45 & 46 Vict. c. 38, ing the settled land, or part thereof, in conformity with 83. 10-13, the order. Part of 11. Under a mining lease, whether the mines or minerals mining rent to be leased are already opened or in work or not, unless a conset aside. trary intention is expressed in the settlement, there shall be from time to time set aside, as capital money arising under this Act, part of the rent as follows, namely,-where the tenant for life is impeachable for waste in respect of minerals, three fourth parts of the rent, and otherwise one fourth part thereof, and in every such case the residue of the rent shall go as rents and profits. Special Powers. 12. The leasing power of a tenant for life extends to the making of (i.) A lease for giving effect to a contract entered into by any of his predecessors in title for making a lease, which, if made by the predecessor, would have been binding on the successors in title; and (ii.) A lease for giving effect to a covenant of renewal, performance whereof could be enforced against the owner for the time being of the settled land ; and (iii.) A lease for confirming, as far as may be, a previous lease, being void or voidable; but so that every lease, as and when confirmed, shall be such a lease as might at the date of the original lease have been lawfully granted, under this Act, or otherwise, as the case may require. Surrenders. 13.—(1.) A tenant for life may accept, with or without consideration, a surrender of any lease of settled land, whether made under this Act or not, in respect of the whole land leased, or any part thereof, with or without an exception of all or any of the mines and minerals therein, 45 & 46 or in respect of mines and minerals, or any of them. (2.) On a surrender of a lease in respect of part only of the land or mines and minerals leased, the rent may be apportioned. (3.) On a surrender, the tenant for life may make of the land or mines and minerals surrendered, or of any part thereof, a new or other lease, or new or other leases in lots. (4.) A new or other lease may comprise additional land or mines and minerals, and may reserve any apportioned or other rent. (5.) On a surrender, and the making of a new or other lease, whether for the same or for any extended or other term, and whether or not subject to the same or to any other covenants, provisions, or conditions, the value of the lessee's interest in the lease surrendered may be taken into account in the determination of the amount of the rent to be reserved, and of any fine to be taken, and of the nature of the covenants, provisions, and conditions to be inserted in the new or other lease. (6.) Every new or other lease shall be in conformity with this Act. Copyholds. Vict. c. 38, ss. 13, 14, Copyholds. grant to 14.-(1.) A tenant for life may grant to a tenant of Power to copyhold or customary land, parcel of a manor comprised copyin the settlement, a licence to make any such lease of that holders land, or of a specified part thereof, as the tenant for life is leasing. by this Act empowered to make of freehold land. (2.) The licence may fix the annual value whereon fines, fees, or other customary payments are to be assessed, or the amount of those fines, fees, or payments. (3.) The licence shall be entered on the court rolls of the manor, of which entry a certificate in writing of the steward shall be sufficient evidence, licences for 45 & 46 Vict. c. 38, ss. 15, 16. SALES, LEASES, AND OTHER DISPOSI TIONS. Mansion and park. Restric tion as to mansion house, park, &c. Streets and open spaces. Dedication for streets, open spaces, &c. V.-SALES, LEASES, AND OTHER DISPOSITIONS. Mansion and Park. 15. Notwithstanding anything in this Act, the principal mansion house on any settled land, and the demesnes thereof, and other lands usually occupied therewith, shall not be sold or leased by the tenant for life, without the consent of the trustees of the settlement, or an order of the Court. Streets and open Spaces. 16. On or in connection with a sale or grant for building purposes, or a building lease, the tenant for life, for the general benefit of the residents on the settled land, or on any part thereof, (i.) May cause or require any parts of the settled land to be appropriated and laid out for streets, roads, paths, squares, gardens, or other open spaces, for the use, gratuitously or on payment, of the public or of individuals, with sewers, drains, watercourses, fencing, paving, or other works necessary or proper in connection therewith; and (ii.) May provide that the parts so appropriated shall be conveyed to or vested in the trustees of the settlement, or other trustees, or any company or public body, on trusts or subject to provisions for securing the continued appropriation thereof to the purposes aforesaid, and the continued repair or maintenance of streets and other places and works aforesaid, with or without provision for appointment of new trustees when required; and (iii.) May execute any general or other deed necessary or proper for giving effect to the provisions of this section (which deed may be inrolled in the Central Office of the Supreme Court of Judica Vict. c. 38, ture), and thereby declare the mode, terms, and 45 & 46 Surface and Minerals apart. Surface and minerals with sur with or 17.