question ai'ises whether or not, owing to 
 intervening circumstances, the advertisements already 
 issued are insutlicient, and re-advcrtiscment has become 
 necessary upon the amendment of the petition, the 
 Court takes into consideration the peculiar circumstances
 
 ORDERS. 97 
 
 vt the case. '■ If the amendmc:it iiivoh'es new facts 
 and new parties so as to give to the petition a new 
 character, the Court will hardly act discreetly in not 
 directing new advertisements," but where " the circum- 
 stance is not such as to render the case introduced by 
 the amendment substantially different from the case of 
 the original petition," it is not necessary to have fresh 
 advertisements (per Lord Westbury, L. C, lie Banhnn/H 
 Settled Entatct, 13 W. R. 370 ; r> N. R. 229). Instances 
 of cases where re-advertisement has not been required, 
 are the following : — AMicre the eldest son had been 
 described as the customary' heir, instead of the youngest 
 {S.c.) ; where the petition asked that leasing poM-ers, 
 which had been vested in a tenant for life since deceased, 
 should be vested in the tmstees of the settlement {R/i 
 Kentish Toivn Estatcn, 1 J. & H. 230) ; where an infant 
 remotely interested had been born after the advertise- 
 ments were issued {Itc Hortons Settled Estate, 34 Beav. 
 386) ; where the averments in the advertisements were 
 not affected by the amendment of the petition {H<; 
 Corhcfs Settlement, W. N. 18G6, p. 318) ; where the 
 petition sought to have a power of leasing, which had 
 been by the order of the Court vested in the trustees of 
 a settlement, transferred to the tenant for life, who 
 had since been admitted into possession as entitled to 
 the legal estate {Wheeler v. Tootel, IG W. R. 273); 
 where one of the petitioners described in the petition 
 and advertisements as a spinster had been married after 
 the issuing of advertisements and before the hearing of 
 the petition {lie Marshall's Settled Estates, 15 L. R. Eq. 
 66) ; where one of the respondents had, after the issuing 
 of advertisements, married and executed a settlement 
 of his interest in the property to which the petition 
 related, necessitating the amendment of the petition by 
 making the trustees of this settlement parties {lie 
 Wilkinson's Settled Estates, 21 W. R. 537) ; where a 
 supplemental petition was i)rc8ciited to remedy some 
 defects in the description of the property in the title of 
 the original petition and advertisements {Ee Earl of 
 
 F
 
 98 ORDERS. 
 
 Xilmorci/'s Settled Entatcx, 26 W. R. 'A) ; and BCC Ex 
 imrte Puxhij, 2 Ir. Rep. Eq. 237. 
 
 An order for the insertion of advertisements in certain 
 newspapers for three successive weeks, is sufficiently 
 complied with, although the interval between two of the 
 advertisements is more than a week {Browne v. Pennc' 
 father, lie MoaMon Fark-ujh Estate, 4 N. R. 221). 
 
 Leave to i.e 19. When the Court shall at the bearing have 
 heanu] du'ected notice of any application to be inserted 
 
 in any newspapers, any person may, within the 
 time specified in the notice, apply to the Court 
 by motion, either ex parte or upon notice to the 
 petitioner, for leave to be heard in opposition to 
 or in support of the application, but if such 
 motion shall be made ex jxn-te and the Court 
 shall think fit to give such leave, it shall be sub- 
 ject to such Order as the Court shall think fit to 
 make as to costs. 
 
 A date before which the motion must be made is now 
 to be fixed by the advertisement, whereas by the old 
 practice the limited time was 7 days after the ap- 
 pearance of the last advertisement (0. 41, R. 17 of the 
 Consolidated Orders). The leave was formerly given on 
 an ex parte motion. Now if made ex xjarte, the Order 
 must be serv^ed on the petitioner's solicitor (Order 21), 
 and may be made upon conditions as to costs. 
 
 No mention is here made of renewing the old practice 
 of granting special leave to make a motion under section 
 31 after the expiration of the limited time, but extension 
 of time may be obtained under Order 57, R. 6 of the 
 Orders under the Judicature Acts incorporated in these 
 Orders by Order 26. Such special leave was granted in 
 cases where some reason or excuse was alleged why the 
 application was not made within the specified time, e.g., 
 that the party applying was resident out of the juris- 
 diction (lie Merry's Settled Estates, 14 W. R. 665).
 
 ORDERS. 99 
 
 20. Any such person having obtaineil leave lusi-octins 
 xmder the last preceding Order shall be at liberty, tn'^ca{n"oi 
 upon reasonable notice, to inspect and peruse the petition. 
 petition at the office of the solicitor for the 
 petitioner, upon payment of a fee of 13«. id. on 
 each inspection, and shall be entitled (either 
 without or after such inspection) to be furnished 
 with a copy of such petition upon such applica- 
 tion, terms, and conditions as are provided by 
 Rules 8, 9, 12, and 13 of Order V. of the Addi- 
 tional Rules, of Court, under the Supreme Court 
 of Judicature Act, 1875, dated 12th August, 
 1875. 
 
 The rules refcn-ed to arc as follow3 : — 
 
 8. '• Where any party is entitled to a copy uf any 
 
 deposition, affidavit, proceeding, or document 
 filed or prepared by or on behalf of another 
 party which is not required to be printed, such 
 copy shall be furnished by the party by or on 
 whose behalf the same has been filed or 
 prepared. 
 
 9. " The party requiring any such copy, or his 
 
 solicitor, is to make a written application to 
 the party by whom the copy is to be furnished, 
 or his solicitor, with an undertaking to pay 
 the proper charges, and thereupon such coiiy 
 is to be made and ready to be delivered at the 
 expiration of 24 hours after the receipt of such 
 request and undertaking, or within such other 
 time as the Court or Judge may in any case 
 direct, and is to be furnished accordingly ujwn 
 demand and payment of the proper charges. 
 12, '• The name and address of the party or solicitor 
 by whom any copy is furnished is to be en- 
 dorsed thereon in like manner as upon pro- 
 ceedings in court, and such party or solicitor 
 is to be answerable for the same being a true 
 copy uf the original, or uf an otlice copy of the 
 
 F 2
 
 100 ORDERS. 
 
 original of which it purports to be a copy, as 
 the case may be. 
 13. " The folios of all printed and written office 
 copies, and copies delivered or furnished to a 
 party, shall be numbered consecutively in the 
 margin thereof, and such written copies shall 
 be written in a neat and legible manner on 
 the same paper as in the case of printed 
 copies." 
 
 Service of 21. Any Order made on an ex parte motion 
 OTd^r'for giving leave to such person to be heard on any 
 leave tote application shall be served on the solicitor for 
 the petitioner. 
 
 heard. 
 
 Trustees, 22. Any pei'son served with a notice, pursuant 
 
 tohispec""*^ to the 2Gth section of the Act, requiring him to 
 tion or copy notify whether he assents to or dissents from the 
 pe 1 ion. jj^ppiica^JQ^ Qj^. submits his rights or interests so 
 far as they may be affected by such application 
 to be dealt with by the Court, and any trustee 
 or other person served with notice pursuant to 
 the 30th section of the Act, shall be at liberty, 
 upon reasonable notice to the petitioner's soli- 
 citor, to inspect and peruse the petition without 
 payment of any fee, and he shall be entitled to 
 be furnished with a copy thereof upon such ap- 
 plication, terms, and conditions as are provided 
 by Rules 8, 9, 12, and 13 of Order V. of the 
 Additional Pailes of Court, under the Supreme 
 Court of Judicature Act, 1875, dated 12th 
 August, 1875. 
 
 Sec these rules appended to Order 20, snjiva, 
 
 Indorseintnt 23. In all cascs in which land in a register 
 
 tk)i?oT^'* county or district is affected by the exercise of 
 
 notice. any powers conferred on the court by the Act, 
 
 and the court sliall direct notice to be recorded,
 
 ORDERS. 101 
 
 pursuant to the 33rd section of the Act, such 
 notice ni;iy he given by directing a memorial of 
 the Order to be registered. And in all cases in 
 which the court shall not think it practicable or 
 expedient that notice under the said section 
 should be recorded as therein mentioned, the 
 Order shall state that no record of tlie Order 
 need be made. 
 
 This Order corresponds with Rule 24 of tlie 41st Order 
 of the Conscilidated Orders, .and is ni.idc under sec. 33 
 of the Act, q. r. The old Order further empowered the 
 judge, if he thought fit, to require that the document or 
 documents indorsed in pursuance of his order should be 
 produced in Court fur his inspection. This part has 
 now been omitted. The provision that the dispensing 
 with such notice shall be specially mentioned in the 
 Order is new. 
 
 For instances of orders directing indorsement of 
 Notice, see note to sec. 33, and Ite Boyd'/s Settled Estates 
 (8 Ir. R. Eq. 7G), given among the Forms at the end of 
 the book. 
 
 24. Every Order shall state, in addition to Order. 
 the names of the petitioners, the names of the 
 persons other than the petitioners who concur or 
 consent or to whom notice of the application has 
 been given, or who (under Order 19) may have 
 obtained leave to be heard in opj)osition to or in 
 support of the application, and whether any 
 notification was received from the persons to 
 whom notice has been given, and if any has 
 been received the purport tliereof, and also the 
 names of the persons, if any, notice to whom 
 has been dispensed with, and wlicthor tlie Order 
 is made sul)ject to any and what riglits, estate, 
 or interest of any person whose conciuTence or 
 consent has been refused, or who shall not or 
 shall nut l»e deemed to have submitted his
 
 102 ORDERS. 
 
 rights or interests to be dealt with by the court, 
 or whose rights or interests ought, in the opi- 
 nion of the court, to be excepted. 
 
 Leases, coii- 2."). In cascs where the court authorises a 
 ditions, &c. lease the Order shall direct that the lease shall 
 contain such conditions as are required by the 
 Act, and such other covenants, conditions, and 
 stipulations as the court shall deem expedient 
 with reference to the special circumstances, or 
 may direct the same to contain such covenants, 
 conditions, and stipulations as may be approved 
 by the judge at chambers without directing the 
 lease to be settled by the judge. 
 
 By sec. 4 the powers given by the Act are to be exer- 
 cised " subject to the provisions and restrictions in the 
 Act contained." Sec. 5 authorizes the requirement of 
 special covenants, conditions, and stipulations. Sees. 
 14 and 15 provide that leases shall not be settled by the 
 judge. 
 
 Time. 26. The Rules 1, 2, 3, and 6 of Order LVII. 
 
 (as to time) in the Schedule to the Supreme 
 Court of Judicature Act, 1875, shall be appli- 
 cable to these Orders, and to all proceedings 
 under the Act. 
 
 The lilies referred to are as follows : — 
 
 1. "Where by these Rules or by any judgment or 
 
 order given or made after the commencement 
 of the Act, time for doing any act or taking 
 any proceeding is limited by months not ex- 
 pressed to be lunar months, time shall be 
 computed by calendar months. 
 
 2. " Where any limited time less than six days 
 
 from or after any date or event is appointed or 
 allowed for doing any act or taking any pro- 
 ceeding Sunday, Christmas Day, and Good
 
 ORDERS. 1 03 
 
 Friday slmll not be reckoned in the coniputa- 
 
 tion of such limited time." 
 
 An exception to this rule is made by Order 2, antr, 
 
 under which, in the computation of ei<jht days, Sundays 
 
 and other days on which the offices are closed are not to 
 
 be reckoned. 
 
 3. " Where the time for doing any act or taking 
 any proceeding exjjires on a Sunday or other 
 day on which the offices are closed, and by 
 reason thereof such act or proceeding cannot 
 be done or taken on that day, such act or pro- 
 ceeding shall, as far as regards the time of 
 doing or taking the same, be held to be duly 
 done or taken if done or taken on the day on 
 which the offices shall next be open." 
 The Rules omitted from the above Order, viz.. Rule 
 4 and 5, refer to the long vacation, and direct that no 
 pleading shall be amended or delivered in the long 
 vacation, and that the long vacation shall not be 
 reckoned in the computation of time for filing, deliver- 
 ing, or amending any pleading. 
 
 C. " A Court or a judge shall have power to enlarge 
 or abridge the time appointed by these Rules 
 or fixed by any order enlarging time for doing 
 any act or taking any proceeding upon such 
 terms (if any) as the justice of the case may 
 require, and any such enlargement may be 
 ordered although the application for the same 
 is not made mitil after the expiration of the 
 time appointed or allowed." 
 
 27. The forms set forth in tlie A})peii<lix Ponus. 
 liereto shall be adhered to, subject only to such 
 variations as may be necessary to meet the cir- 
 cumstances of the case or direction of the 
 court. 
 
 This Order is imperative in its terms. The Fonns 
 referred to will be found among the Forms at the end
 
 104 
 
 OEDERS. 
 
 of this bcolv, where they are distinguished by larger 
 type, an Index to them being given after these Orders. 
 
 Saying of 28. Ill all cases not provided for by the Act, 
 
 crc'iure" ^'^° OJ^' these Ordei's, the existing forms and mode of 
 
 viuiv no procedure and general practice of the court on 
 
 visi(M) is similar proceedings shall apply to proceedings 
 
 made. ^^^jgj. ^^^ ^g^.. 
 
 The several points of practice not provided for by 
 these Orders are noticed in the Summary of the Prac- 
 tice, ante. 
 
 Fees. 
 
 Sunnips. 
 
 29. The fees and allowances to solicitors of 
 the court in respect to proceedings under the 
 Act shall be such as are provided by Order VI. 
 of the Additional Rules of Court under the 
 Supi-eme Court of Judicature Act, 1875, dated 
 12th August 1875, and are applicable to such 
 proceedings, and solicitors shall be entitled to 
 charge and be allowed for a request and cer- 
 tificate under the 14th Order (of these Orders), 
 and for attendances at the judges' chambers to 
 procure the appointment of an exaniiner thereon, 
 a fee of 13s. id. if the lower scale of fees is ap- 
 plicable, and IL Is. Od. in other cases. 
 
 30. The fees to be taken by the officers of the 
 court in respect to proceedings under the Act 
 shall be such as are provided by the Orders 
 under the Sui)reme Court of Judicature Act, 
 1875, dated 28th October 1875, and are ap- 
 plicable to such pi-occcdings ; and every request 
 under the 14th Order (of these Orders) shall bear 
 a stamp of 2s. if the lower scale of fees is ap- 
 plicable, and 3s. in other cases. 
 
 Petition— 31. Every petition under the Act shall set 
 
 scTvUx ^^^ forth the name, address, and description of the 
 
 petitioner, and also a place within three miles
 
 OUDEU.S. 105 
 
 from the site of Tein[)le Bar, Lomlon, where ho 
 may be served with auy Order of the court or 
 of the judge iu chambers, or notice relating to 
 the subject of such petition. 
 
 This Order coiTcsjionds to Order 41, Rule 14, of the 
 Consolidated Orders, adopting the form of the Rules 
 under the Judicature Acts as to an address for service. 
 
 The name, address, and descrii)tion of the petitioner 
 need appear only in the petition. In other documents, 
 e.g., notices, atlvertisements, etc., this is no longer 
 necessary. The necessity which previously existed for 
 including these particulars in every pubhc and private 
 notice required by the Act was a very fertile source of 
 mistake, and a misdescription in some trifling kind 
 often involved the additional expense of re-issuing such 
 notices. 
 
 The Court will dispense with literal compliance with 
 the Order where the main purpose of the Order is sub- 
 stantially fulfilled {He W/iifrlri/'x Svttk-d Estates, 8 
 L. R. E(i. r>74). See also Be Bourne's Estate, 2C W. E. 
 111.J ; and lie SiielVs Settled Estate, 19 W. R. 1000. 
 The address of the petitioner's solicitor is now all that 
 is recjuisite in advertisements or notices (see the Forms 
 in the Appendix). 
 
 32. The judge in person sitting in court or in Power to 
 chambers in the case of any petition may by w'miThe 
 special Order dispense with all or any of the pre- Oxdm. 
 ceding orders so far as they are applicable to 
 such petition in any case in which he shall think 
 fit, and upon such terms and conditions (if any) 
 as he may deem proper. 
 
 It was held in Re Ilargreave's Settled Estates (7 
 W. R. 15(J), that the regulations made under the Act 
 merely pointed out the manner in which the several 
 proceedings under the Act might be taken for the sake 
 of convenience, and were not absolutely oblig.itory in 
 
 F 3
 
 106 ORDERS. 
 
 every case, the Court being able in its discretion to dis- 
 pense with a strict compliance with them. The effect 
 of the above Order is to place the " Settled Estates Act 
 Orders, 1878,"' upon the same footing as the now obso- 
 lete Regulations. See also Re Lonfjduff's Settled Es- 
 tates, 1 Dr. &; Sm. 142. 
 
 Date ot 33. These Orders shall come into operation on 
 
 operation, the 7th day of January 1879, and shall apply to 
 any petition presented on or after that date. 
 
 Short title. 34. These Orders may be cited as *' The Set- 
 " tied Estates Act Orders, 1878." 
 
 Cairns, C. 
 G. Jessel, M.R. 
 Richard Malins, V.C. 
 James Bacon, V.C. 
 Charles Hall, V.C. 
 Edward Fry. 
 
 Decemher 1878.
 
 APPENDIX. 
 
 The Appendix to the Orders contains a number of AppEaiDix. 
 Forms, which are embodied in the collection of Forms 
 at the end of this book, being distinguished by being 
 Ijrinted in lai'ger type, and which correspond respec- 
 tively to them in the following manner : — 
 
 Form 
 2s'ij. 1. Form of Title and other proceedings . . 1 
 
 „ 2. ,, Summons for directions as to ser- 
 vice of notice pursuant to sec. 20 
 of the Act 17 
 
 „ 3. „ Notice pursuant to sec. 2G of the 
 
 Act 18 
 
 , 1. ,. to accompany Notice pursuant to 
 
 sec. 2(J of the Act . . .19 
 
 ,, .J. ,, of Summons for appointment of a 
 Guardian of an Infant, and for 
 leave for the Guardian to make 
 or consent to an application . 33 
 
 ,, 0. ,, Summons for Appointment of a 
 Guardian of an Infant to be 
 serv'cd with Notice of an applica- 
 tion, and for leave for the Guar- 
 dian to deliver a notification 
 pursuant to such Notice . . 84 
 
 „ 7. „ Reciuest to appoint a person to 
 
 examine a Married Woman . 38 
 
 ,, 8. ,. Summons to appoint persons to 
 
 examine Married Women . . 39 
 
 ,, '.). ,, Examination of Married Woman 
 making or assenting to an Appli- 
 cation 40
 
 108 APPEKEIX. 
 
 Vppexdix ^°"" 
 
 ' No. lO Form of Certificate of Exr.minalion of Mar- 
 
 ried Women making or assenting 
 to an Aj plication . . .41 
 „ 11. ., Affidavit verifying Examination . 42 
 ,, 12. „ Notice pursuant to the 30th sec, of 
 
 the Act 23 
 
 ,, 13. ,, Notice to be i'. serted in Nevvspapers 
 if directed pursuant to the 31st 
 sec 24
 
 INC3. 
 
 FORMS OF rETITIOXS, ORDERS, ETC. 
 UNDER THE ACT. 
 
 Tlie folloivliH/ is Form Xo. T. of the Forms 
 appended to the " Settled Estates Act Orders, 
 1878." 
 
 In the H'lnh Court of Justice, i- title of 
 
 y~,1 Tv- • ■ PETITION 
 
 Llinnccry Division, andothkr 
 
 The Master of the lioUs ■ '"''^^^l''- 
 
 (or the Vice-ChanccUor Malins 
 or other Vice-Chancellor). 
 
 Ill the Matter of Estates settled hij 
 A. B. (or A. B. and others) hij 
 will dated (or deed dated 
 
 ), consisting of certain 
 lands (or viessuac/es or tenements) 
 in , in the parish of , 
 
 in the count i/ of 
 And in the Matter of the "Settled 
 Estates Act, 1877." 
 
