8 Vict. 0. 18, 8. 69.

no power of sale, or which, being under some statutory disability, cannot sell;

(2.) A tenant for life or in tail, i.e. a tenant in tail incapable of selling, e.g. where estates are settled and made inalienable by Act of Parliament, and a tenant in tail who is prevented by law from selling, e.g. a tenant in special tail after possibility of issue extinct who for all purposes of alienation is considered merely as a tenant for life;

(3.) A married woman seised in her own right or entitled to dower, who cannot sell without the concurrence of her husband, they being together owners in fee;

(4.) A guardian of an infant or committee of a lunatic, neither of whom can sell for himself;

(5.) A trustee, executor, or administrator who may have the entire fee-simple like a corporation, and yet may not be able to sell: Kelland v. Fulford, 6 Ch. D. 491.

Compare as to the above classes of persons under disability the corresponding classes given in sec. 7, ante, p. 22, and see the notes to that section at pp. 24 and 25.

"Settled."-The word "settled" as used in this section does not mean "in settlement" in the usual sense of the term, but it means simply "standing limited”: Kelland v. Fulford, supra.

Payment into Court.-The method now prescribed "for regulating monies paid into Court" is contained in the Supreme Court Funds Rules, 1884, of which rr. 39 and 77 (c) have special reference to the L. C. C. Act, 1845. These are given in the Appendix.

This section does not make the title conditional on its provisions being complied with, so that under special circumstances payment into Court may be dispensed with, e.g. where it is desired to carry moneys payable under the Act direct to the credit of an account in Lunacy for the purpose of avoiding payment into the Chancery Division: In re Milnes, 1 Ch. D. 28.

A company who have under pressure paid the purchase money direct to a corporation can compel the corporation to pay it into Court: L. and N. W. Ry. Co. v. Corp. of Lancaster, 15 Beav. 22. Where there is already a fund in Court paid in under sec. 85, and a larger sum is awarded in respect of the land taken, the balance must be brought into Court: Ashford v. L. C. and D. Ry. Co., 14 L. T. (N.S.) 787.

The amount paid into Court must include the interest (if any) which has accrued due prior to the date of such payment

into Court. As to when interest begins to run, see In re Pigott
and G. W. Ry. Co., 18 Ch. D. 146. It ceases to run on pay-
ment into Court: Lewis v. S. Wales Ry. Co., 10 Hare 113.
Account." Ex parte the Promoters of the Under-
taking. In the Matter of the Special Act." To the
heading of the account so prescribed by the Act"
some words
must be added in each case briefly expressive of the nature of
the disability to sell and convey, by reason of which the
money shall be so paid in, which particulars shall be stated in
the request for the direction to receive the money" (Supreme
Court Funds Rules, 1884, r. 39). Money lodged pursuant to
this Act, prior to the 7th of January, 1873, cannot be placed
on deposit (r. 77, c.).

If it is desired to free the promoters from all further obligation, their name should be omitted from the title of the account: In re Buckingham, 2 Ch. D. 690. Otherwise the name of the promoters of the undertaking must be kept in the title of the account. Where a fund paid into Court in the regular manner has been transferred to the credit of a suit to an account not intituled in the matter of the Special Act, the Court has no jurisdiction to make the promoters pay costs: Fisher v. Fisher, L. R. 17 Eq. 340; Brown v. Fenwick, 14 W. R. 257; for the transfer is equivalent to payment into Court in another matter: Melling v. Bird, 17 Jur. 155.

Monies deposited until applied. Till any party becomes entitled to the money to his or her own use there is a constructive reconversion which he or she on becoming so entitled can always stop, but until that event happens the money is to be laid out in lands or buildings to stand limited to the same uses as the lands sold stood limited, and therefore must be considered as land: Kelland v. Fulford, 6 Ch. D. 491; Midland Counties Ry. Co. v. Oswin, 1 Coll. 80; In re Laverick's Estate, 18 Jur. 304. Consequently, money belonging to a person absolutely entitled passes in the absence of a devise to his heir-at-law: In re Bagot, 10 W. R. 707; In re Stewart, ex p. Cramer, 1 Sm. & G. 32 ; Dixie v. Wright, 32 Beav. 662; In re Horner, 5 De G. & Sm. 483; ex p. Walker, 1 Drew 508; and does not pass under a gift of personal estate and chattels real : In re Skegg, 11 Jur. (N.S.) 274. Similarly, the compulsory purchase of land belonging to a lunatic does not change the order of devolution: Midland Ry. Co. v. Oswin, 1 Coll. 80 (but see, as to the case of a person of unsound mind not so found, In re E. Lincoln Ry. Act, 1 Sim. (N.S.) 260). Similarly,

8 Vict.

c. 18, 8. 69.

8 Vict. c. 18, s. 69.

45 & 46 Vict. c. 38.

s. 32. Applica

tion of money in Court under

Lands

Clauses

and other Acts.

monies carried to the separate account of a convict being impressed with the character of realty were not before the Act 33 & 34 Vict. c. 23 forfeited to the Crown: In re Harrop, 3 Dr. 726. See also ex p. Hardy, 30 Beav. 206, where an option of purchase was given to several persons in succession, none of whom had exercised it. The case is different where the payment in takes place under sec. 78: ex p. Flamank, 1 Sim. (N.S.) 260; In re Harrop, supra, or where the parties have made any election to take it as personalty, or have done any act to stop the constructive reconversion, e.g. where the owner of land devised it by will and subsequently contracted to sell it to a company, but did not live to complete the contract, the monies paid in by the company in respect of the land taken were held to be personalty: In re Manchester and Southport Ry. Co., 19 Beav. 365; In re Wootton, 7 L. T. (N.S.) 620; In re Jackson, 44 L. T. 467.

