Vict. c. 38, protection 45 & 46 charge, a purchaser, lessee, mortgagee, or other person 88. 5456, dealing in good faith with a tenant for life shall, as against all parties entitled under the settlement, be conclusively taken to have given the best price, consideration, or rent, chasers,&c. as the case may require, that could reasonably be obtained by the tenant for life, and to have complied with all the requisitions of this Act. of pur Exercise of powers; 55.-(1.) Powers and authorities conferred by this Act limitation on a tenant for life or trustees or the Court or the Land Commissioners are exerciseable from time to time. of provi sions, &c. Saving for other powers. (2.) Where a power of sale, enfranchisement, exchange, partition, leasing, mortgaging, charging, or other power is exercised by a tenant for life, or by the trustees of a settlement, he and they may respectively execute, make, and do all deeds, instruments, and things necessary or proper in that behalf. (3.) Where any provision in this Act refers to sale, purchase, exchange, partition, leasing, or other dealing, or to any power, consent, payment, receipt, deed, assurance, contract, expenses, act, or transaction, the same shall be construed to extend only (unless it is otherwise expressed) to sales, purchases, exchanges, partitions, leasings, dealings, powers, consents, payments, receipts, deeds, assurances, contracts, expenses, acts, and transactions under this Act. 56.-(1.) Nothing in this Act shall take away, abridge, or prejudicially affect any power for the time being subsisting under a settlement, or by statute or otherwise, exerciseable by a tenant for life, or by trustees with his consent, or on his request, or by his direction, or otherwise; and the powers given by this Act are cumulative. (2.) But in case of conflict between the provisions of a settlement and the provisions of this Act, relative to any matter in respect whereof the tenant for life exercises or contracts or intends to exercise any power under this Act, the provisions of this Act shall prevail; and, accordingly, notwithstanding anything in the settlement, the consent of the tenant for life shall, by virtue of this Act, be neces Vict. c. 38, sary to the exercise by the trustees of the settlement or 45 & 46 other person of any power conferred by the settlement exerciseable for any purpose provided for in this Act. (3.) If a question arises, or a doubt is entertained, respecting any matter within this section, the Court may, on the application of the trustees of the settlement, or of the tenant for life, or of any other person interested, give its decision, opinion, advice, or direction thereon. 88. 56-58. or larger powers by 57.—(1.) Nothing in this Act shall preclude a settlor Additional from conferring on the tenant for life, or the trustees of the settlement, any powers additional to or larger than settlement. those conferred by this Act. (2.) Any additional or larger powers so conferred shall, as far as may be, notwithstanding anything in this Act, operate and be exerciseable in the like manner, and with all the like incidents, effects, and consequences, as if they were conferred by this Act, unless a contrary intention is expressed in the settlement. XIII.-LIMITED OWNERS GENERALLY. LIMITED OWNERS RALLY. 58.-(1.) Each person as follows shall, when the estate or interest of each of them is in possession, have the tion of powers of a tenant for life under this Act, as if each of limited other them were a tenant for life as defined in this Act owners, (namely): (i.) A tenant in tail, including a tenant in tail who to have powers of is tenant for by Act of Parliament restrained from barring or defeating his estate tail, and although the reversion is in the Crown, and so that the exercise by him of his powers under this Act shall bind the Crown, but not including such a tenant in tail where the land in respect whereof he is so restrained was purchased with money provided by Parliament in consideration of public services : (ii.) A tenant in fee simple, with an executory limita B B life. 45 & 46 Vict. c. 38, s. 58. tion, gift, or disposition over, on failure of his issue, or in any other event (m): (iii.) A person entitled to a base fee, although the reversion is in the Crown, and so that the exercise by him of his powers under this Act shall bind the Crown: (iv.) A tenant for years determinable on life, not holding merely under a lease at a rent (v.) A tenant for the life of another, not holding merely under a lease at a rent: (vi.) A tenant for his own or any other life, or for years determinable on life, whose estate is liable to cease in any event during that life, whether by expiration of the estate, or by conditional limitation or otherwise, or to be defeated by an executory limitation, gift, or disposition over, or is subject to a trust for accumulation of income for