ments settled by the said indenture, or some part or parts thereof, BY TENANT FOR GENERAL WAIVER of NOTICE by TRUSTEES under the In the matter of an indenture of settlement dated, &c., and made, To A. B., of, &c., the tenant for life in possession of the hereditaments settled by the above-mentioned indenture. WE, C. D., of, &c., E. F., of, &c., and G. H., of, &c., the trustees of the above-mentioned indenture for the purposes of the Settled Land Act, 1882, pursuant to the power for this purpose given to us by sect. 5 of the Settled Land Act, 1884, hereby WAIVE generally the notice by sect. 45 of the first-mentioned Act required to be given to us and our solicitor of your intention to make a [sale, exchange, partition or] lease under the powers of that Act. AS WITNESS our hands this day of 18—. WAIVER BY TRUSTEES OF STATUTORY NOTICE. WAIVER OF No. XLIII. WAIVER by TRUSTEES of STATUTORY NOTICE as regards a IN the matter, &c. To A. B., &c. WE, C. D., of, &c., E. F., of, &c., and G. H., of, &c., the trustees of the above-mentioned indenture of settlement for the purposes of the Settled Land Act, 1882, having been informed. that you have entered into a contract with X. Y., of, &c., for the sale to him of the hereditaments mentioned in the schedule hereto for the sum of £, hereby waive the notice of intention to make that sale which, under sect. 45 of the above-mentioned Act, you ought to have given or to give to us and our solicitor. AS WITNESS our hands this day of 18-. THE SCHEDULE ABOVE REFERRED TO. SEPARATION DEEDS. No. I. DEED of SEPARATION between HUSBAND and WIFE. DEED OF SEPARATION. THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. Parties. (husband), of the first part, C. B., of, &c., wife of the said A. B., of the second part, and E. F., of, &c. (trustee), of the third part: WHEREAS unhappy differences have arisen between the said Recite that A. B. and C. his wife, and they have consequently agreed to have arisen. live separate from each other for the future, and to enter into such arrangement as is hereinafter expressed: AND WHEREAS the said A. B. and C. his wife have two children, viz., L. B., now of differences bar to action (a) It is now settled that an agreement by husband and wife to live Separation separate is not illegal as contrary to public policy, and it has been decided agreement may in several cases that such an agreement, if founded on sufficient considera- be pleaded as a tion, may be pleaded by way of defence to a suit by either party for the for restitution restitution of conjugal rights. Hunt v. Hunt, 4 D. F. & J. 221; Marshall of conjugal v. Marshall, 5 P. D. 19; Besant v. Wood, 12 C. D. 605. But see the rights. observations of Selborne, L. C. on Hunt v. Hunt in Cahill v. Cahill, 8 H. L. 420. threatened The compromise of a matrimonial suit, or the abandonment of threatened Compromise of proceedings where circumstances exist which would be a ground for such a matrimonial proceedings, is a sufficient consideration for a separation agreement, and suit, or of for any stipulations as to money or property which either party may, as proceedings a part of the same arrangement, make in favour of the other. McGregor v. sufficient conMcGregor, 21 Q. B. D. 424; Cahill v. Cahill, 8 H. L. 429. sideration. If the separation arises from a mere disinclination by the parties to live Covenant by together, there being no misconduct or alleged misconduct such as would wife if she has be a ground for legal proceedings, some other consideration must be sought separate profor in order to support the deed. If the wife has separate property, a perty a sufficovenant by her to indemnify the husband against her debts would be a sideration for cient consufficient consideration for a covenant by the husband to make her an covenant by allowance, or giving her any other benefit. But if she has no separate husband. property her contract would be inoperative, and the intervention of a If wife has no trustee to covenant on her behalf would be necessary. Stevens v. Olive, separate pro2 B. C. C. 90; Worral v. Jacob, 3 Mer. 226; Walrond v. Walrond, Johns. perty, trustee 18; Re Shakespear, 30 C. D. 169. must covenant. DEED OF SEPARATION. husband that his wife may that he will the age of years, and M. B., now of the age of- years: NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the premises, and of the covenants hereinafter contained on the part of the said C. B. and E. F., the said A. B. hereby covenants with live separate, the said C. B., and also by way of separate covenant with the said E. F. as her trustee, that the said C. B. shall and may at all times hereafter, notwithstanding her coverture, live separate and apart from the said A. B., as if she were a feme sole, and shall henceforth be freed from the control and authority of the said A. B., and shall reside in such