PREVENTION OF ENTAIL.

Ashburton Guardian, Volume V, Issue 1254, 3 June 1886, Page 3

PREVENTION OF ENTAIL.

We think there can be no two opinions as to the desirableness of preventing the locking up of land in this colony from generation to generation under the system of entail which obtains in the Old Country. It is indeed contrary to the first principles of modern political economy that the holder of a vast estate should be permitted to tie it up inalienably, and that his successors should be restricted by the power of “ the dead hand ” from sub-dividing and disposing of the land ; and credit is due to the honorable member for Picton (Mr Conolly) for the steady persistence with which year after year he has brought before Parliament an “ Alienation of Land Bill,” which, however, would have been better intituled “ A Bill to Remove Restrictions upon the .Alienation of. Land.” But owing to the difficulties 1 which under the present Standing Orders throng in the path of members in their endeavors to bring about useful reforms by means of private Bills, the efforts of Mr Conolly have been hitherto unsuccessful, his Alienation of Land Bills having session after session been included in the annual “ slaughter of the innocents.” It is therefore satisfactory to observe that the subject has now been taken up by the Government, and that at last thete appears to be a probability of legislation on this important subject. The Government Bill, introduced last week by Sir Robert Stout, affirms by the preamble that it is “desirable to enable trustees, administrators, tenants for life, and others, to sell and dispose of land, notwithstanding that there may be restraints on the alienation thereof,” and proceeds to enact to the following effect. Unless inconsistent with the context, it is fieclarc4 that:—

“ Administrator ” means any person to whom probate of a will has been or may bo granted, or any person to whom letters of administration, with or without a will annexed, have been or may be granted ; “ Land ” means any estate or interest in real property whatsoever; “ Tenant for life ” means a person who under or by virtue of any instrument, whether made before or after the date when this Act comes into operation, is beneficially entitled to the possession of settled land for his life, and notwithstanding that the settled land or his estate or interest therein is encumbered or charged in any manner to any extent; and includes two or more persons so entitled as tenants in common, or joint tenants, or for other con-current estates or interests ; “ Trustee ” includes the committee of the estate of a lunatic, including the Public Trustee, he acts in lien of a committee ; the guardian of the estate of a minor, cases of implied and constructive trusts, and cases where the Trustee has some beneficial estate or interest in the subject of the trust, but does not extend to a mortgagee of land ; “ Settled land ” means land subject to the terms of some instrument under or by virtue of which such land stands, for the time being, limited to or in trust for any persons by way of succession.

The meaning oi terms emplo having been thus settled and de mined, power is given to trustees and administrators to sell land as if it were personal estate, except in cases where the land is held in trust only, until the immediate beneficiary or devisee attains his majority, or where the devise is to take effect in possession upon the death of the “settlor,” or within I seven years thereof; provided that in any case land may be sold for the purpose of paying debts or providing for payment of duties; and provided also that if the property be vested in orjgiven to several persons, the trustee, instead of dividing the land among them, may sell, and divide the proceeds. Power is also given to tenants for life to sell if the leave of the Supreme Court be first obtained after hearing any objections thereto which may be made by persons entitled to the reversion of the estate. Deeds and wills the tenns of which are in conflict with the Act are to the extent of such conflict to be null and void, and it is provided that the Act shall extend to a married woman, or to the wife and husband together, as the case may require, and also to a widower. Thus the Government Bill, as it stands and so far as it goes, seems to be a very' desirable one, but in the debate on the second reading it was shown, more particularly by Mr Conolly and Mr Garrick, that various limitations and additional provisions require to be incorporated therein. Both the hon. members named have given notice of amendments, those of the member for Picton taking the shape of three additional clauses as follows ; —“ Nothing in this Act contained shall be held or construed to prevent any person from restraining by will the alienation of any estate in land during the minority of his infant children, or during the life or widowhood of his widow, or any woman trom restraining by will the alienation of any estate in land during his life or so long as he shall remain a widower.” “ Nothing in this Act contained shall be held or construed to repeal or alter the provisions of ‘ The Religious, Charitable, and Educational Trusts Act, 1856,’ or any Act amending the same.” We have not as yet seen the amendments proposed by the hon. member for St. Albans, but there is sufficient before us to lead to the belief that the united wisdom of the House will succeed in framing, and this time, we hope, in passing a workable and useful measure