payment of debts or other purpose (m): (vii.) A tenant in tail after possibility of issue extinct : (viii.) A tenant by the curtesy: (ix.) A person entitled to the income of land under a trust or direction for payment thereof to him during his own or any other life, whether subject to expenses of management or not, or until sale of the land, or until forfeiture of his interest therein on bankruptcy or other event. (2.) In every such case, the provisions of this Act referring to a tenant for life, either as conferring powers on him or otherwise, and to a settlement, and to settled land, shall extend to each of the persons aforesaid, and to the instrument under which his estate or interest arises, and to the land therein comprised. (3.) In any such case any reference in this Act to death as regards a tenant for life shall, where necessary, be deemed to refer to the determination by death or otherwise of such estate or interest as last aforesaid. (m) See Conveyancing Act, 1882, s. 10, p. 348. XIV. INFANTS; MARRIED WOMEN; LUNATICS. 45 & 46 Vict. c. 38, 88. 59-61. INFANTS; 59. Where a person, who is in his own right seised of or MARRIED entitled in possession to land, is an infant, then for pur- WOMEN; poses of this Act the land is settled land, and the infant shall be deemed tenant for life thereof. LUNATICS. Infant absolutely entitled to be as life. Tenant for 60. Where a tenant for life, or a person having the tenant for powers of a tenant for life under this Act, is an infant, or an infant would, if he were of full age, be a tenant for life, life, infant. or have the powers of a tenant for life under this Act, the powers of a tenant for life under this Act may be exercised on his behalf by the trustees of the settlement (n), and if there are none, then by such person and in such manner as the Court, on the application of a testamentary or other guardian or next friend of the infant, either generally or in a particular instance, orders. 61.—(1.) The foregoing provisions of this Act do not Married apply in the case of a married woman. woman, how to be (2.) Where a married woman who, if she had not been affected. a married woman, would have been a tenant for life or would have had the powers of a tenant for life under the foregoing provisions of this Act, is entitled for her separate use, or is entitled under any statute, passed or to be passed, for her separate property, or as a feme sole, then she, without her husband, shall have the powers of a tenant for life under this Act (o). (3.) Where she is entitled otherwise than as aforesaid, then she and her husband together shall have the powers of a tenant for life under this Act. (4.) The provisions of this Act referring to a tenant for life and a settlement and settled land shall extend to the married woman without her husband, or to her and her husband together, as the case may require, and to the in (n) See Prec. XXVI., p. 47. As to the meaning of trustees of the settlement see note (a), p. 330. (0) See Prec. XXVII., p. 50, and Married Women's Property Act, 1882, p. 148. 45 & 46 strument under which her estate or interest arises, and to Vict. c. 38, 88. 61-63. the land therein comprised. Tenant for life, lunatic. SETTLE MENT BY WAY OF TRUSTS (5.) The married woman may execute, make, and do all deeds, instruments, and things necessary or proper for giving effect to the provisions of this section. (6.) A restraint on anticipation in the settlement shall not prevent the exercise by her of any power under this Act. 62. Where a tenant for life, or a person having the powers of a tenant for life under this Act, is a lunatic, so found by inquisition, the committee of his estate may, in his name and on his behalf, under an order of the Lord Chancellor, or other person intrusted by virtue of the Queen's Sign Manual with the care and commitment of the custody of the persons and estates of lunatics, exercise the powers of a tenant for life under this Act (p); and the order may be made on the petition of any person interested in the settled land, or of the committee of the estate. XV.—SETTLEMENT BY WAY OF TRUSTS FOR SALE (9). 63.-(1.) Any land, or any estate or interest in land, FOR SALE. which under or by virtue of any deed, will, or agreement, covenant to surrender, copy of court roll, Act of Parliament, or other instrument or any number of instruments, Provision for case of trust to (p) See Prec. XXVIII., p. 51. It was usual to make such entitled to the benefit of the proceeds of sale for life, while he would in spite of the trust for sale in the trustees have a power of sale without their consent. On any sale by the trustees it would therefore be necessary that the tenant for life should join in the conveyance. Under these circumstances it seems better that such a settlement should in future be made by one deed and not by two deeds, see note (p) to Prec. LXXX., p. 169, |