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STATUTES-continued.

33 & 34 Vict. c. 93 (Married Women's Property), 204, 229
33 & 34 Vict. c. 97 (Stamps), 40, 265, 616, 619, 673, 674.

34 & 35 Vict. c. 70 (Local Government), 421

34 & 35 Vict. c. 79 (Lodgers' Protection), 8

36 & 37 Vict. c. 50 (Places of Worship Sites), 408, 409

36 & 37 Vict. c. 52 (Intestates' Widows and Children), 508

36 & 37 Vict. c. 66 (Judicature), 24, 345

36 & 37 Vict. c. 86 (Elementary Education), 409

37 & 38 Vict. c. 37 (Powers), 389

37 & 38 Vict. c. 50 (Married Women's Property Amendment), 230

37 & 38 Vict. c. 57 (Real Property Limitation), 8, 657

37 & 38 Vict. c. 78 (Vendor and Purchaser), 71

38 & 39 Vict. c. 27 (Intestates' Widows and Children), 508

38 & 39 Vict. c. 55 (Public Health), 430

38 & 39 Vict. c. 87 (Land Transfer), 377, 379

38 & 39 Vict. c. 92 (Agricultural Holdings), 37

40 & 41 Vict. c. 13 (Stamps), 779

40 & 41 Vict. c. 18 (Settled Estates), 40, 41

41 Vict. c. 19 (Matrimonial Causes Act), 235

41 & 42 Vict. c. 31 (Bills of Sale), 341

43 Vict. c. 14 (Stamps), 515

44 Vict. c. 12 (Stamps), 509 et seq., 513, 515, 520, 542

44 & 45 Vict. c. 41 (Conveyancing and Law of Property), 19, 22, 42,
65, 169, 189, 190, 191, 192, 239, 254, 255, 285, 345, 459, 560, 619,
700, 755

45 & 46 Vict. c. 21 (Places of Worship Sites), 408

45 & 46 Vict. c. 38 (Settled Land), 40, 41, 171, 246 to 253, 785 et seq.

45 & 46 Vict. c. 39 (Conveyancing), 188, 190, 700, 755

45 & 46 Vict. c. 75 (Married Women's Property), 204 to 208, 226,
230, 231, 443

46 & 47 Vict. c. 52 (Bankruptcy), 5, 28, 261

46 & 47 Vict. c. 61 (Agricultural Holdings), 2, 6, 7, 26, 33, 35, 100,
158, 261

47 & 48 Vict. c. 18 (Settled Land), 41, 248, 393

49 & 50 Vict. c. 27 (Guardianship of Infants), 534

50 & 51 Vict. c. 73 (Copyholds), 534

51 Vict. c. 8 (Stamps), 49, 268, 520, 524

51 Vict. c. 21 (Law of Distress), 7

51 Vict. c. 42 (Mortmain and Charitable Uses), 403, 483
51 & 52 Vict. c. 59 (Trustees), 169, 175, 179, 184, 203

SUCCESSION DUTY,

what disposition creates a liability to, 520
payable by survivor of joint tenants, 520

on increase of benefit, by extinction of charge, 521
VOL. II.

3 к

SUCCESSION DUTY-continued.

after an appointment under power,

where power is general, payable as if appointor were successor,

520

where power is limited, payable as if appointee were successor,

520

after alienation of succession before Act, payable by alienee at same
time and rate as original successor, 523

ditto, after alienation since Act, unless alienation confers new suc-
cession, 523

after acceleration by surrender, &c., payable as if no acceleration, 523
what is same acquisition of same property, for purpose of, 531
where there has been double devolution, payable at highest rate, 522
not payable on policy as between assurer and assured, 523

nor on contract for money or money's worth, 523

for purpose of, marriage not money's worth, 528

at what rates payable, 521

at what rate payable, where successor has husband or wife nearer of
kin to predecessor, 522

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after alienation under power of sale in settlement, what payable, 532
after alienation by tenant for life and remainderman, what payable, 531
meaning of terms in Act, " competency to dispose by will,” 531

66

necessary outgoings," 531
"annual value," 532

"incumbrances," 532

evidence of payment of, what sufficient, 527

payable irrespective of domicile, 527

SURRENDER,

express, must be by deed, if of lease requiring deed, 27
when, at law arises, 27

of underleases, not necessary on renewal of superior lease, 30
or merger of reversion, effect of, 24

