and consistent with a due regard for the interests of all parties entitled under the settlement, and subject to the provisions and restrictions in this Act contained, from time to time to direct that any part of any settled estates be laid out for streets, roads (k), paths, squares, gardens, or other open spaces, sewers, drains, or watercourses, either to be dedicated to the public or not; and the Court may direct that the parts so laid out shall remain vested in the trustees of the settlement, or be conveyed to and vested in any other trustees, upon such trusts for securing the continued appropriation thereof to the purposes aforesaid in all respects, and with such provisions for the appointment of new trustees, when required, as by the Court shall be deemed advisable (1).

(k) The Court has no jurisdiction under this Act to authorise the sale of part of the estate for raising money to make roads on other parts (In re Chambers, 28 Beav. 653; In re Hurle, 2 Hem. & M. 196). In the former case leases were authorised on the terms of the lessees making the roads. The Court will not sanction the making of roads unless they are beneficial to the property in its actual state, or with reference to buildings to be erected under leases in immediate contemplation (In re Hurle, ubi sup.).

(7) It has already been ob

served (supra, p. 531) that the power of dedicating parts of the estate for the general benefit of the property will probably be most often made available in connection with leases. Mr. Brickdale (Settled Estates Act, p. 37,) remarks upon the 14th section that the dedications authorised are such only as tend to increase the value of the property, such as laying out roads, &c., and not acts of liberality, such as granting sites for churches or schools, for which provision is made by the Church Building

and other Acts.

- as to application of money to be received on sales, &c.

"15. On every sale or dedication to be effected as herein before mentioned, the Court may direct what person or persons shall execute the deed of conveyance; and the deed executed by such person or persons shall take effect as if the settlement had contained a power enabling such person or persons to effect such sale or dedication, and so as to operate (if necessary) by way of revocation and appointment of the use or otherwise as the Court shall direct (m).

"23. All money to be received on any sale effected under the authority of this Act, or to be set aside out of the rent or payments reserved on any lease of earth, coal, stone, or minerals as aforesaid (n), may, if the Court shall think fit, be paid to any trustees of whom it shall approve, or otherwise the same shall be paid into the Bank of England or Ireland, as the case may be, to the account of the accountant-general of the Court of Chancery, ex parte the applicant in the matter of this Act, and in either (o) case such

(m) As to the effect of the reconveyance of the legal estate in the interval between the sale and conveyance, see Eyre v. Sanders, 5 Jur. N. S. 703, 28 L. J. Ch. 439.

(n) See s. 2 of the Settled Estates Act; and see supra, p. 526 and note (d) thereto.

(0) In Re Morgan, L. R. 9 Eq. 587, where lands settled in trust for the separate use of a married woman for life,

and after her death in trust for sale, were in the lifetime. of the tenant for life ordered to be sold under the Act, the proceeds of sale were ordered to be paid to the trustees of the settlement to be held upon the trusts thereby declared of purchase money, although it was suggested that such trusts did not correspond with the purposes specified in sections 23 and 25 of the Act.

money shall be applied as the Court shall from time to time direct to some one or more of the following purposes: (namely),

"The purchase or redemption of the land-tax, or 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

"The purchase of other hereditaments to be settled in the same manner as the hereditaments in respect of which the money was paid; or

"The payment to any person becoming absolutely entitled (p).

"24. The application of the money in manner aforesaid may, if the Court shall so direct, be made by the trustees (if any) without any application to the Court, or otherwise upon an order of the Court upon the petition of the person who would be entitled to the possession or the receipt of the rents and profits of the land if the money had been invested in the purchase of land.

"25. Until the money can be applied as aforesaid, the same shall be from time to time invested in Exchequer Bills, or in Three per Centum Consolidated Bank Annuities, as the Court shall think fit; and the interest and dividends of such Exchequer Bills or Bank Annuities shall be paid to the person who would have been entitled to the rents and profits of

(p) See the cases on the corresponding section of the Lands' Clauses Consolidation

Act (8 Vict. c. 18, s. 69), collected in Morgan's Chancery Acts, 4th ed., 36, 37.

Exchanges under
Inclosure Acts.

* Reference to provisions as to exchange in Inclosure Acts.

the land if the money had been invested in the purchase of land" (q).

With respect to the provisions contained in the Acts for the Inclosure, Exchange, and Improvement of Land, by which the Inclosure Commissioners are empowered upon the application of the limited owners in possession of lands or other hereditaments (corporeal or incorporeal) to make an order of exchange transposing the titles to the lands exchanged -a power to which is attributed the omission of any provision for exchanges in the Settled Estates Act (r)—reference may here be made to a former part of this work (s).

(q) See Mr. Brickdale's note
(Settled Estates Act, p. 83),
as to the difference between
the practice under s. 25 of the
Settled Estates Act, and that
of the House of Lords with
reference to Private Estate
Acts giving powers of sale.
The powers of investment
specified in s. 25 have been
held to be enlarged by 23 &
24 Vict. c. 38, ss. 10, 11, and
the Acts amending the same
(supra, pp. 20 et seq.). See

Wall v. Hall, 11 W. R. 298,
cited supra, p. 34 note (h);
Re Cook, L. R. 12 Eq. 12. In
Re Shaw, Weekly N. 1871,
236, the Master of the Rolls
declined to follow his own
decision in the last-mentioned

case; but see Re Thorold,
Weekly N. 1872, 33. As to
the practice in the Account-
ant-General's office, with re-
spect to investing a fund under
the Act, see Re Woodcock,
L. R. 13 Eq. 183. As to
the practice generally under
the above sections of the
Act, see Morgan's Chancery
Acts, 4th ed. 242 et seq.
(r) See Brickdale, Settled
Estates Act, p. 37.

(s) * Ante, vol. ii. p. 69, note. See 8 & 9 Vict. c. 118, ss. 16-21, defining the persons interested in land within the meaning of that Act; s. 147, enabling the Enclosure Commissioners, on the application in writing of the

The subject of the priorities of the powers of a Priorities of settlement, as regards the order in which effect is given settlement. to estates created by their exercise, has already been