respect of those of any other trustee, or of any banker, broker, or trustees 42. The trustees of a settlement, or any of them, are not Protection of liable for giving any consent, or for not making, bringing, taking, generally. or doing any such application, action, proceeding, or thing, as they might make, bring, take, or do; and in case of purchase of land with capital money arising under this Act, or of an exchange, partition, or lease, are not liable for adopting any contract made by the tenant for life, or bound to inquire as to the propriety of the purchase, exchange, partition, or lease, or answerable as regards any price, consideration, or fine, and are not liable to see to or answerable for the investigation of the title, or answerable for a conveyance of land, if the conveyance purports to convey the land in the proper mode, or liable in respect of purchase money paid by them by direction of the tenant for life to any person joining in the conveyance as a conveying party, or as giving a receipt for the purchase money, or in any other character, or in respect of any other money paid by them by direction of the tenant for life on the purchase, exchange, partition, or lease. bursement. 43. The trustees of a settlement may reimburse themselves Trustees' reimor pay and discharge out of the trust property all expenses properly incurred by them. court. 44. If at any time a difference arises between a tenant for Reference of life and the trustees of the settlement, respecting the exercise of differences to any of the powers of this Act, or respecting any matter relating thereto, the court may, on the application of either party, give such directions respecting the matter in difference, and respecting the costs of the application, as the court thinks fit. 45. (1.) A tenant for life, when intending to make a sale, Notice to exchange, partition, lease, mortgage, or charge, shall give notice trustees. of his intention in that behalf to each of the trustees of the settlement, by posting registered letters, containing the notice, addressed to the trustees, severally, each at his usual or last known place of abode in the United Kingdom, and shall give like notice to the solicitor for the trustees, if any such solicitor is known to the tenant for life, by posting a registered letter, containing the notice, addressed to the solicitor at his place of business in the United Kingdom, every letter under this section being posted not less than one month before the making by the tenant for life of the sale, exchange, partition, lease, mortgage, or charge, or of a contract for the same. (2.) Provided that at the date of notice given the number of trustees shall not be less than two, unless a contrary intention is expressed in the settlement. Appointment of trustees. (3.) A person dealing in good faith with the tenant for life is not concerned to inquire respecting the giving of any such notice as is required by this section. The Conveyancing Act, 1882. 45 & 46 VICT. c. 39. (a) Separate Trustees. 5.-(1.) On an appointment of new trustees, a separate set of separate sets of trustees may be appointed for any part of the trust property held on trusts distinct from those relating to any other part or parts of the trust property; or, if only one trustee was originally appointed, then one separate trustee may be so appointed for the first-mentioned part. Disclaimer of power by trustees. (2.) This section applies to trusts created either before or after the commencement of this Act. Powers. 6. (1.) A person to whom any power, whether coupled with an interest or not, is given, may, by deed, disclaim the power; and, after disclaimer, shall not be capable of exercising or joining in the exercise of the power. (2.) On such disclaimer, the power may be exercised by the other or others, or the survivors or survivor of the others, of the persons to whom the power is given, unless the contrary is expressed in the instrument creating the power. (3.) This section applies to powers created by instruments coming into operation either before or after the commencement of this Act. Possession of lands to be in him or them that have the use. USES. The Statute of Uses. 27 HEN. 8, c. 10. 1. Where any person or persons shall be seized of any lands, tenements, or hereditaments, to the use, confidence, or trust, of any other person or persons, or body politic, such person or persons and bodies politic, that shall have any such use, confidence, or trust, shall be seized and deemed in lawful seizin and possession of the same lands, tenements, and hereditaments, of and in such like estates as they shall have in use, trust, or confidence of or in the same. (b) (a) For other sections of this Act see ante, pp. 174, 227, 257, 292. (b) The statute only executes the first use: (Tyrell's case, Dyer, 155a.) It does not extend to copyholds, nor to leaseholds. seized. 2. Where persons shall be jointly seized of lands, tenements, Persons jointly or hereditaments, to the use, confidence, or trust of any of them, the person or persons having such use, &c., shall have only to him or them such estate, possession, or seizin, in the same lands, &c., as he or they had before in the use, &c. use that rent should be paid 3. Where persons stand seized of any lands, tenements, or Land assured to hereditaments, to the use and intent that some other person or persons shall have yearly to them and to his or their heirs, an thereout. annual rent out of the same, and some other person another annual rent to him and his assigns, for life or years, or some other special time, the persons that have such use and interest shall be deemed in possession, and seizin of the same rent, in such like estate as they had in the interest or use, and may distrain for such rent, and have the same remedies as if such rents had actually been granted to them. By other sections it is provided that a married woman shall Jointure and not be entitled both to jointure and dower out of the lands of dower. her husband; but in case the jointure shall be given to her after marriage (and not by Act of Parliament), she may elect to take the same or her dower. WARRANT OF ATTORNEY, AND COGNOVIT. An Act for preventing Frauds upon Creditors by Secret Warrants of Attorney to confess Judgment. 