 [Title Form, Xo. 1.] - petitio.m. 
 
 Formal 
 
 To Her Majesty's High Court of Justice. •'^'^'*"- 
 
 The humble Petition of [teiiaiitfor 
 
 life'], of [address], esquire, [or other 
 description, as the case may be]. 
 Showeth as follows : 
 
 1. [Set out the limitations of the will or settle- i,ttrod,ictory 
 ment, as the case may he, settling the estate 'tatements 
 j^roposed to he dealt u-i(h.] ]"o'i',s ^' '*
 
 110 FORMS. 
 
 2. [State death of testator, prolate, apj^ointment 
 
 of neiv trustees, marriages of 2>^rsons in- 
 terested and settlements made on their 
 marriages affecting the settled estate, and 
 any other material facts relating to z7.] 
 
 3. [Set out a detailed description of the j^t'o- 
 
 pyerty proposed to he dealt vjith sufficient to 
 identify the same, or refer to a schedide or 
 to a pjlan annexed to the petition.^ 
 Special state- 4. By ail agreement, dated the of 
 
 jmnicuiar , ^nd made between of the 
 
 "'*'««• one part, and of the other part, it 
 
 rjreMuent'^ was agreed, subject to the sanction of this 
 
 '"'■ i''iise Honourable Court thereto being obtained, 
 
 that [set out the material ^jarts of the 
 agreement^. 
 The said agi-eement is a highly favourable 
 agi'eement, and for the benefit of all per- 
 sons interested in the hereditaments com- 
 prised therein. Your petitioner submits 
 that the same should receive the sanction 
 and be canied into effect under the order 
 of this Honourable Court. 
 Mines. "phc lands and hereditaments above mentioned 
 
 contain [<lescription of minerals^, which 
 are believed to be of great value and which 
 have never been worked. It is very de- 
 sirable and for the benefit of all persons 
 interested, that a general power of leasing 
 the said lands and hereditaments for the 
 purpose of working the said mines be 
 vested in [names of the trustees], 
 
 Buiidiii- The above-mentioned land is situate in the 
 
 ^*-'^'*"- immediate neighbourhood of the town of 
 
 , and is advantageously situate 
 for building purposes. There is a great 
 demand for land for building sites in that 
 portion of the town, and favourable offers 
 have been made to your petitioner for
 
 FORMS. Ill 
 
 grants of building leases. It is proper 
 and consistent with a due regard for the 
 interests of all persons entitled under the 
 said will that general powers of granting 
 building leases of the said land should be 
 vested in the trustees of the said will for 
 the time being. 
 
 It is the custom of the country in which the Custom of 
 above-mentioned hereditaments are situate "' '''^"" '^' 
 to grant building leases for terms of not 
 less than years, and leases of the 
 
 said hereditaments could not be granted 
 for a shorter term on advantageous terms. 
 Your petitioner submits that it would be 
 for the benefit of all persons interested in 
 the said hereditaments that a general 
 power of granting building leases for terms 
 not exceeding years, should be vested 
 in the trustees for the time being of the 
 said will. 
 
 The above-mentioned hereditaments would, if Sale, 
 sold, realize a considerable sum, the value 
 of property in the vicinity having of late 
 years greatly improved, and 3'our petitioner 
 believes that a sale of the same might be 
 advantageously effected at the present 
 time, and that such sale would be fur the 
 benefit of all persons interested in the 
 said hereditaments under the said will. 
 
 5. No application has been made to either GcneraisM--- 
 House of Parliament for the purpose of jH/irioos 
 effecting the object of this petition or 
 any similar object. 
 
 G. Your petitioner may be served with any 
 order of this Honoural)le Court, or any 
 notice relating to the subject of this • 
 
 petition at the office of , the solicitor 
 for your petitioner in the matter of this 
 petition [or other address for senice within
 
 112 FORMS. 
 
 3 miles from the site of Temple Bar, 
 London'\. 
 
 I'rayer. Your petitioner therefore humbly prays as 
 
 follows : 
 rarticuiar fliat foF the purposes hereinbefore mentioned 
 
 '^^^' an order may be made by this Honourable 
 
 Court, that [state effect of order sought, 
 e.g., as follows ;] 
 
 the agreement hereinbefore mentioned for 
 a lease of the above-mentioned heredita- 
 ments to , may be carried into 
 effect ; 
 ^,i„i„„ or, general powers to grant leases of the 
 iuase.° [minerah'] lying within, under, or upon 
 the lands above mentioned, may be vested 
 in the trustees of the said will for the 
 time being of the will of the said 
 deceased, in conformity with the said Act, 
 and subject to the provisions and restric- 
 tions in the said Act contained ; 
 or, general powers of granting building leases 
 of the above-mentioned land, for terms 
 not exceeding years, in con- 
 formity with the said Act, and subject to 
 the provisions and restrictions therein 
 contained, may be vested in the trustees 
 Sale. for the time being of the said will ; 
 
 or, the above-mentioned hereditaments may be 
 sold under the direction of this Honour- 
 able Coiirt, and \if so desired add the 
 proposed mode of dealing tvith the pur- 
 chase money, e.g.] that the said A. and B,, 
 the trustees of the said settlement, be at 
 liberty, without any further ap^jlication to 
 • tlie Court, to apply the proceeds of such 
 
 sale to one or more of the purposes and in 
 tlic manner provided by the above-men- 
 tioned Act [or, may be ordered to hold the
 
 FORMS. 113 
 
 moneys arising from such sale upon the 
 trusts of tlio said settlement]. 
 
 That all proper provisions may be made and f'cnn-al 
 directions given for eflccting the purposes '^ ""***■ 
 hereinbefore mentioned. 
 
 That the costs and expenses of your petitioner Costs. 
 and of all other persons served with this 
 petition, of and incident to this appli- 
 cation, maybe taxed by the taxing master, 
 and the amount of such costs when so 
 taxed be a charge on the said heredita- 
 ments [or be raised by a sale or mortgage 
 of a sutticient part of the said heredita- 
 ments ; or be a charge upon the heredi- 
 taments included in the same will, and 
 subject to the same limitations ; or be 
 paid by the trustees of the said will out 
 of the money to arise by such sale ; or 
 be raised and paid by the said trustees 
 out of any funds that are now or may 
 hereafter be in their hands, subject to the 
 tinists of the said will]. 
 or, generaUij, 
 
 That the costs of all parties of and incident to 
 this application may be provided for. 
 
 Or that this Honourable Court will make such 
 further or other order as the nature of the 
 case may require. 
 
 And your petitioner will ever pray, etc. 
 
 It is intended to serve this petition upon 
 \_names of respondents]. 
 
 If it is desired to pray in the petition for leave 
 to lay out roads, etc., or for the appointment of 
 trustees, or for any other particular, the prayer 
 sJtould follotv the ivordiug of the 07-ders which 
 are here appended.
 
 114 FORMS. 
 
 Petition {.Title coiil formal parts as in Forms No. 1 cC- 2.] 
 
 fur leave to r» n 
 
 biiii^' pro- 1. yState the Settlement. \ 
 
 luotecfion' -• State the facts of the jiarticular case, as in 
 
 <*''-'• 1"^ the last precedent.] 
 
 3. [aS'^^ out the circumstances which have 
 
 rmdered proceedings for 2irotection neces- 
 sary, e.g.] 
 A Bill has recently been presented to the 
 House of , by , for the construction of 
 
 a railway from to . The pro- 
 
 posed line of railway is projected to pass through 
 the estate, being part of the estates subject 
 
 to and comprised in the aforesaid settlement, and 
 would, if constructed, work great injury to the 
 said estate, which would thereby be considerably 
 deteriorated in value. No compensation paid by 
 the company could adequately represent the loss 
 to the settled property. It is, therefore, highly 
 desirable and necessary that the sanction of the 
 (Jourt should be given to your petitioner to oppose 
 the passing of the said Bill, and that provision 
 should be made for the costs of such opposition 
 [or as the case may he]. 
 
 4. [CJtneral statements, as in the last 2')rece- 
 
 dent.] 
 Your petitioner, therefore, humbly prays as 
 follows : 
 Sanation for That the Sanction and authority of this Honour- 
 iirocee ings. ^^^ Court maybe given to your petitioner 
 
 to institute the proceedings hereinbefore 
 meiitioned, as necessary for the protection 
 of the settled estates, subject to and com- 
 prised in the said indenture of settlement, 
 dated the of 
 
 Costs. That the costs and expenses in relation to 
 
 such proceedings may be ordered to be 
 raised and paid by means of a mortgage 
 of \or charge upon] the settled estates.
 
 FORMS. 115 
 
 [or a sale of a coiupetent portion of the 
 said settled estates, o?- out of the said 
 sum of £ , representing moneys 
 
 liable to be laid out in the purchase of 
 hereditaments to be settled in the same 
 manner as the said settled estates]. 
 That this Honourable Court may make such 
 further or other order as the nature of 
 the case may require. 
 
 This Court being of oiiiniou that it is proper Orders. 
 and consistent with a due regard for the interests 7"o".. 
 of all persons entitled under the said will, &c. 4^15. 
 lor the said indenture of settlement, dated, &c.], oXr**' 
 that leases of the, »tc. [mention the earth, coal, authorizi :j 
 stone, or mineral to he demised^, lying within, Jeasesf 
 under, or upon (the estate, in the petition 
 mentioned, being part of) the settled estates 
 devised by the said will [or comprised in the said 
 settlement], and situate in the parish of, itc, 
 should be authorized, subject as hereinafter 
 mentioned, and that it is exjiedient that general 
 powers to grant such leases should be vested in 
 the trustees of the said will [or settlement] for 
 the time being. Let power to grant such leases 
 [o;- general powers of leasing the said earth, etc., 
 in conformity with the said Act, and subject to 
 the provisions and restrictions therein contained] 
 be vested in the said A. and B. (and the sur- 
 vivor of them) and other the (trustee or) trustees 
 for the time being of the said will [or settle- 
 ment] such powers to be exercised with the 
 consent of the tenant for life, if any, for the 
 time being in possession of the said estates, w ho 
 has attained the age of twenty-one years, or if 
 there shall be no such tenant for life, then with- 
 out such consent.
 
 116 
 
 FORMS. 
 
 See forms of order, Re Reveley, 11 W. R. 744 ; 
 and Re Lord Wallace, W. N. 1SG9, p. G7 ; and 
 Tohon V. Sheard, 5 Ch. D. 20, cited ante in the 
 note to section I'd of the Act. 
 
 The same form ivill, mutatis mutandis, he 
 s'litaUe for orders authoi-izing building or otiier 
 leases. 
 r.. raitkuiar And this Court being of opinion that it is 
 K-ase. proper, &c. [contitiue as ahove^, that a lease of 
 
 the messuage or tenement, situate at , 
 
 being part of the settled estates comprised in 
 the said will [or settlement], should be autho- 
 rized, subject as hei-einafter mentioned. Let 
 power to grant such lease in conformity with 
 the said Act, &c., be vested in, &c. [as above]. 
 
 And see the order in Re Chambers, 28 Beav. 
 655. 
 
 C. Onler 
 cuuliniiiug 
 agreeiiieut 
 for a lease. 
 
 And this Court being of opinion, &c.', that the 
 contract for a lease, dated, &c., in the petition 
 mentioned, should be carried into effect, subject 
 as hereinafter mentioned, let the said contract 
 be carried into effect accordingly, but such lease 
 is to be subject to the provisions and restrictions 
 in the said Act contained. 
 
 7. Sec. 1: 
 Orlcr ;!p 
 11 liiitiii,;^ 
 trustees. 
 
 Let the said M. and N. be appointed trustees 
 for the purpose of exercising such powers of 
 leasing [or receiving the money to be set aside 
 out of tlie rents and payments to be reserved on 
 the leases to be gi-anted as afoi-esaid ; or receiving 
 the money to arise by the sale hereby directed], 
 and any of the persons interested in the said 
 hereditaments [or the money to arise by the said 
 sale], or the trustees or trustee for the time being 
 are to be at liberty from time to time to apply in
 
 FORMS. 117 
 
 Chambers for the a])pointmcnt. of a new trustee 
 or ucw trustees as there sliall be occasion. 
 
 But the leases so to be {n-anted are, subject f: ^^■^:. ''*■ 
 
 cf 'J Condition 
 
 and in addition to the conditions required to be tiwit u-.is.- 1, 
 observed by the said Act, to contain such cove- tii't'cllnrt 
 nants, conditions, and stipulations, as the judge l'''«i'*'<''""y 
 shall approve, and are to be settled by the judge ,l,;sh-e.i i.y 
 [o7- as may be approved by the judge at Cham- 1''« I'lirties], 
 bers]. 
 
 See Order 25. 
 
 Take notice that this Honourable Court will IJ;^ ^.^■f;■ i"'- 
 be moved before [iianie of the judge] on motion to 
 
 the day of , 18 , or so soon there- tl.e";^.""^ 
 
 after as counsel can be heard, by Mr. , comiition. 
 
 as counsel on the ])art of \jmmes of the 
 
 petitioners], tl>e petitioners named in the order 
 made in this matter on the day of , 
 
 18 , that the words following, that is to say 
 \^foUoiv the u'ords of the order], may be struck out 
 of the said order, and that the said order may be 
 read as if such words had never been contained 
 therein. 
 
 And this Court being of opinion, etc. [as in lo. Sec. 1(' 
 Fonn 4, ante] that a sale should be authorized of ^aie!" ^"^ 
 the said premises mentioned in the title to this 
 order, and that the said agreement, dated the 
 of , is a proper agreement for such sale, 
 doth order that the said contract be carried into Connmia- 
 effect accordingly, with the approbation of the |.o,'iti"ict. 
 judge. And It is ordered that , of , 
 
 do execute the conveyance of the said piece of 
 land to the said [ptir chasers]. And It is ordered 
 that the said [/>K7rhasrr!<] do pay the purchase-
 
 lis FORMS. 
 
 money of £ into Court, to the credit of " Ex 
 parte A. B. [the tenant for life], in the matter 
 of the Settled Estates Act, 1877." And It is 
 ordered that the same when so paid in be in- 
 vested in the purchase of [as the case mat/ 
 he']. And It is ordered that the dividends from 
 time to time as they accrue due on such annui- 
 ties [or as the case may he'\, and upon so much 
 thereof as shall remain after sale of part thereof, 
 for the payment of the costs hereinafter men- 
 tioned, be paid to the petitioner, during his life, 
 or until further order. And It is ordered that 
 upon the said sum of £ being paid into 
 Court as aforesaid, the said do execute a 
 proper conveyance of the said piece of land to 
 [the purclmser]. And It is ordered that 
 it be referred to the taxing master to tax the 
 costs of the petitioners of and incident to this 
 application as between solicitor and client. And 
 It is ordered that so much of the annuities [or 
 as the case maij be] so to be purchased as afore- 
 said as sliall raise such costs when so taxed, be 
 sold, and that out of the money to arise from 
 such sale the said costs when taxed be paid to 
 , the solicitors for the petitioners. And 
 It is ordered that notice of this order be indorsed 
 on the probate of the will of the said 
 
 11. Onicr ^^^jj ^]jjg Court being of opinion, &c. [as ahove] 
 
 that a sale should be authorized, &c. [as above, 
 or of the timber mentioned and described in the 
 valuation, marked and referred to in the affidavit 
 of B., and growing on (&c., part of) the settled 
 estates devised by, etc., or subject to, &c., as 
 above]. Let the said estate [or timber] be sold 
 accordingly, with the approbation of the judge, 
 subject to the provisions and restrictions in the 
 said Act contained.
 
 FORMS. 110 
 
 \_If there are inruinhrances, (idd'l freo from the 
 incumbrances, if any, of such of the incum- 
 Itrancers as shall consent to the sale, and sultject 
 to the incumbrances of snch of them as shall 
 not consent. 
 
 \^If minerals are to he excepted.] Let the said 12. Skc v<. 
 estate, except {inenti/m the minerals excepted], Jxcc^pteri. 
 lying within, under, or upon the said estate, be 
 sold, kc. \_ns ahore]. 
 
 The Court being tif opinion, kc. \_as ahoct'], and i-. conCr- 
 that the contract for sale, dated, «tc., in the |.',',',',tn!!t! 
 petition mentioned, should be carried into effect. 
 Let the said contract be carried into effect 
 accordingly. 
 
 Tliis Court being of opinion that the proceed- a^x- 17. 
 ings hereinafter directed are proper and consis- ^jtii^tionin.' 
 tent with a due regard for the interests of all rroceeain-s 
 parties who are or may hereafter be entitled [u„J."^°^'^'^' 
 under the said settlement \_or will or otherwise as 
 the case may he] subject to the provisions and 
 restrictions in this Act contained, and are neces- 
 sary for the protection of the estates subject to 
 the said settlement [0?' otherwise]. It is ordered 
 that the petitioner A. B. [<>?• other the person in- 
 trusted u'ith the conduct of the proceedings] be at 
 liberty to institute an action \i>r to conduct the 
 defence in the action of v. , or to 
 
 present a petition to the House of , or to 
 
 oppose the Bill presented to the House of , 
 
 for the construction of a railway from to 
 
 , or other proceedings, descrihing them]. 
 And It is ordered that the costs and exj)enses in 
 relation thereto be raised and paid by means of 
 [(ouj o)ie of the modes sanctioned hg the section].
 
 120 FORMS. 
 
 15. Sec. 20. The Coiirt being of opinion that it is proper 
 P'^'^'f.'!!?"^ and consistent with a due regard to the interests 
 etc.- ' ' of all parties interested in the said settled estates, 
 that parts thereof should be laid out for streets, 
 roads, squares, and gardens, It is ordered that 
 such parts of the said settled estates as the said 
 trustees, with such consent as aforesaid, shall lay 
 out in streets, roads, squares, and gardens, do 
 vest in the trustees or the trustee for the time 
 being of the said testator ; 
 or, 
 Let such parts of the said estate as the judge 
 shall approve be from time to time laid out, with 
 the approbation of the judge, for streets, &c., 
 either to be dedicated to the public or not. Let 
 the parts so to be laid out remain and be vested 
 in the trustees or trustee for the time being of 
 tlie said will upon such trusts for securing the 
 continued appropriation thereof to the purposes 
 aforesaid, in all respects as the judge shall 
 approve ; 
 
 or, 
 The Court being of opinion that subject to the 
 provisions and restrictions in the said Acts con- 
 tained, the parts of the said settled estates 
 coloured pink in the map or plan, referred to in 
 the affidavit of , filed the day of , 
 
 should be laid out for streets, roads, paths, 
 squares, gardens, and other open places, and for 
 sewers, drains, and watercourses, as delineated on 
 the said plan, doth order that the same be laid 
 out accordingly [continue ivith clause vesting the 
 dedications in the trustees^. 
 
 c^inveyaMce. ^^^ cxecutc the deed or deeds of con- 
 veyance of the said estate to the purchaser or 
 respective purchasers thereof, on such sale being 
 effected. 
 
 Let the said , or proper persons, be ap-
 
 FOllMS. 121 
 
 j)oiiitc(l triistoos of tlio parts of the said estates 
 to be laid out. And Let the said [tnt.stees 
 
 of the will or settlciiient], convey siich parts of the 
 said estate, so as to vest the same in the said , 
 upon such trusts for securin<^ the continued ap- 
 propriation thereof for tlie purposes aforesaid, in 
 all respects as the judge shall direct. 
 
 TJie three foUowimj forms are among those « og 
 appended to the Orders of 1878, being there 
 numbered Nos. 2, 3, and 4 respectively, and are 
 required to be used. 
 
 [Title same as petition, Form 1, ante.] 
 
