Apportionment of rent.
(p) Stat. 11 Geo. IL c. 19, s. 15, explained by stat. 4 & 5 Will. IV. c. 22, s. 1. See Ex parte Smyth,
1 Swanst. 337, and the learned editor's note.
By an act of the present reign (x) tenants for life, and some other persons having limited interests, are empowered to apply to the Court of Chancery for leave to make any permanent improvements by draining the lands with tiles, stones or other durable materials, or by warping, irrigation, or embankment in a permanent manner, or by erecting thereon any buildings of a permanent kind incidental or consequential to such draining, warping, irrigation or embanking, and immediately connected therewith (y). And if, in the opinion of the Court, such improvements will be beneficial to all persons interested (z), the money expended in making- such improvements, or in obtaining the authority of the Court, will be charged on the inheritance of the lands, with interest at such rate as shall be agreed on, not exceeding five per cent, per annum, payable half-yearly (a); the principal money to be repaid by equal annual instalments, not less than twelve nor more than eighteen in number; or in the case of buildings, by equal annual instalments, not less than fifteen nor more than twenty-five in number (b). And under the provisions of more recent acts of parliament (c), called the Public Money Drainage Acts, tenants for life and other owners of land may obtain advances from government for works of drainage, which may be completed within five years (d); such advances to be repaid by a rent-charge on the land, after the rate of 61. 10s. rent-charge for every 100/. advanced, and to be payable for the term of twenty-two years (e). By another act of parliament called the Private Money Drainage Act, 1849 (f), the owner of any land in Great Britain or Ireland was empowered to borrow or advance money for the improvement of such land by works of drainage; such money, with interest not exceeding five per cent, per annum, to be charged on the inheritance of the land, in the shape of a rent-charge, for the term of twenty-two years. This act, however, is now repealed by the Improvement of Land Act, 1864 (g), which gives a very wide definition to the phrase "improvement of land," and contains provisions for facilitating the raising of money by way of rent-charge for that purpose. The rate of interest to be charged is not to exceed five per cent, per annum, and the term for repayment is not to exceed twenty-five years (h). These loans are under the superintendence of the Inclosure Commissioners for England and Wales, and in Ireland under that of the Commissioners for Public Works in Ireland. But the authority to issue certificates of the redemption of the loans of public money belongs to the Board of Inland Revenue (i). An act, styled the "Limited Owners Residences Act, 1870" (k), now provides (l) that the following shall be improvements within the meaning of the Improvement of Land Act, 1864, namely, the erection of mansion-houses and such other usual and necessary buildings, outhouses and offices as are commonly appurtenant thereto and held and enjoyed therewith, and completion of mansion-houses and such appurtenances as aforesaid, and improvement of and addition to mansion-houses and such appurtenances as aforesaid already erected, or the improvement of and addition to houses which are capable of being converted into mansion-houses suitable to the estate on which they stand, so as such improvement and addition be of a permanent nature; provided the mansion-houses so erected or enlarged or converted are suitable to the estate on which they stand as residences for the owners of such estate. But the sum charged on any estate under settlement in respect of mansion and other buildings before mentioned is not to exceed two years' net rental of the whole estate (m). In all other respects, improvement-; which a tenant for life may wish to make must be paid for out of his own pocket(n).
Apportionment Act, 1870.
(q) Norrit v. Harrison, 2 Mad. 268.
(r) Stat. 4 & 5 Will. IV. c. 22,;
Lock v. De Burgh, 4 De Gex &SmaIe, 470; Plummer.v White-ley, Johnson, 585 Llewellyn v. Rous, M. R., Law Rep., 2 Eq. 27; 35 Bear. 691.
(s) See Cattley v. Arnold, V.-C.
W., 5 Jur., N. S. 361; 7 W. Rep. 245; 1 Johns. & Bern. 651.
(t) Stat. 33 & 34 Vict. c. 36.
(u) Sect. 2.
(x) Stat. 8 & 9 Vict. c. 56, repealing a prior act for the same purpose, stat. 8 & 4 Vict. c. 56.
(y) Sect. 3.
Government advances for draining.
Private Money ])rainage Act, 1S49 now repealed.
Improvement of Land Act, 1864.
(z) Stat. 8 & 9 Vict.c.56,ss.4,5.
(a) Sect. 8.
(b) Sect. 9.
(c) Stat. 9 & 10 Vict. c. 101, explained and amended by stats. 10 & 11 Vict. c. 11, 11 & 12 Vict, c. 119, 13 & 14 Vict. c. 31, and 19 & 20 Vict. c. 9.
(d) Stat. 10 & 11 Vict. c. 11, s. 7.
(e) Stat. 9 & 10 Vict. c. 101, s. 34.
(f) Stat. 12 & 13 Vict. c. 100, amended by stat. 19 & 20 Vict, c. 9.
(g) Stat. 27 & 2S Vict. c. 114.
Limited Owners Residences Act, 1870.
(h) Stat. 27 & 28 Vict. c. 114, s. 26.
(i) Stat. 19 & 20 Vict. c. 9,
(k) Stat. 33 & 34 Vict. c. 56.
(l) Sect. 3. (m) Sect. 4.
(n) Nairn v. Majoribanks, .3 Russ. 582; Hibbert v. Cooke, 1
Sim. & Stu. 552; Caldecott v.
Tenant- for life under wills are empowered, by recent acta of parliament, to convey in certain cases, under the direction of the Court of Chancery, the whole estate in the lands of which they arc tenants for life. Such conveyances are made only when the concurrence of the other parties cannot be obtained, and a sale or mortgage of the lands is required for the payment of the debts of the testator (o). These powers, however, are given to the tenant for life for the sake of making a title to the property; and are more for the benefit of the creditors of the late testator, than for the advantage of the tenant for life, who is, in these cases, merely the instrument for carrying into effect the decree of the Court; and the powers given by these acts are now in a great measure superseded by the provisions of the act to consolidate and amend the laws relating to the conveyance and transfer of real and personal property vested in mortgagees and trustees (p). More recently, however, an act has been passed, to which we have already referred (q), to facilitate leases and sales of settled estates (r). Under this act, if the Court of Chancery should deem it proper and consistent with a due regard for the interest of all parties entitled, a sale of any settled estate may be ordered to be made. And the money to be raised on any such sale is to be paid either to trustees of whom the Court shall approve, or into Court, and is to be applied to the following purposes, namely, the redemption of the land tax, or of any incumbrance affecting the hereditaments sold or any other hereditaments settled in the same way, or the purchase of other hereditaments to be settled in the same manner, or in the payment to any person becoming absolutely entitled (s). And the money is in the meantime to be invested in Exchequer Bills or Consols, and the interest or dividends paid to the tenant for life (t). But the powers of the act are not to be exercised if an express declaration or manifest intention that they shall not be exercised is contained in the settlement, or may reasonably be inferred therefrom or from extrinsic circumstances or evidence (u).