Notices must be served on trustees.

Under the old practice advertisement of any application under the Act was imperative (c) ; but by s. 31, notices of applications are necessary only if the Court shall so direct at the hearing, in which case the Court gives directions as to the newspapers in which the advertisement is to be made (d), and the petition stands over generally, or to such time as the Court shall direct (e). The Court may, on motion under that s., permit persons or bodies corporate, whether interested or not, to appear and oppose or support any application on such terms as to costs and otherwise as the Court thinks fit. And when the Court has at the hearing directed advertisements of an application, leave to be heard in opposition to, or in support of, the application may be obtained on motion, ex parte, or upon notice to the petitioner (/) ; but the order giving such leave, if made ex- parte, must be served on the petitioner's solicitor (g). Any person obtaining such leave is entitled to inspect and peruse and to be furnished with a copy of the petition (h).

Mode of procedure under the Act.


(y) See Re Legge's S. E., (1857) 6 W. R. 20 ; Re Parry's Will, (1865) 34 Beav. 462.

(z) They are entitled to a copy of the petition, and to peruse and inspect it; see O. XXII.

(a) S. E. Orders, 1878, 0. XVI. and see App. thereto, Form No. 12. (b) O. XVIII.

(c) See 5th ed. of this work, p. 1176.

(d) For the form to be used, see App. to Orders, Form No. 13.

(e) O. XV11I.

It must, of course, at the hearing be shown that all persons beneficially entitled, or whose concurrence or consent is required by ss. 23 and 24, are before the Court either as petitioners or respondents, or that they have been duly served with notice under s. 26, or that notice has been dispensed with under s. 27. And the Court further requires, under s. 32, satisfactory proof as to there having been no previous application to Parliament which has been rejected or reported against (i) ; that it is proper and consistent with the interests of all parties entitled under the settlement that the sale should take place, and of the grounds upon which it is stated to be so (k) ; and also, under s. 30, that notice has been served upon the trustees (if any) of persons whose consent is necessary (/). Occasionally, the petition is adjourned into chambers for further examination of the evidence ; but, as a general rule, the order is made in Court at the hearing. Notice of the order must, by s. 33, be endorsed on the settlement, or otherwise recorded as the Court directs (m). If the estate is in a Register County, notice of the order is sufficiently given by registering a memorial of the order (n) ; and in all cases where notice of the order is dispensed with, the order must expressly state the fact(o). The proceedings on a sale under the order are the same as under a decree in an action (p).

What evidence required at the hearing.

(/) 0. XIX.

(g) 0. XXI.

(h) 0. XX. ; and see R. S. C. 1883, 0. LXVI. r. 7 (h), (i), (l), {m).

(i) O. XVII., and see Re Wilson's Est. Bill, (1859) 1 L. T. 25.

(k) O. XV., following ss. 16 and

17. (I) See O. XVI.

(m) See Re Boyd's S. E., (1873) 8 I. R. Eq. 76. (n) 0. XXIII. (o) lb. (p) As to which vide inf. Ch. XIX.

All money received on any sale effected under the authority of the Act may, by s. 34, if the Court shall think fit, be paid to any trustees of whom it shall approve, or (so far as relates to estates in England) into Court ex parte the applicant in the matter of the Act; and, in either case, is to be applied in the purchase or redemption of the land-tax ; or in the discharge or redemption of any incumbrance affecting the hereditaments in respect of which such money was paid, or affecting any other hereditaments subject to the same uses or trusts ; or in the purchase of other hereditaments to be settled in the same manner as the hereditaments, in respect of which the money was paid; or in the payment to any person becoming absolutely entitled. And now, by s. 32 of the S. L. Act, 1882, any money which was under this Act on the 1st of January, 1883, in Court, or has been, or is afterwards paid into Court, may, in addition to any mode of dealing with it authorised by this Act, be invested or applied as capital money under the S. L. Act, 1882 (q), and the subsequent S. L. Acts, on the like terms as to costs and other things, and according to the same procedure as if the modes of investment and application authorised by the S. L. Acts were authorised by the S. E. Act. Until the money can be applied to any of the authorised purposes it is, by s. 36, to be invested as the Court shall direct, in some or one of the investments in which cash under the control of the Court is for the time being authorised to be invested, and the interest and dividends of such investments are to be paid to the person who would have been entitled to the rents and profits of the lands if the money had been invested in the purchase of land (r). Trustees, to whom the money is ordered to be paid, may, by s. 35, apply it as directed by the Act, without the necessity of any application to the Court (s). And if there are no existing trustees, the Court will, it seems, appoint new trustees for the purposes of the Act (t). Leave has been given to trustees to invest the proceeds of the sale of land under the S. E. Act, 1877, as capital money under the S. L. Act, though there was no tenant for life to exercise the option given by s. 33 of the latter Act (u).

Application of sale money.

(q) See S. L. Act, 1882, s. 21.

(r) An investment once made under the S. L. Acts cannot he changed without the consent of the tenant for life, S. L. Act, 1882, s. 22, sub-s. 4 ; but qu , whether this applies to the S. E. Act.

(s) For the practice and orders under this s., see Seton, 6th ed. 1799.

When, as is usually the case, the estate of a tenant for life is without impeachment of waste, the Court should consider what will be the effect of the sale and reinvestment upon the relative rights of tenant for life and remaindermen. A sale of a settled estate without timber or minerals, and a subsequent purchase of a mineral or timber estate, may obviously be a source of great and improper benefit to the tenant for life.