 Let all parties concerned attend at my '" «»;"" 
 Chambers at on at oV4ock !iir"rti.msa 
 
 on the hearmg of an application on the part ^" '"'t'"'^"*- 
 of [the petitioners] that notice of the 
 
 application intended to be made by a peti- 
 tion presented in the above matters on the 
 day of requiring A. B. and 
 
 C. D. severally to notify whether he assents 
 to or dissents from such application, or sub- 
 mits liis rights and interests so for as the}' 
 may be affected by such application to be 
 <lealt with by the Court, may be given by 
 [afate tlic manner in wJiicJi it is })roj)osed to 
 give the notice, and the time witJtin icJticJt the 
 notification is to be required] or in such other 
 manner as the judge may think fit. 
 Dated this day of 
 
 This smnmons was taken out by 
 of , solicitors for the applicant.
 
 122 FORMS. 
 
 18. Fonnof \_Title Same as Petition, Form 1, ante\. 
 
 notice. 
 
 Take notice that [jiiame iietitioners and 
 their addresses as in jJetitioii] have presented 
 a petition in the above matters praying that 
 [as in petition, hut describing the lands, mes- 
 suages, or tenements as in the 2^<^tition], and 
 it is intended to apply to the said Court for 
 an Order in accordance with such prayer, 
 and you are [severally] hereby required to 
 notify in writing within after the 
 
 service hereof whether you assent to or dis- 
 sent from such application, or submit your 
 rights or interests so far as they may be 
 affected by such application to be dealt with 
 b}' the Court, such notification is to be de- 
 livered to the petitioners' solicitors, or left 
 for them at the address specified at the foot 
 hereof, and may be so delivered by trans- 
 mitting the same to them by post at such 
 address. 
 
 If no notification shall be so delivered or 
 left within the time above limited 3'^ou will 
 be deemed to have submitted 3^our rights 
 and interests to be dealt with by the Court. 
 
 In the event of your dissenting from such 
 application and desiring to be heard in op- 
 position to the application you are by your 
 notification to require notice to be given to 
 or left for you or your solicitor at a place to 
 be specified within 3 miles from the site of 
 Temi^le Bar, London, of the day on which 
 the petition is fixed for hearing. 
 
 You or your solicitor can, upon reason- 
 able notice to the under-named A. & B., 
 inspect and peruse the petition without paj'- 
 ment of any fee, and you are entitled at
 
 C.ltlOU. 
 
 FORMS. 123 
 
 your own expense to have a copy of such 
 petition furnished to you. 
 Dated the day of 
 
 A. & B. 
 
 [Address witJiiii 3 miles of the site of 
 Temple Bar, Lo)idon]. 
 
 Petitioners' Solicitors. 
 
 To [name the person or all persons to be 
 seired pursuant to the above section^. 
 
 Note. — A cojiy of the above notice, witli 
 a notification at the foot thereof to be filled 
 up by you, is sent herewith. 
 
 Copy Notice. lo. Xotifl- 
 
 In pursuance of a notice, of which the 
 above is a copy, served on me on the 
 day of , I hereby notify that I* 
 
 Dated this day of 
 
 To Messrs. .t 
 
 • Here insert '• assent to the application," or " dissent 
 from the application." or '• submit my rights and inte- 
 rests so far as they may be affected by the application 
 to be dealt with by the Court." 
 
 And if yon dhscHt and desire to he heard in oj}jH»iitiou 
 thereto, add " And I desire to be heard in opposition to 
 the application, and require notice to be given to 
 at [^naming a phicc ivithin three miles of the site of 
 Tcmph Bar, London'] of the day fixed for the hearing 
 of the petition." 
 
 ■f Siynatiire and address. 
 
 G 2
 
 124 
 
 FORMS, 
 
 20. Sec. 27. 
 AffiJavit ill 
 .suiiport of 
 apjilicatioii 
 to clisiienso 
 with notice. 
 
 [Title as til Form 1, ante.'\ 
 
 I, L. M. , of \iiddress and description^, make 
 oath and say as follows : 
 
 1. A. B. is entitled under the settlement in 
 the petition mentioned to [show the srnallness 
 or remoteness of the interest, or add : — The re- 
 spondents C D., E. F., and G. H. hold interests 
 in the property subject to the said settlement 
 and now proposed to be dealt with similar to that 
 of the said A. B.]. 
 
 2. The said A. B. left England on or about 
 the of , and the petitioners are unable 
 to discover his whereabouts, although they have 
 made diligent inquiry, and it is uncertain 
 whether the said A. B. is alive or dead. 
 
 Or The said A. B. is now resident in , 
 
 and could not be served with notice without 
 expense disproportionate to his interest in the 
 property now proposed to be dealt with. 
 
 12. Order 
 
 <iisijen.sing 
 with notice. 
 
 It appearing that the concurrence or consent 
 of A. B. to this application has not been 
 obtained, and it appearing that the said A. B. 
 cannot be found [or that it is uncertain whether 
 the said A. B. be living or dead, or that notice 
 cannot be given to the said A. B. without 
 expense disproportionate to the value of the 
 subject matter of this application]. It is ordered 
 that notice to the said A. B. be dispensed with 
 on the gi-ound that the rights [or interests] of 
 the said A. B. are small [_or remote or are 
 similar to the rights or interests of C. D., E. F., 
 and G. H., who have been heard upon and con- 
 curred in this a])plication, or otherwise as the case 
 may he\ and that the said A. B. be deemed to 
 have submitted his rights and interests to be 
 dealt with by the ('(jurt.
 
 FORMS. 125 
 
 But this order is to be subject to and so ns not 22. Sec. 29. 
 toaftcct tlie rights, estates, and interests (if any) of'^jlj'!!^^^''''* 
 of any person or persons claiming under the 
 ultimate limitation of the said settled estates to 
 the right heirs of the said testator, other than 
 the persons appearing on this application. 
 
 The followinr/ form is one of the forms in the Notfce'to^"* 
 Appendix to tlie Orders of 1878, being there trustees, 
 numbered No. 12, and is required to be used. 
 
 [Title same as petition, Form 1, ante.'] 
 
 Take notice that \iiame jictitioners and 
 their addresses as in petition] have presented 
 a petition in the above matters praying that 
 [as in petition, hut describing tlie lands, mes- 
 suages, or tenements, as in the petition], and 
 it is intended to ai)pl3' to the said Court for 
 an Order in accordance with such prayer. 
 This notice is given to you in pursuance of 
 the above Act because you are seised or 
 possessed of an estate in trust for , 
 
 whose consent or concurrence to or in the 
 application is required by tlie Act. You or 
 your solicitors can upon reasonable notice 
 to the under-named A. and 1>. inspect and 
 peruse the petition at the address specified 
 at the foot hereof without payment of any 
 fee, and )*ou are entitled at your expense to 
 have a copy of such petition furnished to 
 you. 
 
 Dated this day of 
 
 A. &B. 
 
 Address, 
 
 Solicitors for the petitioners.
 
 126 
 
 FORMS. 
 
 To [na)J^e the persons to he served imrsuant 
 to the above section^. 
 
 An affidavit of service of this notice on the 
 trustees tmist he iwoduced at the hearing if 
 the trustees do not appear {Order 16). 
 
 4'dv^'^r^^' ^^'^^ folloicing form is one of the Forms given 
 ment. in the Aj^pendix to the Orders {No. 13), and is 
 
 required to he used. 
 
 [Title same as petition, Form 1, aiite.] 
 
 By direction of the Master of the Eolls 
 
 {or the Yice-Chaiicellor ), notice is 
 
 hereby given that an application by petition 
 has been made to the Court of the said 
 judge for a sale or for powers to gi*ant leases 
 of the above-mentioned hereditaments (or 
 otherwise according to the circumstances), 
 and the Court has directed the application 
 to be adjourned {or adjourned till ), 
 
 and any person, whether interested in 
 the estate or not, may on or before 
 apply to the said Court by motion for 
 leave to be heard in opposition to or in 
 supi)ort of such application. The petition 
 may be inspected on application to Messrs. 
 A. and B. of , the solicitors for the 
 
 petitioners. 
 
 25. Notice 
 of motion 
 for leav>- to 
 be heanl. 
 
 [Title as in Form 1, ante.^ 
 
 Take notice that this Honourable Court will 
 be moved before his Lordship , at , on 
 
 the day of ,187 , or so soon thereafter 
 
 as counsel can be heard by Mr. , as counsel 
 for L. M., of , in the county of , Esquire
 
 FORMS. 127 
 
 [(»• other description'\, that leave may be given 
 to the said L. M. to api)ear and be heard iu 
 opposition to [o/- in support of] the application 
 made to the Court in the above - ineutioued 
 matter. 
 
 Dated this day of , 18 . 
 
 C. D., of 
 
 The solicitor for the said A. B. 
 To Messrs. A. & B. of , 
 
 The solicitors for the petitioners. 
 
 This Court doth order that the said L. M. be -'^'- ^'^'^''''■ 
 at liberty to ui)pear and lie heard in opposition 
 to [or in support of] the ai)plication made to 
 the Court by the said petition. 
 
 If the motion for leave to he heard has heen made 
 ex parte, add the terms as to costs on ivhich the 
 order is made. 
 
 [Title of petition.] 27. Sec. 32 
 
 I, A. B., of [address and descrij)tion], make tiiat noap- 
 oath and say as follows : riication 
 
 1 T > • • /. 1 1 made to 
 
 1. 1 nave perused tlie petition preferred ni this Parliament 
 matter by [yiames of petitioners], to her Majesty's 
 
 High Court of Justice, on the day of 
 
 18 , imder the provisions of the above-mentioned 
 
 Act. 
 
 2. Neither the said petitioners nor any or 
 cither of them, nor any other person entitled to 
 or interested in the hereditaments mentioned in 
 the title or heading of the said petition, have or 
 has heretofore applied to either House of Parlia- 
 ment for a private Act to eft'ect the same or a 
 similar object to that for which the sanction of 
 this Honourable Court is prayed by the said 
 petition [or as may he]. 
 
 3. [Shoiu means of knon'led(je.]
 
 128 
 
 FORMS. 
 
 2S. Sl 
 
 Notir 
 
 iuilor: 
 
 ■ed. 
 
 And let notice of this order be in('lorsed upon 
 the probate of the will of the said [o7' the 
 said indenture of settlement]. 
 
 [Fegis(ratio7i tvliere necessary.'] And let a 
 duplicate or memorial of this order be registered 
 in the Registry of Deeds, in the county of 
 
 Or, And the Court being of opinion that it is 
 not practicable or expedient that notice of this 
 Order should be recorded on the settlement or 
 otherwise, doth direct that no record of this 
 Order need be made. 
 
 See Xo. 23 of the Orders r/ 1878. 
 
 20. Sec. 34. 
 Application 
 of money 
 
 ••irising out 
 <)f mining 
 leases. 
 
 Let all money to be set aside out of the rents 
 or payments to be reserved on any such leases as 
 directed by the said Act, be paid to the trustees 
 \or trustee] fur the time being of the said will 
 [or settlement]. 
 
 Or be paid from time to time, within, &c., 
 after, &c., paid by the lessee or respective lessees 
 into Court, to the credit of Ex ixirte \iiame 
 
 of the applica)d\ in the matter of the Settled 
 Estates Act, 1877, " money set aside out of the 
 rents reserved on the leases of the settled estates 
 of," ttc. 
 
 Siic. 35. And let the said trustees apply the same to 
 some one or more of the purposes mentioned in 
 the 34th section of the said Act, without any 
 application to the Court. 
 
 T,\. Sec. 3C. 
 Illteiilii 
 illve^stIneIlt 
 ."iiicl pay- 
 ment of 
 income. 
 
 And, until such money can be applied to one 
 or more of the purposes mentioned in the said 
 Act, let the same be from time to time invested 
 by such trustees \or trustee] in the purchase of 
 \(uiy one of the investments authorized 
 for cash under the control of the Court]. And
 
 FORMS. 129 
 
 let the interest during the life of the petitioner 
 
 [the )ierson who woulil hare been entitled to 
 the rents and /,rofits], to accrue due on the 
 [name of incesttnent] as to be purchased, be from 
 time to time as the same accrue due paid to the 
 said petitioner 
 
 Or if payment info Covrt ordered. 
 
 And let, until, <fec., \_as above'], the said sums, 
 when so respectively paid into Court, be laid out, 
 tkc, in trust in the said matters the like account, 
 and let the interest, itc. [as above] 
 
 Or i(pon a sale. 
 
 And let, until the said money can be so ap- 
 plied, the said trustees from time to time invest 
 the same, or the unapplied portion thereof for the 
 time being, in the purchase of [natne of 
 
 stock], in the names of the said trustees, and re- 
 ceive the interest thereof, and pay the same to, 
 &c. [the person entitled to the rents and />roJits], 
 [or apply the same upon the same trusts and 
 subject to the same powers and provisions in all 
 respects as are contained in the said will or set- 
 tlement concerning the rents and profits of the 
 said estate hereby directed to be sold]. 
 
 Let the costs and expenses of the petitioner 32. Sec. 41. 
 and of the said [trustees and other parties], ^'"'^^^ 
 
 of and incident to this application, be taxed by 
 the taxing master. And let the amount thereof, 
 when so taxed, be raised and paid by the said 
 trustees out of any funds that may now or here- 
 after be in their hands subject to the trusts of the 
 said will [or settlement]. 
 
 Or be a charge on the said hereditaments. , 
 
 Or be a charge upon the lands, situate at 
 being hereditaments incliuleil in the same settle- 
 ment, and subject to the same limitations. 
 
 Or be raised by sale or mortgage of a sutticient 
 
 G 3
 
 130 
 
 FORMS. 
 
 part of the said hereditaments, with the approba- 
 tion of the judge. And in case the same shall be 
 raised by mortgage, let such mortgage be settled 
 by the judge, and be executed by all necessary 
 parties as tlic judge shall direct. And let 
 [tenant for life or trustees'], keep down the interest 
 of such mortgage. And let the money to arise 
 by such sale or mortgage be applied in payment 
 of such costs. 
 
 Or be paid out of the rents and profits of the 
 said hereditaments. 
 
 Or on a sale — Let the petitioner be at liberty 
 to apply at chambers for payment of such costs 
 out of the purchase-money. 
 
 And see th" order in ReHurle's Settled Estates, 
 2 //. & M. 204. 
 
 .|3. Sec. 40. The tvjo folloiving fomis are included in the Ap- 
 monsfor pendix to the Orders of 1878 [Nos. 5 (6 G), and 
 m'ent of" ^''^ required to he used. 
 
 guardian r m- i d • • 
 
 and leave to [Title same as Petition, Form l,ante.\ 
 
 apiily or 
 consent. 
 
 Let all i^arties concerned attend at my 
 Chambers at , on , at 
 
 o'clock, on the hearing of an application on 
 the part of [tlie peAitioners]. 
 
 That A. B. or some other proper person 
 may be appointed guardian of C I)., an 
 infant, and that E. F. or some other proper 
 person may be appointed guardian of G. H., 
 an infant, for the purpose of making on 
 behalf of such infants [or consenting on 
 belialf of such infants to] an application 
 proposed to be made by a petition presented 
 on the day of , by the above-
 
 FORMS, 131 
 
 iiiimed applicants tor an Order in accord- 
 ance with the pra^'er of sucli petiti(jn, and 
 (in case the infants are tenants-in-tail) that 
 such guardians may be directed to make [or 
 consent to] such application. 
 
 Dated this 
 
 This summons was taken out by , 
 
 of , solicitors for the applicants. 
 
 Let all parties concerned attend at my 34 f^,,,,,. 
 Chambers at , on , at numsfn.- 
 
 clock, on tlie Jiearnig 01 an application on n"-"* '^'f 
 the part 01 [the 2)ctitioiiiTs\. 1,. sencci 
 
 Tliat \. B. or some other proper person !^''|i,\'Vnr""' 
 may be api)ointed guardian of C. D., an in- ieavito 
 
 r i 1 4.1 i xn -L^ i.1 .loliver noli- 
 
 lant, and that Jii. Jb . or some other proi)er ikation. 
 person may be appointed guardian of G. H., 
 an infant, for the i)urpose of being served 
 with a notice requiring them on behalf of 
 such infants, witliin clear days after 
 
 service thereof, to notify Avhether they as- 
 sent to or dissent from an application pro- 
 posed to be made by a petition presented 
 on the day of by the above- 
 
 named api)licants for an Order in accord- 
 ance with the prayer of such petition, or 
 submit the infants' rights or interests so far 
 as they may be affected by such application 
 to be dealt with by the court, and (in case 
 the infants are tenants in tail) that such 
 guardians may be directed to notify that 
 tiie}', on belialf of such infants, assent to 
 [or dissent from] such application [or sub- 
 mit the infants' rights or interests, so far
 
 132 
 
 FORMS. 
 
 as the_Y may be affected by such application, 
 
 to be dealt with by the Court]. 
 Dated this day of 
 
 This summons was taken out by 
 
 of , solicitors for the applicants. 
 
 For the evidence to he 'prodaced in support 
 of these summnnses respccticeli/, see Orders. 
 10 it 12, (Did the StDuiiuiri/ of the Practice. 
 
 35. Orders 
 OH the 
 toregoin;; 
 
 .SUlllHKillseS 
 
 Tliis Court doth appoint A. V>. guardian of C. D.^ 
 an infant, and E. F. guardian of (J. H., an infant, 
 for the purpose of making on behalf of such 
 infants \_or consenting on behaif of such infants 
 to], the application proposed to be made by the 
 said petition. 
 
 In the cofte of infants tenants in tail add : 
 
 And doth direct that the said A. B. and E. F» 
 be f>t liberty to make [_or consent to] such appH- 
 cation. 
 
 Or — This Court doth appoint A. B. guardian 
 of C. D., an infmt, and E. F. guardian of G. H., 
 an infant. 
 
 And let tlie said \_pHltl(mers\ be at 
 
 liberty to serve notices of the application pro- 
 ])osed to be made by the said petition on the 
 said A. B. and E. F. 
 
 And let the said A. B. and E. F. within 
 clear days after service upon them of such notices 
 respectively notify whether they assent to or 
 dissent from tlie said application, or submit the 
 infants' rights or interests respectively, so far as 
 they may be affected by the said application, to 
 be dealt with by the Court. 
 
 /// tlte case of infants tenants in tail, add : 
 
 And this Court doth direct that the said A. B.
 
 FORMS. 133 
 
 and E. F., do notify, tliat thev, on the behalf of 
 snch infants rospt'ctivcly, assent to \_or dissent 
 from] the said application [or snbniit the infants' 
 rights or interests respectively, so far as they 
 may be aft'ected by such application, to be dealt 
 with by the CourtJ. 
 
 In Lunacy. so. proposal 
 
 of coin- 
 
 In the .Ua((er of \. B., a Lunatic. initteeto 
 
 •' ' make or 
 
 -I J r> 7 ^ T-v T ''""sent to 
 
 The State of lutcts and Proposal of C. D., the an api.iica- 
 committee of the estate of the said A. B. ild'aifof a 
 
 1. By an inquisition taken at , on the lunatic. 
 day of , the above named A, E. was 
 
 fomid to be a person of unsound mind [folloiv the 
 words of the inquisition^ 
 
 2. The above-named C. D. was, by an Order 
 dated the of , committed with the 
 cai"e and management of the estate of tlie said 
 A. B. [follaio the u'ords of the order appointing/ 
 hini]. 
 
 3. The said A. B. is entitled {inter alia) \\ni\.cv 
 a settlement dated , and made between 
 
 \or under the will dated of deceased], 
 
 to certain hereditaments situate at , in the 
 
 parish of , and county of \or to an 
 
 interest in certain hereditaments itc, specifying 
 the nature of it\ 
 
 4. A petition has been presented entitled in 
 the matter of the hereditaments hereinbefore 
 mentioned, and in the matter of the Settled 
 Estates Act, 1877, by [the petitioners' 
 names^, whereby it is proposed to apply to his 
 Lordship the Master of the Bolls, [or the Vice- 
 Chancclior ], for an order that [follow the 
 prai/er of the petition]. The said petition has 
 been served upon the said C. D. as committee of
 
 134 FORMS. 
 
 the said A. B. [or, uotice of the said petition 
 has been served, etc.] 
 