—(1.) A sale, exchange, partition, or mining lease, apart. may be made either of land, with or without an exception Separate or reservation of all or any of the mines and minerals dealing therein, or of any mines and minerals, and in any such face and case with or without a grant or reservation of powers of minerals, working, wayleaves or rights of way, rights of water and without drainage, and other powers, easements, rights, and privi- leaves, &c. leges for or incident to or connected with mining purposes, in relation to the settled land, or any part thereof, or any other land (2). (2.) An exchange or partition may be made subject to and in consideration of the reservation of an undivided share in mines or minerals. way for 18. Where money is required for enfranchisement, or Mortgage for equality of exchange or partition, the tenant for life equality may raise the same on mortgage of the settled land, or of money, &c. any part thereof, by conveyance of the fee simple, or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land or otherwise, and the money raised shall be capital money arising under this Act (k). (i) See Prec. XXXI., p. 59. (k) See Prec. LII., p. 96. This Aet gives no power to the tenant for life to raise money by mortgage of the settled estates except for enfranchisement or for equality of exchange or partition. The money raised will be capital money arising under the Aet, and consequently must be paid either to the trustees 45 & 46 Vict. c. 38, ss. 19, 20. share. Concurrence in exercise of Undivided Share. 19. Where the settled land comprises an undivided Undivided share in land, or, under the settlement, the settled land has come to be held in undivided shares, the tenant for life of an undivided share may join or concur, in any powers as manner and to any extent necessary or proper for any purpose of this Act, with any person entitled to or having power or right of disposition of or over another undivided share. to undivided share. Convey ance. Comple. tion of sale, lease, &c., by convey. ance. Conveyance. 20.—(1.) On a sale, exchange, partition, lease, mortgage, or charge, the tenant for life may, as regards land sold, given in exchange or on partition, leased, mortgaged, or charged, or intended so to be, including copyhold or customary or leasehold land vested in trustees (7), or as regards easements or other rights or privileges sold or leased, or intended so to be, convey or create the same by deed, for the estate or interest the subject of the settlement, or for any less estate or interest, to the uses and in the manner requisite for giving effect to the sale, exchange, partition, lease, mortgage, or charge (m). (2) It is usual in a strict settlement of freeholds copyholds and leaseholds to convey the freeholds to legal uses, to covenant to surrender and to surrender the copyholds to the use of the trustees and to assign the leaseholds to them upon trusts corresponding to the uses declared of the freeholds, see Prec. XC., p. 189. But the surrender of the copyholds to the trustees is not always followed by their admittance. If the fines are heavy perhaps only one trustee is admitted or none are admitted until the necessity for their admittance arises, and so too on the appointment of new trustees. Until however the trustees have been admitted the copyhold land cannot properly be said to be vested in them. The question therefore arises whether in this section the maxim "expressio unius est exclusio alterius" applies so as to limit the power of the tenant for life over copyholds to those copyholds only to which the trustees have been admitted. The word land by itself would include any estate or interest therein which is the subject of the settlement, see s. 2, subs. 3, and it seems more reasonable to suppose that the words "including copyhold land &c. vested in trustees" are intended to make it clear that the tenant for life can sell such lands even though the legal estate is vested in the trustees, than to suppose that they were intended to exclude other lands from the operation of the section. (m) This section is supplemented by s. 55, subs. 2, p. 368, which gives |