3 GEO. 4, c. 39. 1. Every warrant of attorney to confess judgment in any Warrants of personal action, or a true copy thereof, and of the attestation moits to be attorney and thereof, and the defeasance and indorsements thereon, in case filled. the same shall be given to confess judgment in the King's Bench, or such a true copy as aforesaid if in any other court, shall within twenty-one days after execution be filed with an affidavit of the time of execution in the King's Bench. (a) 2. Unless so filed, or judgment signed and execution issued within the same period, the warrant of attorney shall be deemed fraudulent and void in case of the bankruptcy of the person giving the same. 3. Enactments similar to the above in case of a cognovit actionem. 4. If such warrant of attorney or cognovit shall be given Defeasance. subject to any defeasance or condition, the same shall be written on the same paper or parchment with the warrant of attorney or cognovit before filing, otherwise such warrant of attorney or cognovit shall be null and void. 8. A judge of the court in which such warrant of attorney Satisfaction. (a) Such documents are now filed in the Central Office. Warrants of vits, and judges' orders to be filled. or cognovit is given, may order satisfaction to be written thereon if it shall appear to him that the debt for which the same is given as a security shall have been satisfied or discharged. An Act to enlarge the Provisions of the 3 Geo. 4, c. 39. 6 & 7 VICT. c. 66. By this Act it is provided that a book shall be kept at the [Central] Office containing the names, additions, and descriptions of persons giving such warrants of attorney or cognovits, but no further particulars, and which book shall be open to public inspection. The Debtors Act, 1869. 32 & 33 VICT. c. 62. (a) 24 and 26. Every warrant of attorney and cognovit actionem attorney, cogno- shall be executed in the presence of an attorney on behalf of the person giving the same, and shall be filed in the [Central Office] within twenty-one days after execution, and if given subject to any defeasance or condition, the same shall be written on the same paper or parchment, with the warrant or cognovit before the filing thereof. All property may 27. Judges' orders made by consent to enter up judgment shall be filed in the [Central Office] within twenty-one days. WILLS. An Act for the Amendment of the Laws with respect to Wills. 1 VICT. c. 26. 3. Every person may dispose of by his will all property be disposed of by which he shall be entitled to at the time of his death, including will. copyholds, notwithstanding that the testator may not have surrendered the same to the use of his will, or notwithstanding he shall not have been admitted, and also estates pur autre vie, whether there shall be any special occupant or not, and also contingent, executory, or other future interests, and rights of entry, and also such property as the testator may be entitled to at the time of his death, notwithstanding he may become entitled to the same subsequently to the execution of his will. (a) For Part I. of this Act see ante, p. 136, and for Part II. see post, Part III. 4. The Act is not to prejudice the rights of lords of manors as to fines, &c. 5. When copyholds shall be disposed of by will, such will, or Copyholds. so much thereof as shall contain such disposition, shall be entered on the court rolls, and when any trusts are declared concerning the same, it shall not be necessary to enter the declaration of such trusts, but it shall be sufficient to state in the entry that such estate is subject to the trusts declared by such will; and when any such estate could not have been disposed of by will if this Act had not been made, the same fine, &c., shall be paid by the devisee as would have been due from the customary heir in case of descent. 6. If no disposition be made by will of a freehold estate pur Estates pur autre autre vie, the same shall be chargeable in the hands of the heir vie if special occupant as assets by descent, and in case there be no special occupant of any estate pur autre vie, it shall go to the executor or administrator as personal estate. 7. No will made by any person under the age of twenty-one Infant. shall be valid. 8. No will made by any married woman shall be valid, except Married woman. such a will as might have been made by a married woman before the passing of this Act. 9. No will shall be valid unless it shall be in writing, and Execution. signed at the foot or end thereof, by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of a testator, but no form of attestation shall be necessary. (a) will. 10. No appointment by will in exercise of any power shall Appointment by be valid unless executed in manner herein before required; but, if so executed, it shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity. 11. Provided that any soldier in actual military service, or any Soldiers, &c. mariner or seaman being at sea, may dispose of his personal estate as he might have done before the making of this Act. 13. Every will executed in manner herein before required shall No publication. be valid without any other publication thereof. (a) An attesting witness may sign for a testator by his direction: (Smith v. Harris, 1 Rob. 262; Re Bayley, 1 Curt. 914.) Although no form of attestation is required by the Act, yet it is better to adopt the ordinary form in order to avoid the trouble and expense of procuring an affidavit as to due execution from one of the attesting witnesses on application for probate. с с |