 5. [jillegations as to the expediency or otherwise 
 of the order applied for by the petitioners, 
 as in Form 2]. 
 Or, if the committee proposes to jyresent the jyeti- 
 tioii on heha/f of the lunatic 
 
 4. \_Allegations as to the expediency or other- 
 
 wise of a lease or sale of the liereditaments 
 hereinbefore mentioned.'] 
 
 5. For the purpose of carrying into effect such 
 lease \or sale], it will be necessary to make an 
 application to the Court by petition under the 
 Settled Estates Act, 1877. 
 
 The said C. D. therefore proposes — 
 
 That he be directed to make [or consent to, 
 or oppose] the said application \or deliver 
 a notification in reply to the said notice 
 so served upon him as aforesaid, notify- 
 ing that he consents to, or intends to 
 oppose, the said application.] 
 
 And the said C. D. craves leave, etc. 
 
 :5r. Six ciai Jn the Matter of A. B. a Lmxaiic. 
 
 Lunacy. To the Itight Honourable the Lord High Chan- 
 cellor of Great Britain. 
 
 Whereas \state the effect of the committee^ s p7'0- 
 posed]. 
 
 Now I direct that the said C. D. be at 
 liberty to make [or consent to, or oppose] the 
 said application [or to deliver a notification 
 giving his consent to, or notifying that he in- 
 tends to oppose, the said application]. 
 
 All which I humbly certify to your Lordship. 
 
 This report when indorsed by the judges having
 
 FOUMS. 
 
 135 
 
 jurisdiction in Innncy fot-ms the aullujvitif of the 
 committee to act in the proceed iuffs in the Chancery 
 Division of the High Court (Order 11). 
 
 The following five forms are included in the '^^jj^"^"- ^^ 
 Appendijc to the Orders of 1878 [Nos. 7 <o 11 Kxamination 
 inclusive), and are required to he used. "vomt-n"'^' 
 
 [^Title same as 2)etition, Form 1, antej] 
 
 nlK-.st. 
 
 The petitioners , in a petition pre- xamc such 
 
 sented in these matters on the day TOiuirea to 
 
 of , request that A. B. of, &c. [C. D. '^!';Z^x 
 
 of, &c. and E. F. of, &c.], being a solicitor wointn who 
 
 ^^ . . urc to 1)0 
 
 \or solicitors], and a perpetual commissioner examined. 
 [or perpetual commissioners] to take the ac- 
 knowledgment of deeds by married women, 
 may be appointed for the purpose of any or 
 either of them examining the petitioners G. 
 the wife of H. I. and K. the wife of L. M., 
 and N. the wife of O. P., of, kc, respec- 
 tively touching their knowledge of the nature 
 and eft'ect of the application intended to be 
 made by the petition, and to ascertain 
 whether they the said G.I. and K. M. respec- 
 tively freely desire to make such applica- 
 tion, and whether she the said N. P. freely 
 desires to consent to such application. 
 
 AVe, the solicitors for the petitioners, 
 hereby certify that neither of them, the said 
 A. I)., C. D.', and E. F., is the sohcitor for 
 the petitioner, or for any party whose con- 
 currence or consent to the application is 
 required.
 
 13G FORMS. 
 
 Dated this day of 
 
 A. and B. solicitors for the 
 petitioners. 
 Address. 
 The Master of the Eolls [or the Vice- 
 Chaiicellor ] appoints the said 
 
 for the pui-poses mentioned in the above 
 request. 
 
 E.F. 
 
 Chief Clerk. 
 
 IllOUii. 
 
 :!n. Sum- \_Tltle same as petition, Form 1, ante. 
 
 Let all parties concerned attend at my 
 Chambers at on at o'clock, 
 
 on the hearing of an apj^hcation on the part of 
 the petitioners in a petition presented 
 in this matter on the day of , that 
 
 A. B. of, &.C., and C. D. of, &c. [and if the 
 married iDomen are u-itJtiii tJie jurisdiction, 
 add heing solicitors] be appointed for the 
 purpose of any or either of them examining 
 the petitioners G. the wife of H. I., and K. 
 the wife of L. M., and N. the wife of O. P., 
 of, &c., respectively touching their knowledge 
 of tlie nature and effect of the apj)lication 
 intended to be made by the said petition, 
 and to ascertain whether the^^ the said G. I. 
 and K. M. freel}- desire to make such ai:)i)li- 
 cation, and whether she the said N. P. freely 
 desires to consent to such application. 
 
 Dated this da}' of 
 
 This summons was taken out by , 
 
 of , solicitors for the applicant.
 
 FORMS. 137 
 
 [Tiile same as Petition, Form 1, ante.] 
 
 The e\ainiiiatl(Hi of the petitioner G. the ;^_^-jj^^*""- 
 Avife of II. I., and K. the wife of L. M., and 
 of N. the wife of (). P. of* 
 
 We, the said (r. I., K. M., and N. P., 
 having' heen this day respectively examined 
 apart from onr respective liushands touch- 
 ing our knowledge of the nature and effect 
 of an application intended to be made to the 
 High Court of Justice by a petition pre- 
 sented in this matter on the day of 
 by us the said G. I. and K. IM. and others, 
 for answer thereto severally say that we are 
 aware of the nature and effect of the said in- 
 tended application, and we the said G. I. 
 and K. M. severally freely desire to make 
 such application, and I, the said N. P., 
 freely desire to consent to such application. 
 As witness our hands this day ot 
 
 "Witness to the sig-\ 
 
 nature of the said I 
 
 G. L, K. M.,and[ 
 
 N. P. j 
 
 Q. R., 
 
 Address. 
 
 * Insert the nnmcs of all who can be conveniently 
 examined by the same person and at the same time. 
 
 [To be at the foot of the above Examination.'] 41. Certifi- 
 cate of exa- 
 
 I, the undersigned A. B., being the person '""^ ""'' 
 appointed by the Master of the Polls [or the 
 Vice-chancellor ] for the pui-pose of 
 
 examining the above-ujimed G. the wife of
 
 138 
 
 FORMS. 
 
 H. I., K. the wife of L. M., and N. the wife 
 of O. P., hereby certify that I have this 
 clay of examined the said G. I., K. M., 
 
 and N. P. apart from tlieir resjoective hus- 
 bands touching their knowledge of the natm-e 
 and eft'ect of the application intended to be 
 made by the petition above referred to, and 
 I have taken such examination in Avriting 
 as above set forth, and I further certify that at 
 the time of such examination I explained to 
 them the nature and effect of the said applica- 
 tion, and I am satisfied that they were aware 
 ot the nature and effect of such application, 
 and that they the said G. I. and K. M. 
 freely desu'e to make the said application, 
 and that the said N. P. freely desires to 
 consent to the said application. 
 
 42. Affidavit \ Title same as Petition, Form 1, ante^ 
 
 verifying '- ' ' J 
 
 exanima- 
 tioii. 
 
 I, Q. E. of , make oath and say 
 
 that I was present and did see G. I., K. M., 
 and N. P. respectiveh' named in tlie above 
 petition, sign the examination or jiaper 
 writing annexed hereto and now produced 
 and shown to me marked A, and that the 
 signatures G. L, K. M., and N. P. attached 
 thereto are respectively the j^roper hand- 
 writings x3f G. the wife of H. I. of , 
 K. the wife of L. M. of , and N. the 
 wife of O. P, of . And I further say 
 that I was present and did see A. B. sign 
 the certificate or paper writing annexed 
 hereto and now produced and shown to me 
 marked B, and that the signature A. B.
 
 FORMS, 139 
 
 attached thereto is the proper handwriting 
 of A. B. ofii-c. And I say that the signa- 
 ture (^. R. attached to the said paper 
 writings as a witness is my handwriting. 
 
 The folloidng tvas tJie order mnde in Re Boyd's *3- 9'"'^?'" '" 
 Settled Estates (S //•. R. E<i. 7G), and shows flie settM * 
 arrangement of an intricate order under the -t^'w'**'- 
 Act. 
 
 The Court being of opinion that it is proper 
 and consistent with a due regard to the interests 
 of all parties entitled imder the said will of 
 H. B. deceased, datctl , that a lease of the 
 
 premises in the title hereof mentioned, being 
 part of the settled estates comprised in the said 
 will in conformity with the terms contained in 
 the proposal of the said M. «t G. dated , 
 
 should be authorized, subject as hereinbefore 
 mentioned, and the said F. B., by his counsel, 
 in open Court, so consenting, 
 
 The Court doth authorize a lease to be exe- 
 cuted accordingly. 
 
 And let power to grant such lease in con- 
 formity with the said Act be vested in the 
 petitioner H. M. B. 
 
 And let the same be granted for a term of 
 40 years from the day of , 1870, 
 
 at the several yearl}' rents of £ (or at the 
 
 option of the lessor the royalties in the said con- 
 tract mentioned) £ and £ , subject as 
 to all of the said premises to the clause of sur- 
 render upon the terms stated in the said pro- 
 posal, but such lease is to be subject to the 
 provisions and restrictions in the said Act con- 
 tained, and in addition thereto is to contain such
 
 140 FORMS. 
 
 covenants, conditions, and stipulations as the 
 judge shall ajjprovc, and is to be settled by the 
 judge. 
 
 Let three-fourths of the said rents (or of the 
 aforesaid royalties and rents as the case may be) 
 be set aside and invested as directed by the said 
 Act, and let all money to be so set aside be paid 
 to two tnistees to be appointed at chambers and 
 named in the said leas", upon the trusts and for 
 the purposes mentioned in the said Act. 
 
 Let the same be from time to time invested 
 by such trustees in the purchase of , in 
 
 their names and during the minority of the said 
 H. H. B. the minor. 
 
 Let the interest or dividends to accrue on the 
 said stock be from time to time as same accrues 
 due paid into Court with the privity of the 
 Accountant-General of the Court of Chanceiy to 
 the credit of the account entitled in his books 
 "In the Matter of C. E. B. and H. H. B. 
 minors." 
 
 Let notice of this order be endorsed on the 
 probate of the said will of H. B. deceased. 
 
 Let two proper persons be appointed at 
 chambers to be trustees for the purposes afore- 
 said. 
 
 And this Court doth declare the petitioner 
 entitled to her costs and expenses properly and 
 necessarily incurred of and incident to the said 
 petition, this order thereon, and the proceedings 
 incident thereto, including the proceedings con- 
 nected with the approval on behalf of the said 
 petitioner of the lease so to be executed. 
 
 And the Court doth also declare the said 
 F. B. entitled to his costs of the said application 
 and this order thereon. 
 
 And refer it to the Taxing Master to tax the 
 same. 
 
 And let the amount thereof when so taxed be
 
 FORMS. 141 
 
 paid out of the rents and profits of the heredita- 
 ments of the said minor II. 11. 15. included in the 
 said will by the receiver over the said H. H. B.'s 
 estate, and out of such moneys as may be iu his 
 hands as such receiver.
 
 FORMS OF CONVEYANCES. 
 
 sewf^^fa^'^ A lease granted under the order of the Court 
 by virtue of sees. 4 — 15 of the Act "svill neces- 
 sarily depend for its form upon the particular 
 circumstances of the case, and the particular 
 covenants, conditions, and stipulations imposed 
 by the Court (sec. o). A simple lease under sec. 4 
 will not vary much from the common form of 
 lease of an analogous character. The limitations 
 of the will and settlement must be recited, as well 
 as the terms of the order of the Court. The 
 testatum will contain the words, " in pursuance 
 and by virtue of the said order, dated, ifec, and 
 in consideration, &c." The covenants will be in 
 the same form as in a lease under sec. 46 (see 
 2)ost), and will be followed by the same proviso 
 if the lease is executed by the tenant for life. 
 But if under sec. 1 2 another person is appointed 
 to execute the lease as lessor, he will only give 
 the modified covenants given by trustees or mort- 
 gagees. 
 Conveyance A conveyance upon a sale under sec. 1 G of the 
 ons-iie. ^^^ ^^^ ^^|,g effect either, (1) as if under a 
 power of sale contained in the settlement, or (2) 
 by way of revocation and ajipointment {sec. 22). 
 A form of conveyance in the first-mentioned 
 manner will be found in Davidson, vol. 2, part 1 
 (4th ed.), p. 411; in the second manner in 
 Fridecmx (8th ed.), vol. 1, p. 3G2. 
 
 The deed must recite the limitations of the 
 will or settlement ; the agreement (if any) for 
 sale ; the order of the Court authorizing the 
 sale ; payment of purchase-money into Court ; 
 approval of the draft conveyance.
 
 FORMS. 113 
 
 The testatum in the former of the above-men- 
 tioned cases contains nothing special. In the 
 latter case it runs as follows : — 
 
 " In pursuance of the said order in this behalf, 
 and for the purpose of carrying into eft'ect 
 the said sale, and in consideration of the 
 said siun of £ , paid by the said C. D. [pio'- 
 cfutser] as hereinbefore is mentioned, he the 
 said A. B. [tenant for life], in exercise of the 
 power for this purpose conferred upon him 
 by the said Act, and of all other powers (if 
 any) him hereunto enabling, Doth hereby 
 revoke all the uses, trusts, and provisions by 
 and in the said will of the said X. Y. de- 
 clared and containetl concerning the farm, 
 lands and hereditaments hereinafter de- 
 scribed and intended to be liereby assui'cd, 
 and doth hereby appoint that all [parcels 
 and f/eneral words, omitting " all the estate^' 
 c^ause^^ shall from and immediately after the 
 execution of these presents go, remain, and 
 be to the \ise of the said C. D., his heirs 
 and assigns for evei'." 
 The tenant for life, if he execute the deed, 
 ■will give covenants for title in the follow^ing 
 form : — 
 
 " And the said A. B. to the extent only of his 
 life estate, or other estate in the said pre- 
 mises under the said will of the said X. Y., 
 or otherwise, howsoever, and not further 
 or otherwise, d(jth hereby for himself, his 
 heirs, executors, and administrators, covenant 
 with the said C. D., his heirs and assigns " 
 [for right to convey ; (juiet enjoyment ; free- 
 dom from incumbrances, and furtlier assur- 
 ance, in the common for m^. 
 If, however, a person other than the tenant 
 for life executes the conveyance (sec. 22), he will
 
 l-i'l FORMS. 
 
 only give the covenant usually given by trustees 
 or mortgagees. 
 ^eTto"'''^'^'^ For a form of lease by a tenant for life under 
 sec. 46, see Woo'ffaU, Landlord and Tenant (9th 
 ed.), p. 1022. The form of such a lease does not 
 differ very materially from that of an ordinary 
 lease, and contains only the following special 
 parts. The recitals should show clearly the 
 lessor's title as tenant for life within the mean- 
 ing of the section. The operative words run 
 thus : — 
 
 " He the said A. B. [h'ssor] doth by these pre- 
 sents made in exercise and execution of the 
 power vested in him under and by virtue of the 
 Settled Estates Act, 1877, and of all other sta- 
 tutes, powers, authorities, estates, rights, and 
 interests in anywise enabling him in this behalf, 
 Arc." [proceed as in common forvi\. 
 
 The lessee's covenants should be made with 
 the lessor, " and his assigns," and the usual 
 lessor's covenants should be followed by the 
 following proviso : — 
 
 " Provided always, and it is hereby agreed and 
 declared, that neither the heirs, executors, or 
 administrators of the said A. B. (but only his as- 
 signs) shall be liable for any breach of the above 
 covenants happening after the death of the said 
 A. B. And it is hereby declared and agreed, that 
 ■whenever the assigns of the said A. B. are here- 
 inbefore mentioned, such word ' assigns ' shall be 
 constnied and deemed, and taken to include, the 
 persons or person for the time being entitled to 
 the reversion of the said demised premises imme- 
 diately expectant upon the determination of the 
 said lease hereby granted, unless there be some- 
 thing in the sul)Ject or context repugnant to 
 such construction."
 
 INDEX 
 
 ACCRUER, 
 
 interest arising by way of, maybe "settled estates" withia the 
 Act, 4 
 
 ADVERTISEMENTS, 
 
 " if the Court shall so direct, but not otherwise," 39, 78 
 order as to, 95 
 form of, 126 
 
 AGRICULTURAL LEASE, 
 
 may be authorised for 21 years in England, 35 years in Ireland, 6 
 not to be extended on ground of a custom of the district, (i 
 
 BANKRUPTS 
 
 represented by their trustees in proceedings under the Act, 6^, 7 3 
 
 "BEST RENT," 
 
 must be reserved on every lease, 8 
 what is, 9, 58 
 
 BUILDING LEASE, 
 
 may be authorised for 99 years, 6 
 for longer terms by the custom of the country, 7 
 smaller rent may be made payable during the first five years, 9 
 contracts for, not identical with those sanctioned by the Act, 
 cannot be canied into efifect, 9 
 
 COMMITTEE, 
 
 of lunatic represents him in proceedings under the Act, 59, 
 
 mode of procedure, 72, 90-92 
 
 forms of proposal and repoi't, 133, 13-t 
 
 H
 
 14G INDEX. 
 
 CONDITIONS, 
 
 of re-entry to be containeil in every lease, 11 
 
 special, may be insei-ted, 11 
 
 €.,'/., of making roads, 12 
 
 as to consents to be obtained on the exercise of leasing powers, 14 
 
 that leases be settled by the Court need not be inserted in the 
 
 order, 17 
 where inserted, may be struck out, 18 
 application for striking out made on motion, 19 
 in lease by tenant for life, 55, 56 
 form of order, striking out condition, that lease be settled by the 
 
 Court, 117 
 notice of motion, 117 
 
 CONSENT, 
 
 condition as to, in order granting leasing powers, 16 
 
 whose required, 30, 31, 70 
 
 may be dispensed with in certain cases, 33, 77 
 
 or having regard to the number and interests of the parties, 
 36 
 petitionmaybe gi-anted saving rights of non-consenting parties, 37, 77 
 
 COPYHOLD.^, 
 
 may be " settled estates" within the Act, 4 
 licenses to tenants of, to grant leases, 13 
 enfranchisement on sale, 20 
 monies in Court applied in enfranchisement, 43 
 rights of lords of manors saved, 65 
 
 COSTS, 
 
 how raised, on application under the Act, 50 
 
 by mortgage, 51 
 forms of orders as to, 129 
 scale of fees and allowances, 82, 104 
 
 COUNTERPART 
 
 of lease to be executed by the lessee, 11 
 
 evidenced by the execution of the lease liy the lessor, 59 
 
 "COURT," 
 
 interjiretation of, in England, 5 
 Ireland, 5 
 of Ciiancery of the County Palatine of Lancaster, 5, 53 
 Landed Estates Court, 5, 54 
 
 COVENANTS, ETC., 
 
 special covenants in lease, 11 
 in lease by tenant for life, 55
 
 INDEX. 147 
 
 CUSTOM OF THE DISTRICT, 
 
 to grant leases for longer terms than those authorised ]>y the Act, 
 
 provision ;is to, 6 
 agricultural Iciises excepted, 6 
 instances of leases for i»'.i9 and 600 years, 7 
 allegations in petition as to, 111 
 
 DEDICATIONS, 
 
 for streets, kc, may he authorised, 25 
 
 in what cases the Court will sanction, 26 
 
 plans of, 2t> 
 
 expenses of, how providcil f<»r, 26 
 
 wlio to execute tlie deed, 27 
 
 effect of deed authorising, 27 
 
 forms of orders authorising, 120 
 
 DEED, 
 
 lease must bo by deed, 11 
 
 of lease, by whom to be executed, 14 
 
 operation of deed executed by lessor appointed by the Court, 1 5 
 
 of conveyance, person directed to execute, 27 
 
 operation of deed of conveyance, 28 
 
 on whom binding, 28 
 
 lease by tenant for life must be by deed, 55 
 
 evidenced by counterpart, 59 
 
 forms of, 1-12 144 
 
 EASEMENT, 
 
 lease of, for 40 years may be authorised, 5 
 
 ENFRANCHISEMENT, 
 
 of copyliolds on sale, 20 
 
 monies in Court may be applied in, 41 
 
 EQUITABLE CONVERSION, 
 
 lands equitably converted maybe "settled estates" within the 
 Act, 4 
 
 EQUITY OF REDEMPTION, 
 
 may be a "settled estate" within the Act, 4 
 
 EVIDENCE, 
 
 on aiiplication to authorise lease, 14, 76 
 
 sale, 76 
 on appiiintnicut of guaidian to infant, 72, 01 
 generally, 'J4 
 
 II 2
 
 14S INDEX. 
 