Time continues to run as against the money in Court in the same manner as if it were still land, and a title by adverse possession may become absolute under the Statutes of Limitation if the period of twenty years elapses between the taking of the land and the payment out of the purchase money without any steps being taken by the real owner to recover the money ex p. Winder, 6 Ch. D. 696; In re Evans, 42 L. J. Ch. 357. But see In re Hollinsworth, 19 W. R. 580.

See as to the application of the Apportionment Act, 1870, to monies in Court under this Act: In re Lawton Estates, L. R. 3 Eq. 469.

Application of monies deposited.-The modes of applying monies paid into Court under this Act which are indicated in the above section have been considerably extended by the Settled Land Act, 1882 (45 & 46 Vict. c. 38).

Section 32 of the last-mentioned Act enacts as follows:

...

XXXII. Where, under an Act incorporating or applying, wholly or in part, the Lands Clauses Consolidation Acts, 1845, 1860, and 1869 . . . or under any other Act, public, local, personal, or private, money is at the commencement of this Act in Court, or is afterwards paid into Court, and is liable to be laid out in the purchase of land to be made subject to a settlement, then, in addition to any mode of dealing therewith authorized by the Act under which the money is in Court, that money may be invested or applied as capital money arising under this Act, on the like terms, if any, respecting costs and other

things, as nearly as circumstances admit, and (notwith-
standing anything in this Act) according to the same
procedure, as if the modes of investment or application
authorized by this Act were authorized by the Act under
which the money is in Court.

See In re Byron's Charity, 31 W. R. 517; In re D. of
Rutland's Settlement, W. N. 1883, p. 140; and Middleton on
Settled Estates, 3rd ed.

The definition of a "settlement is contained in sec. 2, sub-sec. 1 of the same Act, and is as follows:

II. (1.) Any deed, will, agreement for a settlement, or other agreement, covenant to surrender, copy of court roll, Act of Parliament, or other instrument, or any number of instruments, whether made or passed before or after, or partly before and partly after, the commencement of this Act, under or by virtue of which instrument or instruments any land, or any estate or interest in land, stands for the time being limited to or in trust for any persons by way of succession, creates or is for purposes of this Act a settlement, and is in this Act referred to as a settlement, or as the settlement, as the case requires. The modes of investing and applying capital money arising under the Settled Land Act are described in sec. 21 of that Act, and are as follows:

XXI. Capital money arising under this Act, subject to
payment of claims properly payable thereout, and to appli-
cation thereof for any special authorized object for which
the same was raised, shall, when received, be invested or
otherwise applied wholly in one, or partly in one and partly
in another or others, of the following modes (namely):
(i.) In investment on Government securities, or on

other securities on which the trustees of the
settlement are by the settlement or by law
authorized to invest trust money of the settle-
ment, or on the security of the bonds, mort-
gages, or debentures, or in the purchase of the
debenture stock, of any railway company in
Great Britain or Ireland incorporated by special
Act of Parliament, and having for ten years
next before the date of investment paid a divi-
dend on its ordinary stock or shares, with power
to vary the investment into or for any other
such securities :

8. Vict.

c. 18,

s. 69.

45 & 46

Vict. c. 38.

s. 2.

Definition

of "settle

ment."

8. 21.

Capital money

under Act; invest

ment, etc., by trustees or Court.

8 Vict. c. 18, 8. 69.

45 & 46

Vict. c. 38, s. 21.

(ii.) In discharge, purchase, or redemption of incumbrances affecting the inheritance of the settled land, or other the whole estate the subject of the settlement, or of land-tax, rentcharge in lieu of tithe, Crown rent, chief rent, or quit rent, charged on or payable out of the settled land:

(iii.) In payment for any improvement authorized by this Act:

(iv.) In payment for equality of exchange or partition of settled land:

(v.) In purchase of the seignory of any part of the settled land, being freehold land, or in purchase of the fee simple of any part of the settled land, being copyhold or customary land:

(vi.) In purchase of the reversion or freehold in fee of any part of the settled land, being leasehold

land held for years, or life, or years determinable on life:

(vii.) In purchase of land in fee simple, or of copyhold or customary land, or of leasehold land held for sixty years or more unexpired at the time of purchase, subject or not to any exception or reservation of or in respect of mines or minerals therein, or of or in respect of rights or powers relative to the working of mines or minerals therein, or in other land :

(viii.) In purchase, either in fee simple, or for a term of sixty years or more, of mines and minerals convenient to be held or worked with the settled land, or of any easement, right, or privilege convenient to be held with the settled land for mining or other purposes:

(ix.) In payment to any person becoming absolutely entitled or empowered to give an absolute discharge:

(x.) In payment of costs, charges, and expenses of or incidental to the exercise of any of the powers,

or the execution of any of the provisions, of this Act:

(xi.) In any other mode in which money produced by the exercise of a power of sale in the settlement is applicable thereunder.