hereto, no such certificate has been filed in that name (or in any one or more of those names) during the period aforesaid. Forms. FORM X.-CERTIFICATE OF SEARCH BY REGISTRAR OF JUDGMENTS UNDER CON VEYANCING ACT, 1882, s. 2. Supreme Court of Judicature. Central Office. The Registry of Judgments. Certificate of Search pursuant to Section 2 of the Conveyancing Act, 1882. In the matter of A. B. and C. D. This is to certify that a search has been diligently made in the Office of the Registrar of Judgments for judgments, revivals, decrees, orders, rules, lis pendens, judgments at the suit of the Crown, Statutes, recognizances, Crown bonds, inquisitiors, and acceptances of office, for the period from 18 18 to 18 to 18 to both inclusive, and for executions for the period from 18 both inclusive, and for annuities for the period from 18 both inclusive, in the name (or names) of and that no judgment, revival, decree, order, rule, lis pendens, judgment at the suit of the Crown, statute, recognizance, Crown bond, inquisition, acceptance of office, execution, or annuity has been registered or re-registered in that name (or in any one or more of those names) during the respective periods covered by the aforesaid searches. or and that except the mentioned in the Schedule hereto, no judgment, revival, decree, order, rule, lis pendens, judgment at the suit of the Crown, Statute, recognizance, Crown bond, inquisition, acceptance of office, execution, or annuity has been registered or re-registered in that name (or in any one or more of those names) during the respective periods covered by the aforesaid search. FORM XI.-REQUISITION FOR CONTINUATION OF SEARCH UNDER THE CONVEYANCING Supreme Court of Judicature. Central Office. Requisition for continuation of Search. To the Clerk of Enrolments or The Registrar of [ In the matter of A. B. and C. D. Pursuant to section 2 of the Conveyancing Act, 1882, continue the search for in the name (or names) of 18 Dated both inclusive. Signature, address, and description of person requiring the search. Forms. FORM XII.-CERTIFICATE OF RESULT OF CONTINUED SEARCH UNDER THE CON- This is to certify that the search (or searches) mentioned in the within written Dated 1. This act may be cited for all purposes as The Settled 40 & 41 Vict. Estates Act, 1877." This act is a re-enactment with amendments of the Leases and Sales of Settled Estates Act, 1856 (19 & 20 Vict. c. 120), and the four amending acts (21 & 22 Vict. c. 77; 27 & 28 Vict. c. 45; 37 & 38 Vict. c. 33; and 39 & 40 Vict. c. 30), all which are repealed by this act. Such of the cases decided under the last-mentioned acts as are applicable to the present act are given in the notes. c. 18, s. 1. Short title. "settlement" 2. The word "settlement" as used in this act shall signify Interpretaany act of parliament, deed, agreement, copy of court roll, will, tion of or other instrument, or any number of such instruments, under and "settled or by virtue of which any hereditaments of any tenure or any estates.” 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 (a). The term "settled estates as used in this act shall signify all hereditaments of any tenure, and all estates or interests in any such hereditaments, which are the subject of a settlement (b); 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. All estates or interests in remainder or reversion not disposed of by the settlement, and reverting 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. In determining what are settled estates within the meaning of this act, the court shall be governed by the state of facts, and by 40 & 41 Vict. c. 18, s. 2. Cases under old act. Cases under the sect. Interpreta tion of "the court." Power to authorize leases of settled estates. the trusts or limitations of the settlement at the time of the said settlement taking effect. (a) This section re-enacts the provisions of 19 & 20 Vict. c. 120, s. 1; 21 & 22 Vict. c. 77, s. 1; and 27 & 28 Vict. c. 45, s. 3. A will and a sub-settlement were held together to constitute a "settlement" (Re Dendy, 4 Ch. D. 879). Accruer was held succession within the Act of 1856 (Re Goodwin, 3 Giff. 620; see, however, Re Bardin, 7 W. R. 711; 5 Jur. N. S. 1378). (b) The following were held to be settled estates within the Act of 1856:-Land limited to a person for life with remainder subject to a power of appointment to his heir (Beioley v. Carter, 4 Ch. 230); land devised in trust for several in fee, subject to the payment of one moiety of the income to B. for life (Re Shepheard, 8 Eq. 571); land devised in trust for A. on a contingency, with a gift over in default (Re Horne, 29 L. T. 830; see Re Bardin, 7 W. R. 711; and as to an estate in fee with an executory devise over, the construction being doubtful, see Re Williams, 20 W. R. 967); land limited on trust for A. for life, and on her death on trust for sale (Re Morgan, 9 Eq. 578; Carlyon v. Truscott, 20 Eq. 348); land devised in trust for sale, the proceeds to go in succession (Re Laing, 1 Eq. 416; Re Greene, 10 Jur. N. S. 1098; Collett v. Collett, 2 Eq. 203; Re Chamberlain, 23 W. R. 852; Re Morgan, 49 L. J. Ch. 577; Dixie v. Dixie, 1881, W. N. 49). Where an undivided share of an estate was settled it was held that the whole must be considered a settled estate (Re Shopheard, 8 Eq. 571; see Re Goodwin, 3 Giff. 620). As to copyholds, see Re Adair (16 Eq. 124). Under sect. 41 of the Conv. Act. 1881 (ante, p. 587), land vested in an infant in fee or for a leasehold interest at a rent is a settled estate within this act. Land was held a settled estate under this section, where the interest of the infant was determinable on death under twenty-one (Liddell v. Liddell, 31 W. R. 238; see Re Sparrow, 1892, 1 Ch. 412). 3. The expression "the court" in this act shall, so far as relates to estates in England, mean the High Court of Justice, and all causes and matters in respect of 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. 4. It shall be lawful for the court, if it shall deem it proper and consistent with a due regard for the interests of all parties entitled under the settlement, and subject to the provisions and restrictions in this act contained, to authorize leases of any settled estates, or of any rights or privileges over or affecting any settled estates, for any purpose whatsoever, whether involving waste or not, provided the following conditions be observed (c): First. Every such lease shall be made to take effect in possession at or within one year next after the making thereof, c. 18, s. 4. and shall be for a term of years not exceeding for an agri- 40 & 41 Vict. cultural 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 years as the court shall direct, where the court shall be satisfied that it is the usual custom of the district and beneficial to the inheritance to grant such a lease for a longer term than the term herein before specified in that behalf (d) : Secondly. On every such lease shall be reserved the best rent or reservation in the nature of rent, either uniform or not, that can be reasonably obtained, to be made payable halfyearly or oftener without taking 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 building 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 (e) : Thirdly. Where the lease is of any earth, coal, stone, or 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 sufficient provision shall be made to ensure such application of the aforesaid portion of the rent by the appointment of trustees or otherwise as the court shall deem expedient (ƒ): Fourthly. No such lease shall authorize the felling of any trees except so far as shall be necessary for the purpose of clearing the ground for any buildings, excavations, or other works authorized by the lease: 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. (c) This section substantially re-enacts 19 & 20 Vict. c. 120, s. 2, and 21 & 22 Vict. c. 77, ss. 2 and 4. By this section, however, the term for Irish agricultural leases is extended from twenty-one to thirty-five years, and leases at a small rent for the first five years are allowed. This section does not give a general power, which must be exerciseable at the instance of some one, but a modified power, subject to the restrictions |