 EXA:\[IXATI0N. Scc MAuniED Women. 
 
 EXCHAXGES 
 
 Dot iachuled within the Act, 22 
 
 FEE FARM RENT 
 
 reservei-l on a sale, 2i 
 
 FEES, 
 
 special, 82, lOi 
 
 FORMS, 
 
 in Appendix to the Orders of 1878, must be followed, 82, 103 
 
 GUARDIAN, 
 
 of infant appointed under the Act, 59, 88 
 
 who appointed, and at what stage of the proceedings, 
 
 forms of summons for appointment of, 1-30, 131 
 
 order, 132 
 evidence on appointment, 72, 91 
 special directions to, SO 
 
 HEARIXG 
 
 of the petition, 75, 84 
 
 IXDORSEMENT ON DEED, 
 
 of notice of general powers of granting leases, 16 
 on a settlement or other deed of title, It), 40, 100 
 foi-m of order directing, 1 28 
 
 INFANT, 
 
 leases of lands belonging to, under 1 Will. IV. c. G'>, 8 
 l^rovisions as to appointment of guardian for, 59, 71, 88-92 
 tenant-in-tail, consent of i:)ersons having interests subsequent to 
 
 that of, dispensed with, 33 
 how served with notice, 34 
 And see Guardian. 
 
 IXYE.=^TMENT, 
 
 interim, of monies in Court, 45, 81 
 
 in certain cases at discretion of the Court, 46 
 
 orders for, 128, 140 
 
 IRELAND, 
 
 definition of "the Court" in Ireland, 5 
 Court of Chancery of, 5
 
 INDEX. 140 
 
 IRELA'SD — roiidnKal. 
 
 L'lndeil Est;it«s Court in, 5, 54 
 
 agricultural or occupation leases may be authorised for 35 
 
 yeare, 6 
 rules and orders for, liow nia^le, 52 
 
 leases 5jy tcnants-for-lifc in, may be made for 35 years, 55 
 application of monies in, 41 
 
 JURISDICTION, 
 
 where the settlement contains adequate powers, 19, 47 
 
 objection on the ground of excess of, raised by summons, 50 
 
 repeated exercise of the powers of the Act, 47, 70 
 
 not where expressly negatived, 47, 69 
 
 none, where the settlor could not have exercised such powei's, 4S 
 
 exercise of, confere indefeasible title, 49 
 
 concurrent, of the Chancery Court of Lancaster, 53 
 
 of the Landed Estates Court in Ireland, 54 
 general remai-ks an to, 69 
 
 LANCASTER, 
 
 Court of Chancery of the County Palatine of, to have concurrent 
 jurisdiction under the Act, 5, 53 
 
 LANDED ESTATES COURT 
 
 in Ireland to have concurrent jurisdiction under the Act, 5, 54 
 
 LEASES, 
 
 of settled estates may be authorised, 6 
 
 must be strictly in accordance w ith the provisions of the Act, 7 
 
 upon surrender of an existing lease, 9, 12 
 
 power to authorise, is not a general but a modified power, 7 
 
 how far lease may authorise the felling of timber, 11 
 
 extent of lease, 12 
 
 particular lease, 13 
 
 leasing powers, 15, 16 
 
 need not be settled by tiie Court, 17 
 
 by tenant for life, 55 
 
 against whom valid, 59 
 
 evidence of, by counterpart, 59 
 
 forms of petitions for, l(i9-113 
 
 orders ai t'lorising, 115, 116 
 
 leases, 142, 144 
 
 LEASING POWERS, 
 
 party taking lease under, must investii^ate title, 8
 
 150 INDEX. 
 
 LEASING VO\XERB-cont!,tuc'L 
 may be vested in trustees, 15 
 
 not ^iven where all necessai-y consents cannot be obtained, 15 
 evidence on application for, 16, 76 
 general, vested in triistees, 15 
 powers of granting mining leases, IG 
 transfer of, 16 
 order vesting, form of, 116 
 
 LEAVE TO BE HEARD, 
 
 motion for, in reply to advertisements, 78, 98 
 foim of notice of motion, 126 
 
 order giving leave, 127 
 rules of Court as to, 98, 99, 100 
 
 LUNATICS, 
 
 committees of, may act for them in proceedings under the Act, 
 
 59, 72, 90, 92 
 application to j iirisdiction in lunacy necessary, 73, 59, 92 
 
 MANSION-HOUSE 
 
 cannot be leased, 7 
 
 MARRIED WOMEN, _ 
 
 sejiarate examination of, 61, 93 
 
 examination necessary when mai'ried woman is a minor, 62, 64 
 
 at what stage of the proceedings examination is taken, 62, 93 
 
 when examination is dispensed with, 63 
 
 within the jurisdiction, how examined, 63, 74, 93 
 
 out of the jurisdiction, how examined, 63, 74, 93 
 
 may consent whether of full age or not, 64 
 
 form of request and certificate, 135 
 
 summons for special examiner, 136 
 examination and certificate, 137 
 affidavit verifying examination, 138 
 
 MINES AND MINERALS, 
 lease of, 6 
 
 And see Mining Lease. 
 sale of, apart from the surface, 20, 25 
 excepted from sale, 24 
 forms of orders as to, 115, 119 
 
 MINING LEASE, 
 
 may be authorised by the Court for 40 years, 6 
 smaller rent may lie leserved during first five years, 9 
 portion of rent sot aside for the inheritance, 10
 
 INDEX. 1-31 
 
 MINING LEhiiK- conti, I anl. 
 
 may include .surface iiecessarj' for working, 10 
 
 and way leaves, 10 
 form.s of petition for, lUi, 112 
 order, 115 
 
 MONEYS ARISING FROM SALES, ETC., 
 
 petitions relating thereto, are not applications under the Act, 
 
 41, 80 
 may be paid to trustees, 41, 81 
 into Court, 41, 81 
 application of, 41, 81 
 
 without further order from the Court, 44 
 interim investment, 45, 81 
 forms of ordei-s relating to, 115, 128, 139 
 
 set aside on a le;i.sc of mines, &c.; for the Ijcnefit of the in- 
 heritance, 10, 41 
 
 NOTICE, 
 
 under sec. 2G, to persons who do not consent or concur, 33, 77, 86 
 summons for directions as to, 121 
 fonn of, 122 
 
 how served on person of unsound mind not so found by inqui- 
 sition, 34, 77, 87 
 
 infant, 34, 87 
 
 married woman, 34, 87 
 under what circumstances it may be dispensed with, 34, 35, 77, 79 
 must be sen-ed o.i ail trustees, 38 
 in newspapers, etc., 38, 78, 95 
 indoi-sed on title deeds, 40, 100 
 of petition, forms of, 122, 12.'), 126 
 
 NOTIFICATIONS, 
 Sec under Notice. 
 
 OCCUPATION LEASE 
 
 may be authorised for 21 yeai-s in England, and 35 in Ireland, 6 
 
 ORDER, 
 
 necessary parts of, 79, SO, 101, 102 
 drawing up, 80 
 form of, 139 
 
 ORDERS AND RULES, 
 
 mode of making;, under tlie Act, 51 
 to be laid before Parliament, 53 
 may be dispensed with, 82
 
 1 52 INDEX. 
 
 PARLIAMENT, 
 
 Iirior unsuccessful application to, for similar pui-pose a bar to 
 
 the exercise of the jurisdiction umlcr the Act, 39, 70 
 entails created by Act of, excepted, 65 
 affidavit of no prior aiiplication, 127 
 
 rARTICULAR LEASE, 
 
 may be approved by the Court, 12 
 reference to chambers, 13 
 
 evidence, 14 
 direction, what person shall be the lessor, 1-i 
 effect of lease, 13 
 form of order autliorising, 116 
 
 PARTIES TO A PETITION, 
 
 who are tlie pi-oper persons to petition, 28, 70 
 respondents, 30, 70 
 
 PEPPERCORN RENT, 
 
 may be reserved in mining, repairing, or building leases during 
 
 the first five years of the terra, 9 
 otherwise inadmissible, 9 
 
 PETITION, 
 
 wlio may present, 28, 70, 81 
 
 must identify the settlejl property, 29, 84 
 
 must be presented even where a cause is pending, 29, 30 
 
 with whose consent presented, 30 
 
 granted saving rights, 37 
 
 forms of, for lease or sale, 109, 113 
 
 proceedings for protection, 114 
 title of, 84, 1U9 
 
 POWERS OF LEASING, 
 
 )iee under Leasing Powers. 
 
 POWERS OF SALE, 
 
 whether the (Jourt has jurisdiction to give general powers 
 doubtful, 20 
 
 PRELIMINARY CONTRACTS, 
 
 ]nay be sanctioned by the Court, 12 
 
 if their terms are within those authorised by the Act, 9 
 
 terms of, may be varied in the lease, 12 
 
 allegations of, in petition, 110 
 
 order confirming' 116
 
 INDEX. 1.5.3 
 
 riiOCEEDINliS FOR rROTHCTIo.V, 
 Manctioneil !>>' the Ciuiit, '2'-}, 8"J 
 form of petition, 114 
 
 order sauctionin;', 119 
 
 REFERENCE, 
 
 to cliainl)ere of provisional a;;rcoment for a lease, 14, 70 
 
 to conveyancing cuunsul before graiitin;,' general i)0\vers of 
 
 leasing, 10 
 of conveyance to chamliers, 21 
 to clianibers on an order for sale, 21, 70 
 
 REMAINDER, 
 
 estates in, may he "settled estates" witliin tlic Act, 4 
 
 RENEWAL, 
 
 of leases on a surrender, 1 2 
 
 RENT, 
 
 " best rent," what is understood by the term, 9, .IS 
 value of surrendered lease taken into account, !•, 12 
 portion of, set aside for tlie inheritance, ll» 
 may l)e reserved as a consideration for a sale, 24 
 times of payment of, 57 
 
 REPAIRING LEASE, 
 
 may be authorised by the Court for GO yeai-s, 
 smaller rent may be reserved during the first five years of the 
 term, 9 
 
 REST()RIN(} TO THE PAPER, 
 
 after staudiii;,' over generally, 75, 8(5 
 
 REVERSION, 
 
 estates in, may be "settled estates " within tlie Act, 4 
 lea.se iu revei-sion cannot be authorised, 7 
 
 ROADS, 
 
 lease on condition of lessee's making, 12 
 
 cost of laying out raised by a sale of part of the settled 
 
 estiites, 19, 20 
 dedications of laud for, 25 
 what, may be autliorised. 26 
 money in Court applied iu nuking, 42
 
 154 INDEX. 
 
 S^VLE, 
 
 of settled estates and timber, jurisdiction to order, 19 
 
 conduct of, 22 
 
 order for sale may include other lands, 20 
 
 general iiowers of, whether they can be granted doubtful, 20 
 
 of minerals apart from surface, 20 
 
 form of order for, 118 
 
 practice on order made, 21 
 
 consideration for, may be a fee-farm rent, 24 
 
 form of conveyance on sale, 25, 1^2 
 
 SERVICE, 
 
 address for, 104 
 
 SETTING DOWN 
 
 of the petition for hearing, 75 
 
 "SETTLED ESTATES," 
 
 what lands are, within the Act, 3 
 examples of, 4 
 
 state of facts at the time of settlement taking effect is to deter- 
 mine what are, 4 
 
 SETTLED ESTATES ACT, 1856, 
 object of the Act, ii, 1 
 intention of the legislature in passing it, 1, 2, 28 
 
 SETTLEMENT, 
 
 definition of the word, 2 
 
 what limitations are not within the definition, 2, 66 
 
 examples of limitations which are within the definition, 3 
 
 SHORT TITLE 
 of the Act, 1 
 
 orders, 106 
 
 sta:\ips 
 
 in special cases, 82, 104 
 
 STANDING OVER, 
 
 generally, 75 
 
 SUCCESSION, 
 
 " limited to or in trust for any persons .'n succession " — meaning 
 of these words, 2
 
 INDEX. 155 
 
 SURRENDER, 
 
 lease may be gianteil upon sun-ender of an existing lease, 7 
 value of surrendered leiuse will i>e taken into account in deter- 
 mining what is " liest I'ent," 9, 12 
 of le.Tses for the i>uii)Ose of renewal, 12 
 notwithstiinding an uuexiiircd underlease, 12 
 
 TENANT FOR LIFE, 
 
 may present a petition under the Act, 28 
 
 lease by, i>i 
 
 who is. within section, 4C, of! 
 
 against whom leases by a, are valid, 59 
 
 deemed entitled notwithstanding incumbrances, C5 
 
 form of lease by. Hi 
 
 TENANT-IN-TAIL, 
 
 consent of, requisite, 30 
 
 infant, consent of persons subsequently interested may be dis- 
 pensed with, 33 
 
 must execute a disentailing deed before payment of monies out of 
 Court, 42, 43 
 
 TIMBER, 
 
 felling of, not to be authorised in order for a lease unless neces- 
 sary, 11 
 m.iy be sold, 19 
 but not ornamental timber, 19 
 
 TIME, 
 
 of settlement taking eti'ect to determine what is " settled estate " 
 
 within the Act, 4 
 how calculated, 84, 102 
 
 TITLE, 
 
 objections on, raised by swmmons, 50 
 
 indefeasible, acquired on conveyance under an order made in the 
 matter of the Act, 49 
 
 TRUSTEES, 
 
 leasing powei-s vested in, 15 
 
 exercise of such powers by, 15 
 
 provisions in the order for the appointment of new trustees, 16 
 
 for whom they can consent, 32 
 
 all trustees must lie served with notice, 38, 71 
 
 entitlcMl to inspection or copy of petition, 100 
 
 form of notice to, 120
 
 / 
 
 156 INDEX. 
 
 TRUSTEES— fo)i<(;( uciL 
 
 payment of monies to, 41 
 
 application of monies liy, without furtlier direction of the 
 
 Court, 44 
 order appointing, form of, IIG 
 
 UNDERLEASE, 
 
 does not prevent the lease being surrendered and a fresh lease 
 being authorised under the Act, although unexpired, 7 
 
 WASTE, 
 
 leases involving, may be authorised, G 
 felling trees not to be authorised by a lease, 11 
 tenants for life with license to commit, must set aside three- 
 fourths of the rent, 10 
 successive tenants for life without licence to commit waste, 10 
 
 WATER LEAVES, 
 
 lease of, for 40 years may be authorised, 6 
 
 WATER JIILLS, 
 
 lease of, for 40 years may be authorised, 6 
 
 WAY lea\t:s, 
 
 lease of, for 40 years may be authorised, 6 
 may be included in mining leases^ 1 
 
 THE END. 
 
 BRADBUUY, AONEW, & CO., PRINTERS, WHITEI T.I.MIS.
 
 February, 1879. 
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 Morgan's Acts and Orders, Fifth Edition. 1876. — 
 
 The Statutes, General Orders, and Rules of Court relating to the 
 Practice, Pleading, and Jurisdiction of the Supreme Court of Judi- 
 cature, particularly with reference to the Chancery Division, and 
 the Actions assigned thereto. With copious Notes. Fifth Edition. 
 Carefully revised and adapted to the new Practice by GEORGE 
 OSBORNE MORGAN, M.P., one of Her Majesty's Counsel, and 
 CHALONER W. CHUTE, of Lincoln's Inn, Barrister-at-Law, and 
 late Fellow of Magdalen College, Oxford. In 1 vol. Demy 8vo. 
 1876. \l. lOj. 
 
 " This edition of Mr. Morgan's treatise must, we believe, be the most popular with the 
 
 profission."— iaic Times, December 9, 1876. 
 
 " This new edition will maintain and enhance the high reputatioa deservedly gained 
 
 by tho original work."— Lair Mwjatine atul Review, February, is77. 
 
 Morgan and Davey's Chancery Costs. — Fick" Costs." 
 
 Peel's Chancery Actions.— A Concise Treatise 
 
 on the Practice and Procedure in Chancery 
 
 Actions.— By SYDNEY PEEL, of the Midtlle Temple, Esij., 
 
 Barrister- at-Law. Demy 8vo. 1878. 7». &d. 
 
 " To Chancery practitioners of both branches the volume will doubtless prove very 
 
 useful."— i<iui Tin.es, July 20, 1878. 
 
 CHURCH AND CLERGY.— Phillimore.— rK/e"EcclesiasticalLaw." 
 
 Stephen's Laws relating to the Clergy. — 2 vols. 
 
 Royal 8vo. 1848. 21. 18j. 
 
 CIVIL LAW. — Bowyer's Commentaries on the Modern 
 
 Civil Law.— By Sir GEORGE BOWYER, D.C.L., Royal 
 
 Svo. 1848. 18*. 
 
 Bowyer's Introduction to the Study and Use 
 of the Civil Law.— By Sir GEORGE BOWYER, D.C.L. 
 Royal Svo. 1874. 5*. 
 
 Cumin's Manual of Civil Law, containing a Translation 
 of, a]id Commentary on, th« Fragments of the XII. Tables, and 
 the Insiitute* of Justinian ; the Te.\t of the Institutes of Gaius and 
 Justinian arranged in parallel columns ; and the Text of the Frag- 
 ments of Ulpian, &c. By P. CUMIN, M.A., Barrister-at-Law. 
 Second Edition. Medium Svo. 1865. 18s. 
 
 Greene. — Vide "Roman Law." 
 *^* AU standard Law Works arc kept in Stock, in law calf and other bindings.
 
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 CIVIL L/^Y/ -Contmued. 
 
 Mears. — Tide "lloman Law." 
 
 Voet Conimentarius ad Pandectas, Translated 
 into English.— Part I. The Contract of Sale. (Book xviii.) 
 By SIR RUL^^'D KNYVET WILSON, Bart., of Lincoln's Inn, 
 Barristcr-at-Law. Royal 8vo, 1876. Net 11. Is. 
 
 COLLISIONS.— Lowndes' Admiralty Law of Collisions 
 
 at Sea.— Svo. 1S67. 7s. 6d. 
 
 COLONIAL LAW.— Clark's Colonial Law.— A Summary of 
 
 Colonial Law and Practice of Appeals from the Plantations. Svo. 
 
 1834. 1?. 4s. 
 
 COMMENTARIES ON THE LAWS OF ENGLAND.— Bowyer.— 
 
 Vide "Constitutional I-aw." 
 
 Brooin and Hadley's Commentaries on the 
 
 Laws of England.— By HERBERT BROOM, LL.D., of 
 
 the Inner Temple, Barrister-at-Law ; and EDWARD A. HAD- 
 
 LEY, M.A., of Lincoln's Inn, Barrister-at-Law ; late Fellow of 
 
 Trinity Coll., Cambridge. 4 vols. Svo. 1869. Zl. 3s. 
 
 "Messrs. Bi-oom aud Hadley have been nnsparing iu their editorial labours. There 
 
 are abundant reference notes, so that the diligent student can consult the authorities 
 
 if he is so disposed. Besides the table of contents, there are an appendix and a 
 
 coi>icus iudix t(. each volume. Nothing that could be done to m-ike the work useful 
 
 and handy has been left undone." — Lau Journal, November 19, 1869. 
 