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TENANT,

consequence of, holding over, 2, 30, 31

liable for actual waste, 12

liability of, as regards permissive waste, and repairs, 12
repairs to be done by, under ordinary covenant, 13.
liability of, in case of fire, in absence of covenant, 14
under covenant to repair, 14

fixtures of, when they must be removed, 33

when, is entitled to emblements, 31

right of, to compensation for improvements, 36

cannot dispute landlord's title, but may show that it has expired, 44
must not confound boundaries, 45

right of, of mines to let down surface, 111

TENANT FOR LIFE,

power of, to lease under Settled Estates Act, 40

powers of, under Settled Land Act. See SETTLED LAND ACT.

may purchase from trustees under power exerciseable with his con-
sent, 177

may exercise power to appoint new trustees, notwithstanding aliena-
tion of his life interest, 193

may convey limited quantity of land for certain charitable purposes,
408

TENANT-IN-TAIL,

no lapse on death of, leaving inheritable issue, 475

disposition by, of freeholds, 653

of copyholds, 655

of money liable to be laid out in land, 656

married woman, disposition by, 655

bankrupt, 656

adverse possession against, 656

THELLUSSON ACT,

provisions of, 480 et seq.

TIMBER,

may be cut by tenant for life impeachable for waste, with consent of
trustees or Court, 247

part of proceeds of sale of, to be capitalized, 806

TITHE RENT-CHARGE,

not a tax, within general covenant in lease, 11

TRAITORS AND FELONS,

can make a will, 444

TRUST,

definition of, 161

bare and active, 161

express and implied or constructive, 163

against whom, may be enforced, 164

must be exercised in accordance with conditions prescribed, 170
to sell within a given time, may be exercised afterwards, 170
follows the estate, 165

when exerciseable by heir or devisee, before recent Act, 165, 166
created by will, cannot be exercised by testator's heir, if trustee dies
or disclaims, 168

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TRUSTEE.

inoperative as regards persons dying since 1881, except as
to copyholds. .458

See NEW TRUSTEES; SETTLED LAND ACT.

Power and duties of, as to sales,

should use proper diligence to obtain best price, 168

may fix reserve bidding, 169

may sell, subject to conditions, 169

when sale by, may be impeached on ground that conditions are

depreciatory, 169

may sell trust property in conjunction with other, 173

contract by, if a breach of trust, not enforced, 174

can give a good discharge for purchase-money, 174

can in certain cases appoint agent to receive money, 175
cannot sell to himself or co-trustee, 176

may sell property improperly purchased, 186
may sell to tenant for life, 177

Power and duties of, as to investments,

what investments authorized by law, 178

what proportion of value, may lend on mortgage, 181
may act on report of independent surveyor, 181, 185
may dispense with production of lessor's title, 181

may accept less than forty years' title, 181

liability of, if mortgaged property of insufficient value, 181
may not lend on contributory mortgage, 182

whether, may purchase redeemable stock, 182

TRUSTEE-continued.

Generally,

bare, what is a, 161

bare or disclaiming, may purchase from cestui que trust, 178
bankrupt, unfit to be, 193

disclaimer by, 186

duty of, as to repairs of leasehold property, 202

liability of, for acts of agent, 185

making payments to attorney without notice of death of prin-
cipal, indemnified, 754

may compound and settle claims, 185

insure against fire, 184

obtain opinion of Court on questions of management, 196

pay money into Court under Trustees Relief Act, 194

plead Statute of Limitations, 203

renew leases, 184

retire with certain consents, 191

may not charge for professional services, 202, 203

delegate trust by act inter vivos, 165

devise trust estate, except copyholds, 458

no forfeiture on attainder of, 199

passive, when entitled to indemnity from active, 186
purchase by, from cestui que trust, when valid, 176
when entitled to possession of title deeds, 200

entitled to a release, 683, 695

takes legal estate under devise. See LEGAL ESTATE.

UNDERLEASE,

covenants to insure in, 15, 62

not a breach of covenant against assignment, 17

surrender of, unnecessary on renewal of superior lease, 30

form of covenant as to repairs in, where underlessor requires a com-
plete indemnity, 88

UNMARRIED,

meaning of a word, in a settlement, 241

VENDOR AND PURCHASER ACT,

who is a bare trustee under, 162

married woman can convey legal estate in land held for her separate
use under, semble, 219.

VESTING. See LEGACIES.

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