 COMMERCIAL LAW. —Levi's International Commercial 
 
 Law. — Being the Principles of Mercantile Law of the following 
 and other Countries — viz. : England, Scotland, Ireland, British 
 India, British Colonies, Austria, Belgium, Denmark, France, Ger- 
 many, Greece, Italy, Netherlands, Norway, Prussia, Russia, Spain, 
 Sweden, Switzerland, United States, and Wurtemburg. By LEONE 
 LEVI, Esq., F.S.A., F.3.S., of Lincoln's Inn, Barrister-at-Law, &c. 
 Second Edition. 2 vols. Royal Svo. 1863. 11. 15s. 
 
 Smith. — Vide "Slercantile Law." 
 COMMON LAW.— Archbold's Practice in the Queen's 
 Bench, Common Pleas, and Exchequer Divi- 
 sions of the High Court of Justice. — Thirteenth 
 Edition. By SAMUEL PRENTICE, one of Her Majesty's 
 Counsel. (/« the Press). 
 
 Braithwaite. — Vide "Oaths." 
 
 Fisher. — Vide " Digests." 
 
 Orders and Rules of the High Court of Justice, 
 Common Law Divisions.— Published by Authority, as 
 issued. 
 
 Prentice. — Vide "Action." 
 
 Smith's Manual of Common Law.— For Practitioners 
 and Students. A Manual of Common Law, comprising the funda- 
 mental principles and the points most usually occurring in daily 
 life and practice. By JOSIAH W. SMITH, B.C.L., Q.C., 
 Judge of County Courts. Eighth Edition. 12mo. 1878. 14s. 
 
 COMMONS AND INCLOSURES.— Chambers' Digest of the 
 Law relating to Commons and Open Spaces. 
 By GEORGE F. CHAMBERS, of the Inner Temple, Esq., 
 Ban-ister-at-Law. Imperial Svo. 1877. 6s. 6d. 
 
 Cooke on Inclosures. — With Forms as settled by the 
 Inclosure Commissioners. By G. WINGROVE COOKE, Esq., 
 Barrister-at-Law. Fourth Edition. 12mo, 1864. 16«. 
 
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 COMPANY LAW.— Finlason's Report of the Case of 
 
 T\A^ycross v. Grant. 8vo. 1877. Net,2s. 6c/. 
 
 Palmer. — Vide " Convuyancing." 
 Palmer's Shareholders' and Directors* Legal 
 
 Companion. — A Manual of evcry-duy Law and Practice for 
 Promotcrn, >Shareholdei-s, Directors, Secretaries, Creditors and Solici- 
 tors of ('<inii)anie.s, under the Companies' Acts, 1862, 1867, and 1877. 
 By FRANCIS 13. PALMER, Esq., Barrister-at-Law. 12mo. 
 1878. Net, 2«. Qd. 
 
 Thring.— rWc "Joint Stocks." 
 
 CONTINGENT REMAINDERS.— An Epitome of Fearne on 
 Contingent Remainders and Executory De- 
 vises. Intended for the Use of Student;?. By W. M. C. Post 
 Svo. 1S7S. Gs. Od. 
 
 '•An acquaiatauce with Fearno U indispensable to a student who desires to be 
 thoroughly grouudod in tho common law rclatiug to real property. Such student will 
 find ;i perusal of tlii-' epitome of great value to him." — Latv Journal, October 19, 1878. 
 
 CONSTITUTIONAL LAW.— Bowyer's Commentaries on 
 the Constitutional Law of England. — By Sir 
 GEO. BO^^'YER, D.C.L. Second Edition. Royal 8vo. 1846. 11. 2s. 
 
 CONTRACTS.— Addison on Contracts.— Being a Treatise on 
 the Law of Contracts. By C. G. ADDISON, Esq., Author of 
 the " Law of Torts." Seventh Edition. By L. W. CAVE, Esq., one 
 of Her Majesty's Counsel, Recorder of Lincoln. Royal Svo. 
 1875. 11. 18s. 
 
 "At present this is by far the best book upon the Law of Contract possessed by the 
 
 Profession, and it is a thoroughly practical book." — Laic Times. 
 
 Leake on Contracts. — An Elementary Digest of the Law 
 of Contracts (being a new edition of " The Elements of the Law of 
 Contracts'). By STEPHEN JNIARTIN LExUCE, Barrister-at- 
 Law. 1 vol. Demy Svo. 1878. 1/. 18s. 
 
 Pollock's Principles of Contract at Law and in 
 
 Equity ; being a Treatise on the General Principles relating to the 
 Validity of Agreements, witli a special view to the compai"ison of 
 Law and Equity, and with references to the Indian Contract Act, 
 and occasionally to American and Foreign Law. Second Edition. 
 By FREDERICK POLLOCK, of Lincohi's Inn, Esq.. Barrister-at- 
 Law. Demy Svo. 1878. 11. 6s. 
 The Lord Chief Justice in his judgment in MttropoUtan Raihray Company v. Brog- 
 den and o'Jters. said, "The Law is well put by Mr. Frederick Pollock in Ilia 
 very able and learned work on Contracts."— 77ie Times. 
 "For the purposes of the student there is no book equal to Mr. Pollock's."- -7%« 
 Economtsi, July 13, 18T8. 
 
 " lie has succeeded in writing a book on Contracts which the working lawyer will nnd 
 as ustful for reference as any of its predecessors, and which at the s.ime time will ^re 
 the s;udent what he will seek for iu vain elsewhere, a complete rationale of the law. — 
 Law Maqazinc and lievietc. 
 
 " We see nothing to qualify in the praise we bestowed on the first edition. The chapters 
 on unlawful and impossible agreements are models of full and dear treatment."— 5oiici<o/*' 
 Journal, Au^. 10, 1878. 
 
 Smith's Law of Contracts.— By the late J. W. SMITH, 
 Esq., Author of "Leading Cases," &c. Seventh Edition. By 
 VINCENT T. THOMPSON, Esq., Barrister-at-Law. Demy Svo. 
 1878. (Selected for the Intermediate Examinations, 1879.> 11. Is. 
 " SVe know of few uooks cqu.aUy likely to benefit the student, or marked by such dis- 
 tinguished qualities ol lucidity, order, and accuracy as the work before us." — Solicitors' 
 Journal, December 2S, ISiS. 
 
 *,* All standard Law ^yorls are Icepi in Stocl; in law calf and other hindin(/s.
 
 8 STEVENS AKD SONS' LAW PUBLICATIONS. 
 
 CONVICTIONS.— Paley on Summary Convictions.— 
 Fifth Edition. By H. T. J, MACNAMAKA, Esq., Barrister-at- 
 Law. 8vo. 1866. 
 
 Stone. — Vide " Petty Sessions." 
 
 CONVEYANCING.-Dart.— V7<f<; "Vendors and Purchasers." 
 
 Greenwood's Manual of Conveyancing. — AManual 
 
 (if the Practice of Conveyancing, showing the present Practice 
 relating to the daily routine of Conveyancmg in Solicitors' Offices. 
 To which are added Concise Common Forms and Precedents in 
 Conveyancing ; Conditions of Sale, Conveyances, and all other 
 Assurances in constant use. Fifth Edition. By H. N. CAPEL, 
 B.A., LL.B., Solicitor. Demy Svo. 1877. 15s. 
 
 "The information undei these heaus is just of that ordinary practical kind which it 
 learned from experience and is not to be gathered from treatiKea. ... A carelul study 
 of these jiages would probably arm a diligent clerk with a'; loacb u.-eful knowledge as he 
 inight otherwise take years of desultory questioning and obsei ving to acquire." — SolicUors' 
 
 The' young solicitor will find this work almost invalnaWe, while the members of the 
 higher branch of the profession may refer to it with advantage. We have not met with 
 any book that furnishes so simple a guide to the manBgemeut of business eutruBtcd to 
 articled clcrkB."— Sheffield Post. 
 
 Martin's Student's Conveyancer.— A Manual on the 
 
 Principles of Modem Conveyancing, illustrated and enforced by a 
 
 Collection of Precedents, accompanied by detailed Eemarks. Part I. 
 
 Purchase Deeds. By THOMAS FEEDEKIC MARTIN, Solicitor. 
 
 Demy Svo. 1877. 5s. 6d. 
 
 " We hare no doubt that the student will find in Mr. Martin's treatise a good guide to 
 
 the practical part of conveyancinpr."— i.aic Times, June 23, 1877. 
 
 " It should be placed in the hands of every student." 
 
 Palmer's Company Precedents.— Conveyancing and 
 other Forms and rrecedcnts relating to Companies' incorporated 
 under the Companies' Acts, 1862 and 1867. Arranged as follows: — 
 Agreements, Memoranda of Association, Articles of Association, 
 E^solutions, Notices, Certificates, Provisional Orders of Board of 
 Trade, Debentures, Reconstruction, Amalgamation, Petitions, Orders. 
 With Copious Notes. By FRANCIS BEAUFORT PALMER, of 
 the Inner Temple, Esq ., Barrister-at-Law. Demy 8vo. 1877. 1?. 5s. 
 
 " There had never, to our knowledge, been any attempt to collect and edit a body of 
 Forms and Precedents exclusively relating to the fonnation, working and winding-up of 
 companies. This tat-k Mr. Palmer has taken in hand, and we are glad to say with much 
 kuccess .... The information contained in the 65n pa^'es of the volume la rendered 
 easily accessible by a g'x^d and fuU inriex. The author has evidently not been epariiig of 
 labour, and the fruits ol his exertions are now before the legal profesaiou in a work of t'eat 
 practical utility." — Law Magazine, February, 1878. , ,, t> i 
 
 •'To those concerned in"getting up companies, the assistance given by Mr. Palmer 
 must be very valuable, because he does not confine himself to bare precedents, but by 
 intelligent and learned commentary lights up, as it were, each step that he takes. The 
 volume beforeus is not, therefore a book of precedents merely, but, in a greater or less 
 degree, a treatise on certain portions of the C'ompauies' Acts of lHr)2 nLd 1867. There isan 
 elaborate index, and the work is one which must commend itself to the profession."— 
 Law Tillies, June 9, 1877. 
 
 " The precedents are as a rule cicsedingly well drafted, and adapted to compames for 
 almost every conceivable object. So especially arc the fonns of memoranda and articles 
 of association ; and these will be found extremely serviceable to the conveyancer. . . 
 All the notes have been elaborated with a thoroughly scientific knowledge of the 
 principles of company law, as well as with copious reterences to the cases snbetantiating 
 the priuciples. . . . We venture to predict that his notes will be found of great utility 
 iii guiding opinions on many complicated questions of law and practice. '—Z-air Journal. 
 
 ** AU standard Law Wwlcs a/re kept in Stock, in law calf and otJver bindings.
 
 119, CHANCERY LANE, LONDON, W.C. 9 
 
 CONVEYANCING.-fan^""^'^- ^ 
 
 Prideaux's Precedents in Conveyancing. — With 
 Dissertations on its I^aw ami I'ractice. Ninth Edition. Uy 
 FREDERICK PRIDEAUX, late Professor of the Law of Real and 
 Personal Property to the Inns of Court, and JOHN WHITCOMBK, 
 E8qrs.,Barristers-at-Law. 2 vols. Royal 8 vo. 1679. 3/. lOs. 
 
 " PriJeaui has become an indisjiensable part of the Conveyancer's library." — Solicitort' 
 Journal. 
 
 " We really can hardly im.igine a conveyancer being required to prepare any instnj- 
 ment which he will lu.t find Bketched out in the work under notice. .... We may 
 also be allowed to add our trihuto of praise to these Precedents for their conciseness, 
 perspicuity, precision, and perfection of dnifting." — LaieJourrmi. 
 
 •' The volaiucs are now something more than a mere colleclion of precedents; they 
 contain most valuable dissertations on the law and practice with reference to conveyancing. 
 These dissertations are followed by the precedents on each subject dealt with, and arc in 
 themselves condensed treatises, embodying all the latest case and statute law. We may 
 ■Dsiance, as excellent specimenB of legal essay writing, the dissertations on trustees and 
 hoBband and wife in the second volume, and on conditions of KHle in the first. Having 
 segard to the wide general knowledge required of all lawyers in the present day, such a 
 work as this must prove highly acceptable to tUe whole Trofcssion." — Lait TtmeK, 
 January 4, 18T9. 
 
 COPYRIGHT.-Phillips' Law of Copyright.— The Law of 
 Copyright in Works of Literature and Art, and in the Apjili- 
 cation of Designs. With the Statutes relating thereto. By 
 CHARLES PALMER PHILLIPS, of Lincoln's InB, Esq., 
 Barrister-at-Law. 8vo. 1863. 125. 
 
 " Mr. riiillipB' wurk Is at once an able law-book and a lucid treatise, in a popular form 
 on the rights of authors and artiste." — Jurist. 
 
 CORONERS.— J erv is on the Office and Duties oi 
 Coroners. — With Forms and Precedents. Third Edition. By 
 C. W. LOVESY, Esq., Puisne Judge, British Guiana. 12ino. 
 1866. 12*. 
 
 COSTS. — Carew's Precedents of Bills of Costs, for 
 
 obtaining Grants of Probate and Letters of Administration in the 
 Principal Registry of the Court of Probate. 1869. 5s. 
 
 Morgan and Davey's Treatise on Costs in 
 Chancery.— By GEORGE OSBORNE MORGAN, M.P., 
 one of Her Majesty's Counsel, late Stowell Fellow of University 
 College, Oxford, and Eldon Scholar ; and HORACE DAVEY, 
 M.A., one of Her Majesty's Counsel, late Fellow of University 
 College, Oxford, and Eldon Scholar. With an Appendix, containing 
 Forms and Precedents of Bills of Costs. 8vo. 1865. IZ. Is. 
 
 Morris' Solicitors' Fees and Court Fees, under 
 the Judicature Acts.— With Copious Index. By WILLIAM 
 MORRIS, Solicitor. 12mo. 1876. As. 
 
 Scott's Costs in the Superior Courts. Fourth 
 Edition. {In tlu press.) 
 
 Scott's Costs under the Judicature Acts, 1878 
 
 and 187S ; containing the " Additional Rules " and Scale of 
 Costs ; together with Precedents of Taxed Bills. By JOHN 
 SCOTT, Esq., Barrister-at-Law. Royal 12mo. 1876. 5s. 6 (f. 
 
 Summerhays and Toogood's Precedents of 
 Bills of Costs in the Chancery, Queen's 
 Bench, Common Pleas, Exchequer, Probate 
 and Divorce Divisions of the High Court of 
 Justice, in Conveyancing, Bankruptcy, &c., with Scales of 
 Allowances and Court Fees, &c., &c. Second Edition. Royal 8vo. 
 1877. 15s. 
 
 " In the volume before us we have a very complete mannal of taxation. The work is 
 
 beautifully printed and arranged, and each item catches the eye instanllj-."— i«i c 
 
 Journal. 
 
 •^* AU Standard Law Work* are icpt in Slodc, in law caif and other lindings- 
 
 A 3
 
 10 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 COSTS.— Cf>n''""f''- 
 
 Webster's Parliamentary Costs. — Private Bills, 
 Election Petitions, Appeals, House of Lords. By EDWAED 
 WEBSTER, Esq., of the Taxing Office, House of Commons, and of 
 the Examiners' Office, House of Lords and House of Commons. 
 Third Edition. Post 8vo. 1867. 20s. 
 
 COUNTY COURTS.— The Consolidated County Court 
 Orders and Rules, 187S, with Forins and 
 Scales of Costs and Fees, as issued by the Lord 
 Chaucellor and Committee of County Court Judges. Authorised 
 Edition. Super-royal Svo. 1875. Net, 3s. 
 
 County Court Rules, 1876. Authorised Edition. Net,M. 
 Pitt-Lewis' County Court Practice. — A Complete 
 Practice of the County Courts, including Admiralty and 
 Bankruptcy, embodying the Act, llules, Forms and Costs, 
 with Table of Cases and Full Index. By G. PITT-LEWIS, 
 of the Middle Temple and Western Circuit, Esq., Barrister-at-Law, 
 sometime Holder of the Studentships of the Four Inns of Court. 
 
 {In the jyt'ess.) 
 CRIMINAL LAV/.— Archbold's Pleading and Evidence 
 in Criminal Cases. — With the Statutes, Precedents of 
 Indictments, &c., and the Evidence necessary to support them. By 
 JOHN JERVIS, Esq. (late Lord Chief Justice of Her Majesty's 
 Court of Common Pleas). Nineteenth Edition, including the 
 Practice in Criminal Proceedings by Indictment. By WILLIAM 
 BRUCE, of the Middle Temple, Esq., Barrister-at-Law, and 
 Stipendiary Magistrate for the Borough of Leeds. Royal 12mo. 
 1878. IL lis. 6cl. 
 
 Cole on Criminal Informations and Quo War- 
 ranto.— By W.R.COLE, Esq., Barrister-at-Law. 12mo. 1843. 12s. 
 Greaves' Criminal Law Consolidation and 
 Amendment Acts of the 24 & 2S Vict.— With 
 Notes, Observations, and Forms for Summary Proceedings. By 
 CHARLES SPRENGEL GREAVES, Esq., one of Her Majesty's 
 Counsel, who prepared the Bills and attended the Select Committees 
 of both Houses of Parliament to which the Bills were referred. 
 Second Edition. Post Svo. 1862. 16s. 
 
 Roscoe's Digest of the Law of Evidence in 
 Criniinal Cases.— Ninth Edition. By HORACE SMITH, 
 Esq., Barrister-at-Law. Royal 12mo. 1878. ll.ns.6d. 
 
 Russell's Treatise on Crimes and Misdemea- 
 nors.— Fifth Edition. By SAMUEL PRENTICE, Esq., one of 
 Her Majesty's Counsel. 3 vols. Royal 8vo. 1877. 51. 15s. 6d. 
 This treatise is so much more copious than any other upon all the subjects contained 
 in it, that it affords by far the best means of acquiring a knowledge of the Criminal Law 
 in genera!, or of any offence in particular ; so that it will be found peculiarly useful as 
 well to those who wish to obtain a complete knowledge of that law, as to those who 
 desire to be informed on any portion of it as occasion may require. 
 
 Tliis woik also contains a very complete treatise on the Law of Evidence in Crimina 
 Cases, and in it the manner of taking the depositions of witnesses, and the examinations 
 of prisoners before ma;,'istrates, is fully explained. 
 
 "What better Digest of Criminal Law could we possibly hope for than 'Russell on 
 Crimes?' " — Sir James Filzjames Stephen's Speech on Codification. 
 
 "We may safely assert that the fifth edition of ' llussell on Crimes' has, under the 
 careful hand of Mr. Prentice, fully reached the standard attained to by the preceding 
 ediiions." — Law Journal, January 27, 1877. 
 
 " No more trustworthy authority, or more exhaustive expositor than 'Russell ' can be 
 cor suited." — Law ila'jazine and Review, February, 1877. 
 
 "Alterations have been made in the arrangement of the work which without interfering 
 with the general plan are sufficient to show that great caro and thou,»ht have been 
 
 bestowed Wo are amazed at the patience, industry and skill which are exhibited 
 
 in ih.e collection and arrangement of all tl.is trass of loarniug." — 77ie Timer 
 
 *^* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 7 
 
 
 
 5 
 
 6 
 
 8 
 
 
 
 7 
 
 6 
 
 9 
 
 6 
 
 8 
 
 6 
 
 
 
 6 
 
 119, CHANUEKY LANE, LONDON, W.C. 11 
 
 DECREES.— Seton.— Vkk " Equity." 
 
 DIARY — Lawyer's Companion (The), Diary, and Law 
 
 Directory.— I'ur the use of the Legal TrofesHion, I'uljlic Com- 
 panies, Justices, Merchants, Estate Agents, Auctioneers, &c., &c. 
 Published Annually. Thirty-third Issue for 1879. 
 The work contains the most complete List puljlisheJ of Town and 
 Country Solicitors, with date of admission and ajuxjintmeuts, and is issued 
 in the following forms, octavo size, strongly bound in cloth : — s. d. 
 
 1. Two days on a page, plain ....... 5 
 
 2. The above, intkuleaved for Attendances 
 
 3. Two days on a page, ruled, with or without money columns 
 
 4. The above, inteuleaved for Attendances .... 
 
 5. Whole page for each day, plain ...... 
 
 6. The above, interleaved for Attendances 
 
 7. Whole page for each day, ruled, with or without money 
 
 columns .... ...... 
 
 8. The above, interleaved for Attendances 
 
 9. Three days on a page, ruled blue lines, \vithout money 
 
 columns . . ....... 5 
 
 The Diary, printed on JOYXSON^S jtapcr of superior qualitij, 
 contains memoranda of Legal Business throughout the Year. 
 The La\A/^yer's Companion for 1879, edited by 
 JOHN THOMP.SON, of the Inner Temple, Esq. , Barrister-at-Law ; 
 and contains a Digest of llecent Cases on Costs ; Monthly Diary of 
 County, Local Government, and Parish Business ; Oaths in Supreme 
 Court; Summary of Legislation of 1878 ; Alphabetical Index to the 
 Practical Statutes ; a Copious Table of Stamp Duties ; Leo'al Time 
 Interest, Discoimt, Income, Wages and other Tables; Probate, 
 Legacy and Succession Duties ; and a variety of matters of 
 practical utility. 
 ' An cxcollout wurk " The Timet, Nuvcmber, 20, 18TS. 
 
 " A publication which has long ago secured to itself the favour of the profession, and 
 wl.lch, as heretofore, justifies by its contents tho title assumed by it." — Laio Journal. 
 
 " Contains all the iufonuation which could be looked for in such a woik, and gives it 
 in a most convenient form and very completely. We may unhesitatingly recommend the 
 work to our readers." — Solicitors' Journal. 
 
 "The ' Lawyer's Companion and Diary' is a book tb.^t ought to bo in the possession of 
 every lawyer, and of every man of business." 
 
 "■The ' Lawyer's Comp.iuion ' is, indeed, what it i.« called, for it combines everything 
 required for reference in the lawyer's office." — Laie Times. 
 
 " It iti a book without which no lawyer's library or otRco can be complete." — Irish 
 Laic Time.i, November 9th, 1878. 
 
 DICTIONARY — Wharton's Law Lexicon.— A Dictionary of 
 Jurisprudence, explaining the Technical Words and Phrases employed 
 in the several Departments of English Law ; including the various 
 Legal Terms used in Commercial Transactions. Together with an 
 Explanatory as well as Literal Translation of the J^atin Maxims 
 contained in the Writings of the Ancient and Modem Commentators. 
 Sixth Edition. Enlarged and revised in accordance with the 
 Judicature Acts, by J. SHIKESS WILL, of the Middle Temple, 
 Esq., Barrister-at-Law. Super royal 8 vo. 1876. 2/. 2s. 
 
 " As a work of reference for the library, the hanilsome and elaborate edition of 
 ' Wharton's Law Lexicon' which Mr. Shiress Will has produced, must supersede all former 
 issues of that well-known work."— Zaic Magazine and Jievieic, August, 18T6. 
 
 "No law library is complete without a law dictionary or law lexicon. To the practi- 
 tioner it is always useful to have at hand a book where, iu a small compass, he can find 
 an explanation of terms of infrequent occurrence, or obtain a reference to statutes on 
 most subjects, or to books wherein particular subjects are treated of at full length. To the 
 student it is almost indispensable."— Lain Times. 
 
 *,* All standard Law Works arc kept in Stock, in law calf and other bindings.
 
 12 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 DIGESTS. — Bedford. — Vide " Examination Guides." 
 Chamber's — VUk " Public Health." 
 
 Cliitty's Equity Index. — Chitty's Index to all the Peported 
 Cases, and Statutes, in or relating to the Principles, Pleading, and 
 Practice of Equity and Bankruptcy, in the several Courts of Equity 
 in England and Ireland, the Privy Council, and the House of Lords, 
 from the earliest period. Third Edition. By J. MACAULAY, 
 Esq., BaiTister-at-Law. 4 vols. Royal 8vo. 1853. 71. 7s. 
 
 Fisher's Digest of the Reported Cases deter- 
 mined in the House of Lords and Privy Council, and in the 
 Courts of Common Law, Divorce, Probate, Admiralty and Bank- 
 ruptcy, from Michaelmas Term, 1756, to Hilary Term, 1870 ; 
 with Keferences to the Statutes and Rules of Court. Founded on 
 the Analytical Digest by Harrison, and atlapted to the present 
 practice of the Law. By R. A. FISHER, Esq., Judge of the 
 County Courts of Bristol and of Wells. Five large volumes, royal 
 8yo. 1870. 12Z. 12s. 
 
 (Continued Annually.) 
 " Mr. Fisher's IMgest is a wonderful work. It is a miracle of human industry,"— Jl/r. 
 Jvstict WUlei. T^ ^ , 
 
 "I tliink it would be very difficult to improve upon Mr. Fishers 'Common Law 
 I'igest.' "—Sir Jumu Fitzjames Stephen, Q.C.,on Codification. 
 
 Leake. — Vide "Real Property " and " Contract.^.'' 
 
 Notanda Digest in Law, Equity, Bankruptcy, 
 
 Admiralty, Divorce, and Probate Cases. — By 
 
 H. TUDOR BODDAM, of the Inner Temple, and HARRY 
 
 GREENWOOD, of Lincoln's Inn, Esqrs., Barristers-at-Law. The 
 
 Notanda Digest, from the commencement, October, 1862, to 
 
 D»cember, 1876. In 1 volume, half-bound. Ifet, Zl. 3«. 
 
 Ditto, in 2 volumes, half bound. Net, 3Z. 10s. 
 
 Ditto, Third Series, 1873 to 1876 inclusive, half-bound. Net, II. lis. 6d. 
 
 Ditto, Fourth Series, for 1877 and 1878, with Indexes, in 1 volume. 
 
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 14 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 EQUITY, and Vide CHANCERY. 
 
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 editors have evidently taken gieat pains to carry out this principle in presenting the 
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 Snnith's Manual of Equity Jurisprudence. — 
 
 A Manual of Equity Jurisprudence for Practitioners and Students, 
 
 founded on the Works of Story, Spence, and other writers, and on 
 
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 EXECUTORS.— Williams' La^A^ of Executors and Ad- 
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 WILLIAMS, late one of the Judges of Her Majesty's Court of 
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 FACTORY ACTS.— Notcutts Law relating to Factories 
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 FORMS.— Continued. 
 
 Courts of Appeal. Being the Third Edition of " Daniell's Chancery 
 
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 "Asa text book, ' Arnould ' is now all the practitioner can want, and we congratulate 
 
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 Oct. 6th, 1SV7. 
 
 Hopkins' Manual of Marine Insurance.— 8vo. 
 
 1867. 18». 
 
 Lo\A^ndes. — Vide "Average." 
 
 INTERNATIONAL LAW- — Amos' Lectures on Inter- 
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 INTERNATIONAL L^V^ .-ConUnued. 
 
 Levi's International Coinnnercial Law. — Being the 
 
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 — viz. : Englanil, Ireland, Scotl.i id, Britiah India, British Colonies, 
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 Greece, Hans Towns, Italy. Netherlands, Norway, Portugal, Prussia, 
 Bussia, Spain, .Sweden, Switzerland, United States, and Wiirtemberg. 
 By LEONE LEVI, Esq., F.S.A., F.S.S., Barrister-at-Law, &c. 
 Second Edition. 2 vols. Royal 8vo. 1863. 1/. 15». 
 
 Vattel's Law of Nations.— By JOSEPH CHITTY, Esq. 
 Koyal 8vo. 1834. 1/. 1». 
 
 Wheaton's Elements of International Law; 
 
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 and Treaties, brintring the work down to the jiresent time. By 
 A. C. BOYD, Esq.,LL.B., Barrister-at-Law. Author of the " The 
 Merchant Ship) )ing Laws." Demy 8vo. 1878. 1/. 8«. 
 
 " ilr. Boyi), the latest editor, has added many u<eful notes ; Le bas inserted in the 
 Apiieridix public documents of permanent value, and tbci e is the prospect that, as edited 
 
 by .Mr. Boyd, .Mr Wheaton's volume will enter on a new lease of life It is nil the 
 
 more important that their works(A''«( and ir/ii'^^O/)) should be edited by intelligent and 
 iuiparlial Englishmen, such as Dr. Abdy, the editor of ^fn^ and Mr. Boyd,"— 77<t Timts, 
 January 1. 187!i. 
 
 "Both the plan and execution of the work before us deseives commendation, Mr. 
 Boyd eives jironiinence to the labours of others. The text of Wheaton is presented 
 without alteration, and Mr. Dana's uumbering of the sections is preserved. Mr. Boyd's 
 notes, which are numerous, original, and copious, are conveniently interspersed through- 
 out the text : but they arc in a distinct type, and therefore the reader always know* 
 whether he is reading Wheaton or Biyd. The Index, which could not have been com- 
 piled without much thought anil labour makes the book handv for reference, and, 
 con8e>|uently. valuable to public writers, who in these days have frequently to refer to 
 International Law. \ new appendix contains the English and American statute law of 
 naturalization, extradition, and foreign enlistment : the English Naval Prize Act: the 
 Treaty of Washingt'in ; and extracts fro-n treaties relating to the Black Sea, the 
 Dardanelles and Bosphoru-^, and Turkish .-Mfairs. This appendix will be a mine of coined 
 gold to the gentlemen who enlighten our darkness in the leading article columns of the 
 uewspapeis .... for general purposes, Mr. Boyd's notes are sj lull as to obviate 
 the necessity of reference to other works." — Late Journal, April I.S, 1S78. 
 
 "Students who require a knowledge of Wheaton's text will find Mr. Boyd's volume 
 very convenient."— /.aw Magazine, May, 187S. 
 
 Wildnnan's International Law. — Institutes of Inter- 
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 WILDM AN, Barrister-at-Law. 2 vols. 8vo. 1849-50. 11. 2s. Qd. 
 
 JOINT OWNERSHIP.-Foster.— rWe "Real Estate." 
 
 JOINT STOCKS.— Jordan's Joint Stock Companies.— A 
 Handy Book of Practical Instructions for the Formation and 
 Management of Joint Stock Companies. Si.xth Edition. 12mo. 
 1878. Net, 2s. 6d. 
 
 Palmer — Vide " Conveyanciug " and "Company Law." 
 Th ring's (Sir H.) Joint Stock Companies' Law.— 
 The Law and I'lactice of Joint Stock and other Public Companies, in- 
 cluding the Statutes, with Notes, and the Forms required in Making, 
 Administering, and Winding-up a Company, with a Supplement 
 containing the Companies' Act, 1867. and Notes of Recent Decisions. 
 By SiK HENRY THRING, K.C.B., The Parliamentary Counsel. 
 Third Edition. By G. A. R. FITZGERALD, Esq., Barri.ster-at- 
 Law, and Fellow of St. John's College. O.xford. 12mo. 1875. 11. 
 ■'This, as the work of the original draughtsman of the Companies' Act of INti2, and 
 
 well-known Parliamentarv counsel. Sir Henry Thrini< is naturally the highest authority 
 
 on the subject."— 7Vi« Tinu-s, April 21. 1876. 
 
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 18 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 JUDGMENTS.— Walker's Practice on Signing Judg- 
 ment in the High Court of Justice. With Forms. 
 By H. H. WALKER, Esci-, of the Judgment Department, 
 ExehequtrDivision. Crown 8vo. 1879. 4s. 6'/. 
 
 JUDICATURE ACTS— Wilson's Supreine Court of 
 Jvidicature Acts, Appellate Jurisdiction Act, 
 1876, Rules of Court and Fori-ns. With other Acts, 
 Onlers, Rules and Regulations relating to the Supreme Court of 
 Justice. With Practical Notes and a Copious Index, forming ;i 
 Complete Guide to the New Practice. Second Edition. By 
 ARTHUR WILSON, of the Inner Temple, Barrister-at-Law . 
 (Assisted by HARRY GREENWOOD, of Lincoln's Inn, Barrister- 
 at-Law, and JOHN BIDDLE, of the Master of the Rolls Chambers.) 
 Royal 12mo. 1878. (pp. 726.) 18s. 
 
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 *^* A LARGE PAPER EuiTiON OF THE ABOVE (for marginal notes). Royal 8vo. 
 
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 EXTRACT FROM PREFACE TO THE SECOND EDITION. 
 
 Is the preseat edition, the geueval arrangement aflopted in the former edition is preserved. 
 
 The several Acts, Bodies of Rule.-^, Orders in Council, and other authoritative documents 
 issued since the date of the former edition, are i)rinted in the present. The Rules of Court 
 subsequent to the Act of 1875 are incorporated with those contained in the Schedule to 
 that Act. 
 
 All the more important decisions upon the construction of the Acts and Rules down to 
 the end of the Michaelmas Sitting-^, 1877, will, I believe, be found noticed with some of 
 later date. 
 
 All the Rules of Court, both those in the Schedule and those of later date, have been 
 issued without marginal notes. I have ventured to add short marginal notes to them. 
 
 I cannot too strongly express my obligations to Mr. Biddle, of the Master of the Rolls' 
 Chambers, for his assistance in the preparation of this edition. The whole book has been 
 revised by him ; and I Lave throughout received from him very valuable suggestions. He 
 has also relieved me of much labour by revising and annotating the forms annnexed to 
 the rules, and in many other ways. 
 
 I wish particularly to notice the Table of Cases, which .Mr. Biddle has prepared. The 
 course ovcliiiarily adopted throughout the book is to cite each case witli a reference to only 
 one report of it, except •^■here there appeared special rea=;on for referring to another. 
 The Law Reports are commonlj' cited where the ease has appeared in that series. To 
 have mentioned in the body of the work every report of each case would have been a 
 cumbrous and I think an inconvenient plan. On the other hand, many practitioners use 
 serKS ff reports other than those commonly cited in this Book. To meet the difficulty 
 thus arising, tbe Table of Cases gives a reference to all the reports of each case cited. 
 
 The reconstruction of the Index, rendered necessai^ by tlie large amount of new 
 matter, has been kindly undertaken by my learned friend, Mr. Harry Greenwood, of the 
 Chancery Bar. 
 
 '■ As regards Mr. Wilson's notes, we can only say that they are indispensable to the 
 proper understanding of the new system of procedure. They treat the principles upon 
 which the alteraticns are based with a clearness and breadth of view which have never 
 
 been equalled cr everi approached by any other commentator The table 
 
 of cases, ccntaiDing a reference to each series of reports, which Mr. Biddle has prefixed 
 to the work, is a valaal'le feature." — SoluUors' Journal, April 20, 1878. 
 
 "Mr. Wilson has bestowed upon tliis edition an amount of industry and care which 
 
 the Bench and the Profession will, we are sure, gratefully acknowledge A 
 
 conspicuous and important feature in this secmd edition is a table of cases prepared by 
 Mr. Biddle, in which not only are cases given with references to two or three reports, but 
 evtry place in wbich the cases are reported. .... Wilson's 'Judicature Acts,' 
 
 is now the latest, and we think it is the most convenient of the works of the same class. 
 . . . The practitioner will find that it supplies all bis wants."— iaw Timet, 
 March '23, 1878. 
 
 "The special success of Mr. Arthur Wilson in dealing with the Rules of Court which 
 We pointed out on tbe first appearance of bis valuable work, continues to be a distinguish- 
 ing feature of the second edition."— iaw Magazine, .\iay, I87S. 
 
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 _ 11!', c;hax c'ERY lane, London, w.c. ^9 
 
 JUDICATURE ^CT S.-Continued. 
 
 Clo^A'es' Compendious Index to the Supreme 
 Court of Judicature Acts, and to th«' Onlers and Rules 
 issued tLertuudtr. By W. CLOWES, Em(|., one uf the Ivej.astrars 
 of the Court of Chancery. Second Edition, revised and enlarged 
 {Uniform in size ivith the Queen's Printer's Edition of the Acts mid 
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 ings may he taken. ByJUHX KIRKWt)OI) LEYS, M.A., of the 
 MiddleTemple, Es(i.,Barrister-at-Law. RfiyalSvo. 1875. yet,'ls.6d. 
 
 Lynch and Smith's Introduction to the Final 
 
 Examination. — Being a collection of the questions set by the 
 Incoi-porated Law Society, with the answers adapted to meet the 
 recent e.xteusive alterations made by the JUDICATURE ACT, 
 1873. By H. FOULKS LYNCH, Solicitor, and ERNEST 
 AUGUSTUS SMITH, Solicitor, Clifford's Inn, Prizeman ; Senior 
 I 'rizeman of the Incorporated Law Society, and Brodrip Gold Medalist, 
 1872. Vol. I. The Principles of the Law. Po.-*t 8vo. 1874. Us. 
 
 Lynch's Epitonie of Practice in the Supreme 
 Court of Judicature in England. With References 
 to Acts, Rules, and Orders. For the Use of Students. Fourth 
 Edition. Royal 8vo. 1878. Act, Is. 
 
 Morgan. — Vide " Chancery." 
 
 Scott. — Vide " Costs." 
 
 Stephen's Judicature Acts 1873, 1874, and 187S, 
 consolidated. With Notes and an Inde.x. By Sir J.A.MES 
 STEPHEN, one of Her Majesty's Counsel. 12mo. 1875. -is. 6d. 
 JURISPRUDENCE.— Amos, Law as a Science and as 
 an Art. — .\:i Introductory Lecture delivered at L^niversity 
 College at the commencement of the session 1874-5. By SHELDON 
 AMOS, Esq.. M.A., Barrister-at-Law. 8vo. 1874. Xet, Is. 6d. 
 
 PhilliiTiore's (J. G i Jurisprudence. — An Inaugural 
 Lecture on Jurisprudence, and a Lecture on Canon Law, delivered 
 at the HaU of the Inner Temple, Hilary Term, 1851. By J. G. 
 PHILLIMORE, Esq., Q.C. 8vo. 1851. Sewed. 3s. 6d. 
 
 JUSTICE OF THE PEACE.— Burn's Justice of the Peace 
 and Parish Officer. — Edited by the following Barristers, 
 under the General Superintendence of JOHN BLOSSETT 
 MAULE, Esq., Q.C, Recorder of Leeds. The Thirtieth Edition. 
 "Vol. I. containinLT titles "Abatement" to " Dwellings for Artisans;"" 
 by THOS. SIRRELL PRITCHARD, of the Inner Temple, Esq., 
 Recorder of Weulock. Vol. II. containinir ♦■itles " Easter Offering " 
 to "Hundred ; " by SAML. BOTELER BRISTO\VE, Q.C, M.P., 
 of the Inner Temple, Esq. Vol. III. contaiuina titles " Indictment " 
 to " Promissory Notes ;" by LEWIS W. CAVE, Q.C, of the Inner 
 Temple. Esq., Recorder of Lincoln. Vol. IV. containing the whole 
 title "Poor;" by JAMES EDWD. DAVIS, Esq., Stipendiary 
 Magistrate for .Stoke-upon-Trent. {Sold ncparately, price II. lis. 
 C)d.) "V^ol. V. containing titles "Quo Warranto" to "Wreck;" by 
 JOHN BLOSSETT MAULE, Esq.. Q.C, Recorder of Leeds. 
 Five vols. 8vo. 1869. 71. Is. 
 
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 20 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 JUSTICE OF THE PE^CE -Continued. 
 P a 1 e y . — Vide " Con^^ctions. ' ' 
 
 Stone's Practice for Justices of the Peace,.Tustices' 
 Clerks and Solicitors at Petty and Special Sessions, in Summary 
 Matters and Indictable Offences, with a List of Summary Convic- 
 tions and of Matters not Criminal. With Forms. Eighth Edition. 
 By THOMAS SIRRELL PRITCHARD, of the Inner Temple, 
 Esq., Barrister-at-Law, Recorder of Wenlock. In 1 vol. Demy 8vo. 
 1877. 1^- 10s. 
 
 "The design of the present Edition has been developed with a view to offer to Magis- 
 trates and Practitioners, in one volume of moderate size, a complete general account of 
 the Procedure at Petty Sessions in Summary Matters and Indictable Offences, in such a 
 consecutive form, according to the usual order of events as to render easily attainable 
 information on any point of procedure as it may arise at any given period of the pro- 
 ceedings. ' — Extract from Preface. 
 
 "Justices of tho Peace and Practitioners at Petty and Special Sessions who wish to 
 have a handy volume by their side for ready reference, wiU find this new edition of 
 Stone's Practice very convenient and useful." — Law Magazine, May, 1878. 
 
 "In clearness of exposition, in choice of matter, and, above all, in orderliness of 
 
 arrangement, the book haves little to be de.-iired The book, as a whole, is 
 
 thoroughly satisfactory, and, having gone carefully through it, we can recommend it 
 with confidence to the nutuernua bod) of our readers who are daily interested in the 
 subjects to which it relate.^." — Snticitors' Journal, December 8th, 1877. 
 
 JUSTINIAN, INSTITUTES Of -Cumin.— Vide "Civil Law." 
 Greene. — Vide "Roman Law." 
 Mears. — Vide "Roman Law." 
 Voet. — Vide "Civil Law." 
 
 LAND DRAINAGE.— Thring's Land Drainage Act.— With 
 an Introduction, Practical Notes, an Appendix of Statutes relating 
 to Drainage, and Forms. By THEODORE THRING, Esq., 
 Barrister-at-Law. 12mo. 186L 7s. 
 
 LAND TAX. — Bourdin's Land Tax. — An Exposition of the 
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 rights conferred hy the Redemption Acts. By MARK A. BOUR- 
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 of Land Tax). Second Edition. Crown 8vo. 1870. 4s. 
 
 LANDLORD AND TENANT.— Woodfall's Law of Landlord 
 and Tenant. — A Practical Treatise on the Law of Landlord 
 and Tenant, with a full Collection of Precedents and Forms of 
 Procedure. Eleventh Edition. Containing an Abstract of Leading 
 Propositions, and Tables of certain Customs of the Country. By 
 J. M. LELY, of the Inner Temple, Esq., Barrister-at-Law. Royal 
 8vo. 1877. 1/. 16s. 
 
 LAW, GUIDE TO.— A Guide to the Law for General 
 
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 LAW UST-Contlnufd. 
 
 Oaths in the Supreme Court of Judicature in En<rlan(], Conveyan- 
 cers I'ractibing in l^nglaml under Certificates obtained in Scotland, 
 &c., &c., and a variety of other useful matters so far as relates to 
 Special Pleat^lers, Draftsmen, Conveyancers, Solicitors, Proctors and 
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 LAW REPORTS. — A lari^e Stock of seconddiand Ileports. Estimate.^ 
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 LAWYER '5 COMPANION.— njc "Diary." 
 
 LEADING CASES.— Haynes' Student's Leading Cases. 
 Bei.'jg some of the I'lincipal Decisions of the Courts in Constitutional 
 Law, Common Law, Conveyanciu'jf and E(piity, Probate, Divorce, 
 Bankruptcy, and Criminal Law. With Notes for the use of Students. 
 By JOHN F. HAYNES, LL.D., Author of "The Student's 
 Statutes." Demy Svo. 1873. 16s. 
 
 " Will prove of great utility, not only ti Stu'e-ita, but Practitioners. The Notes are 
 clear, pointed anj conciso." — Law 7i,,its, August 17tb, I&7S. 
 
 " We think that this book will supply a want .... the b;ok is gingularly well 
 arr.nnced for reference." — ^ir /owr/ia;, Aug. '24. 1S78. 
 
 " The ^tat•eIl;cnt.s of the various cases are fairly full and clear, and many of the notes 
 arc t'uotl. "— Idic Mo(ia:inf, November, 1S7S 
 
 LEXICON Vide "Dictionary." 
 
 LICENSING.— Leiy and Foulkes' Licensing Acts, 
 1828, 1869, 1872, and 1874; Containing the Law of the 
 Sale of Liquors by Retail and the Management of Licen.sed Houses ; 
 with Notes to the Acts, a Summary of the liaw, and an Appendix 
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 polate between the sections of each of the>e statutes all subsidiary en actmeuts, di^tln- 
 
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 sensible and to the point and (jive evidtnce both of care aud knowledge of the subject. 
 — Soliciiors' Journal. 
 
 LIFE ASSURANCE.— Scratchleys Decisions in Life As- 
 surance Law, collated alphabetically according to the point 
 involved ; with the Statute?. Revised Edition. By ARTHUR 
 SCRATCHLEY, M.A.. Barri.'<ter-at-La\v. Demy 8vo'. 1878. 5s. 
 
 LIGHTS — Woolrych's Practical Treatise on the Law 
 of Window Lights. — Second Edition. 12mo. 1861. 6s. 
 
 LUNACY.— Elmer's Practice in Lunacy.— The Practice in 
 Lunacy under Commissions and Inquisitions, with Notes of Cases 
 and Recent DecLsion.s, the Statutes and General Orders, Forms and 
 Costs of Proceedings in Lunacy, an Index and Schedule of Cases. 
 Sixth Edition. By JOSEPH ELMER, of the Othce of the 
 M:isters in Lunacy. Svo. 1877. -Is. 
 
 MAGISTERIAL LAW.— Burn.— TiJe "Justice of Pe.<<ce." 
 
 Leeming and Cross. — Vide " Quarter Seasiona." 
 
 Paley. — Vide "Convictions." 
 
 Pritchard. — Vide " Quarter Sessions." 
 
 Stone. — Vide " Petty Sessions." 
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 22 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 MAINTENANCE AND CHAMPERTY. — Tapp on Main- 
 tenance and Champerty.— An Inquiry into the present 
 state of the Law of Maintenance and Champerty, principally as 
 affecting Contracts. By WM. JOHN TAPP, of Lincoln's Inn, Esq. , 
 Barrister-at-Law. 12mo. 1861. 4s. 6d. 
 
 MANDAMUS, — Tapping on Mandamus. — The Law and 
 
 Practice of the High Prerogative "Writ of Mandamus as it obtains 
 both in England and Ireland. Koyal 8vo. 1S4S. 1/. Is. 
 
 MARINE INSURANCE — Hde " Insurance." 
 
 MARTIAL LAW.— Finlason's Treatise on Martial Law, 
 
 as allowed by the Law of England in time of Rebellion ; with 
 Practical Illustrations drawn from the Official Documents in the 
 Jamaica Case, and the E^'idence taken by the Royal Commission of 
 Enquiry, with Comments Constitutional and Legal. By W F. 
 FINLASON, Esq., Barrister-at-Law. 8vo. 1866. 12s. 
 
 MERCANTILE LAW.— Boyd.— HtZe "Shipping." 
 
 Russell. — Vide "Agency." 
 
 Smith's Mercantile Law. — A Compendium of Mercantile 
 
 Law. By the late JOHN WILLIAM SMITH, Esq. Ninth 
 
 Edition. By G. M. DOWDESWELL, of the Inner Temple, Esq., 
 
 one of Her Majesty's Counsel. Royal 8vo. 1877. 1?. 18s. 
 
 "We can safely say that, to the practising Solicitor, few books will be found more 
 
 useful than the ninth edition of ' Smith's Mercantile Law.' " — Law Magazine, Nov. 1877. 
 
 Tudor's Selection of Leading Cases on Mercan- 
 tile and Maritime Law.— With Notes. By O. D. TUDOR, 
 Esq., Barrister-at-Law. Second Edition. Royal 8vo. 1868. li. 18s. 
 
 METROPOLIS BUILDING ACTS.-Woolrych's Metropolis 
 Building Acts, together with such Clauses of the Metropolis 
 ISIanagement Acts, 1855 and 1862, and other Acts, as more par- 
 ticularly relate to the Buildings Acts, with Notes, Exjjlanatory of 
 the Sections and of the Architectural Terms contained therein. 
 Second Edition. By NOEL H. PATERSON, M.A., of the Middle 
 Temple, Esq., Barrister-at-Law. 12mo. 1877. 8s. 6c?, 
 
 MINES. — Rogers' Law relating to Mines, Minerals, 
 and Quarries in Great Britain and Ireland; 
 
 \vith a Summary of the Laws of Foreign States and Practical 
 Directions for obtaining Government Grants to work Foreign Mines. 
 Second Edition Enlarged. By ARUNDEL ROGERS, Esq., Bar- 
 rister-at-Law, 8vo. 1876. 11. lis. 6c;. 
 "Most comprehensive and complete."— Zaw Times, June 17, 1876. 
 "Although issued as a Second Edition, the work appeals to have been almost entirely 
 re-written and very much improved. . . . The volume will prove invaluable as a 
 work of legal reference." — The Mining Journal, May 13, 1870. 
 
 MORTGAGE.— Coote's Treatise on the Law of Mort- 
 gage.— Thkd Edition. Royal 8vo. 1850. Net, 11. 
 
 MORTMAIN.— Ra-wlinson's Notes on the Mortmain 
 Acts ; shewing their operation on Gifts, Devises and Bequests for 
 Charitable Uses. Designed for the U.se of Solicitors in Adminstra- 
 tion Suits in the Chancery Division of the High Court of Justice. 
 By JAMES RAWLINSON, Solicitor. Demy 8vo. 1877. Inter- 
 leaved. Net, 2s. 6d. 
 
 MUNICIPAL ELECTIONS.- FicZe "BaUot." 
 
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 NAVY".— Thring's Criininal Law of the Navy, with an 
 
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 the Hules (if Eviilence, ami an Appendix coinjirisinf^ the Naval 
 
 Discipline Act and Practical Fcirms. Second Ivlition. By 
 
 THEODORE THRING, of the Middle Temple, IJarristerat-Law, 
 
 late Commissioner of Bankruptcy at Liverpool, and C.E. GIFEORD, 
 
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 " In the new edition, the procedure, naval regulationj, fornn, and all matters con- 
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 Mr. Gitford, so that the work is in every way useful, compljto, aiiJ u;i to duto."^A'ai;at 
 atui ifUUary GuzdO:, Uecemb.-r IJ, l.>>77. 
 
 NISi PRIUS.— Roscoe's Digest of the Law of Evidence 
 on the Trial of Actions at Nisi Pri us.— Fourteenth 
 Edition. By JOHN DAY, one of Her Majesty's Counsel, and 
 MAURICE POWELL, Barrister-at-Law. Royal 12mo. 1879. 21. 
 
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 Selwyn's Abridgment of the Law of Nisi 
 Pri us.— Thirteenth Edition. By DAVID KEANE, Q.C., 
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 Judi,'es of the Supreme Court of the Cape of Good Hope. 2 vols. 
 Royal 8 vo. 1869. (Published at 21. 16s.) Net, II. 
 
 NOTANDA.— Fu/e "Digests." 
 
 NOTARY.— Brooke's Treatise on the Office and Prac- 
 tice of a Notary of England.— With a full collection of 
 Precedents. Fourth Ediiion. By LEONE LEVI, Esq., F.S.A., 
 of Lincoln's Inn, Bamster-at-Law. 8vo. 1876. 1/. 4g. 
 
 NUISANCES.— FitzGerald.— FtV/c "Public Health." 
 
 OATHS.— Braithwaite's Oaths in the Supreme Court 
 of Judicature. — A Manual for the use of Commissioners to 
 Administer Oaths in the Supreme Court of Judicature in England. 
 Part I. containing practical information respecting their Apjjoint- 
 ment, Designation, Jurisdiction, and Powers ; Part II. compri.sino- a 
 collection of ofticiaUy recognised Forms of Jurats and Oaths with 
 Explanatory Observations. By T. W. BRAITHWAITE, of the 
 Record and Writ Clerks' Office. Fcap. Svo. 1S76. 4s. Qd. 
 
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 " The work will, we doubt not, become the recognised guide of commissioners to 
 
 administer OAihs.'—Sollciton' Journal, May 6, 1576. 
 
 PARTITION.-Foster.— Fu/t; " Real E.state." 
 
 PARTNERSHIP.— Pollock's Digest of the Law of Part- 
 
 nership. By FREDERICK POLLOCK, of Lincoln's Inn, 
 
 Esq., Barrister-at-Law. Author of " Principles of Contract at Law 
 
 ami in E<piity." Demy 8vo. 1S77. 8s. Qd. 
 
 *»* The object of this work is to give the substance of the Law 
 
 of Partnership (excluding Companies) in a concise and definite form. 
 
 "Of the execution of the work, we can sptak iu terms of the highest praise The 
 
 language is simple, concise, and dear ; and the f,'eueral proposi-.ions may bear compai-isou 
 
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 iu design, schohiily and complete in execution."— Saiurrfn^ Revien; May 5, 1877 
 
 " A few more books written .as carefully an the ' Digest of the Law of Partnership ' will 
 perhaps, remove some drawbacks, and render English law a plcusanter and easier Bubiect 
 to study than it is at present."— TV Examiner, March 31, 1877. 
 
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 PATENTS. — Hiiidmarch's Treatise on the Law rela- 
 ting to Patents. — 8vo. i^'4ti. i;. ig, 
 Johnson's Patentees' Manual; being a Treatise 
 on the Law and Practice of Letters Patent, 
 especially intended for the use of Patentees 
 and Inventors.— By JAMES JOHNSON, Barrister-at-Law. 
 and J. H. JOHNSON, Solicitor and Patent Agent. Fourth Edition. 
 Thoroughly revised and rniich enlarged. Dtmy 8vo. 1879. 10s. 6cl. 
 
 Thompson's Handbook of Patent Law of all 
 Countries.— ThirdEdition, revised. By WM. P. THOMPSON, 
 C.E., Head of the International Patent Uffiee, Liverpool. 12mo. 
 1878. Net 2s. 6cZ. 
 
 PERSONAL PROPERTY.— Smith.— F/f/€ "Real Property." 
 
 PET IT IONS.— Pa 1 m e r.— Vide " Conveyancing." 
 
 PETTY SESSIONS.— Stone's Practice for Justices of 
 the Peace, Justices' Clerks and Solicitors at Petty and Special 
 Sessions, in Summary Matters and Indictable Offences, with a List 
 of Summary Convictions and of Matters not Criminal. With Forme. 
 Eighth Edition. By THOMAS SIRRELL PRITCHARD, of 
 the Inner Temple, Esq., Barrister-at-Law, Recorder of Wenlock. 
 In 1 vol. Demy 8vo. 1S77. 1/. 10s. 
 
 "The book, as a whole, is thoroughly satiRfactory, and, having gone carefully through 
 
 it, we can recommend it with continence to the numerona body of our readers who are 
 
 daily interested in the subjects to which it relates." — £<)licitors' Journal, December kth, 
 
 1877. 
 
 POOR LAW.— Davis' Treatise on the Poor Laws. — Being 
 
 Vol IV. of Bums' Justice of the Peace. 8vo. 1869. 11. lis. 6d. 
 
 POWERS. — Farwell on Powers.— A Concise Treatise on 
 
 Powers. By GEORGE FARWELL, B.A., of Lincoln's Inn, Esq. 
 
 Barrister-at-Law. 8vo. 1874. ll.ls 
 
 " We recommend Mr. Farwell's book as containing within a small compass what would 
 
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 PRECEDENTS. — Vide " Conveyancing." 
 
 PRINCIPAL AND AGENT.— Petgrave's Principal and 
 
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 E. C. PETGRAVE, Solicitor. 12mo. 1857. 7s. M. 
 
 Fetgrave's Code of the Law of Principal and 
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 Demy 12mo. 1876. Net, seiced, 2s, 
 
 PRIVY COUNCIL. — Finlason's History, Constitution, 
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 PROBATE. — Browne's Probate Practice: a Treatise on the 
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 at-Law, Recorder of Ludlow. 8vo. 1873. 11. Is. 
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 PUBLIC HEALTH.— Chambers' Exhaustive Index to 
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 CHAMBERS, K^i, Banister-at-Law. Imp. 8vo. 1877. 4s. 6d. 
 
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 With Explanatory Introduction, Notes, Cases, and Index. By 
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 187G. !'• !«• 
 
 "A copious and well-executed analytical index conapletcs the work which we can 
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 of Reported Cases. By GEORGE F. CHAMBERS, Esq., Bar- 
 rister-at Law. 12mo. 1878. Net, 2s. 6d. 
 
 QUARTER SESSIONS.— Leeming & Cross's General and 
 Quarter Sessions of the Peace.- Their Jurisdiction 
 and I'i;u:ti(.e in other than Criminal matters. Second Edition. By 
 HORATIO LLOYD, Escj., Recorder of Che-ter, Judge of County 
 Courts, and De{iuty-Chairmaa of Quarter Sissions, and H. F. 
 THURLOW, 01 the Inner Temple, Esq., Banister-at-Law. Svo. 
 187t3. 1'. 1«. 
 
 " The presfiit editors ajipcar to have taken the utmost painn to make the volume com- 
 plete, aud, from unr exaudii tion of it, we cau thoruughly recommend it to all interested 
 in the practice of quarter sessions."— Luu) Timet, March IH, 1S76. 
 
 Pritchard's Quarter Sessions. — The Jurisdiction, Prac- 
 tice and Procetlure of the Quarter Sessions in Criminal, Ci\-il, and 
 Appellate Matters. By THOS. SIRRELL PRITCHARD, of the 
 Inner Temple, Esq., Barrister-at-Law, Recorder of Wenlock. 8to, 
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 26 STEVENS ANL> SONS' LAW PUBLICATIONS. 
 
 RAILWAYS.— Browne.— Fide " Carriers." 
 
 Lely's Railway and Canal Traffic Act, 1873.— 
 
 And other Eaihvav and Canal Statutes ; with the General Orders, 
 Forms, and Table of Fees. By J. M. LELY.Esq. Post 8vo. 1873. 8s. 
 
 RATES AND RATING. — Chamber's Law relating to 
 Rates and Rating ; with especial reference to the Powers 
 and Duties of Eate-levjing Local Authorities, and their Officers. 
 Being the Statutes in full and brief Notes of 550 Cases. By 
 GEO. F. CHAMBERS, Esq., Barrister-at-Law. Imp. 8vo. 1878. 
 
 12& 
 
 REAL ESTATE. — Foster's Law of Joint Ownership 
 and Partition of Real Estate. By EDWARD JOHN 
 FOSTER. M.A., late of Liucoln'.s Inn, Barrister-at-Law. Svo. 
 1878. ' lOs. M. 
 
 REAL PROPERTY.— Dart. — Vide "Vendors and Purchasers." 
 
 Greenwood's Recent Real Property Statutes. 
 Comprising those passed during the years 1874-1877 inclusive. 
 Consolidated with the Earlier Statutes thereby Amended. With 
 Copious Notes, and a Supplement containing the Orders under the 
 Settled Estates Act, 1S78. By HARRY GREENWOOD, M.A., 
 Esq., Banister-at-Law, Joint Editor of "Notanda." Demy Svo. 
 1878. 10«. 
 
 : %* Forms a Suj plenif nt to the 8th edition of " Shelford's Real Pi-operty Statutes." 
 
 '' To students particularly this collection, with the careful notes and references to 
 previous legislation, will be of considerable value . . . The cases are fully noted up, 
 and the index has evidently been prepared with much cave."— Law Times, Oct. 26, 1878. 
 
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