place or places and in such manner as she shall think fit, and that the said A. B. will not at any time hereafter require her to live with him, or institute any legal proceedings or take any other steps whatsoever for that purpose, and will not in any wise molest or interfere with not molest her. the said C. B. in her manner of living or otherwise: AND ALSO that he the said A. B. will, during the joint lives of himself and the said C. B., if they shall so long live separate from each other (a), pay to the said E. F. the annual sum of £ in trust for the said C. B. for her sole and separate use, and so that she shall not have power to dispose thereof in the way of anticipation, the said annual sum to be paid by equal half-yearly payments on the day of and the day of in every year, the first thereof to be made on the day of next: BUT so nevertheless that the said annual sum shall cease if the marriage between the said A. B. and C. B. shall at any time hereafter be dissolved by a court That all pro- of competent jurisdiction (b) AND ALSO that all property (if any) now belonging to the said C. B. for any estate or interest, whether in possession, reversion, or otherwise, To pay an annuity to trustee for wife during joint lives if separation so long continues; but to cease if marriage is dissolved. perty of wife shall be for her separate use. Provision made for wife by separation deed liable to be altered by Court in the event of a divorce. (a) There are cases in which it would be prudent on the part of the husband to stipulate that the payment shall continue so long only as the wife remains chaste. In such case the words "and the said C. B. shall continue to lead a chaste life" should be introduced here. Such a condition could not be insisted on in the absence of an express stipulation. See Hart v. Hart, 18 Ch. D. 670; Bradley v. Bradley, 7 P. D. 237. (b) In the absence of this proviso, the Court would have power, after a decree for dissolution of the marriage, to relieve the husband either wholly or partially from the covenant under 22 & 23 Vict. c. 61, s. 5. See Worsley v. Worsley, L. R. 1 P. & M. 648; Bullock v. Bullock, 2 ib. 389; Jump v. Jump, 8 P. D. 159. If the annual sum is made payable so long only as the wife remains chaste, this proviso will be omitted as unnecessary. DEED OF SEPARATION. by trustees husband shall belong to her for her sole and separate use (c): AND THAT if the said C. B. shall die in the lifetime of the said A. B. all property (if any) of the said C. B., which but for this covenant would on her death go and belong to the said A. B. in his marital right, or as her administrator, or as tenant by the curtesy, shall go to the person or persons and in the manner to whom and which the same would have gone if the said A. B. had died in her lifetime. AND THIS Second witnessing INDENTURE ALSO WITNESSETH that, in further part. pursuance of the said agreement, and in consideration of the Covenants premises, the said C. B. and also the said E. F. as her surety to-indemnify hereby jointly and severally covenant with the said A. B. against debts that they, the said C. B. and E. F., will at all times hereafter, of wife; during the continuance of the said separation, keep indemnified the said A. B. from and against all debts and liabilities hereafter to be contracted or incurred by the said C. B., whether for her wearing apparel, maintenance, support, or otherwise, and from and against all claims and demands for or on account of the same: AND FURTHER, that the said C. B., or any person on her behalf, shall not nor will at any time hereafter commence or prosecute any action or other proceeding for compelling the said A. B. to cohabit with her the said C. B. or to allow her any support, maintenance, or alimony (except the said annual sum herein before covenanted to be paid to her) (d), and shall not nor will molest (e) the said A. B. in any manner: AND IT IS Agreement as to custody of HEREBY AGREED, that the said A. B. shall have the custody of children. the said L. B., and the said C. B. shall have the custody of the said M. B., and that the said A. B. shall have access to the said M. B., and the said C. B. shall have access to the said L. B. under such arrangements as shall from time to time be made between them for that purpose, or if they shall be unable to agree, then under such arrangements as shall be made by the said E. F. (f). IN WITNESS, &c. and that wife pelling him to Wife's cove (c) The clause in the text will be unnecessary if the marriage took place nant to accept since the 31st December, 1882. allowance for notwithstand (d) This covenant is binding on the wife, although there may be after- alimony bindwards a decree for judicial separation on account of the husband's adultery. ing on her, Gandy v. Gandy, 7 P. D. 169. But if there is a dissolution of the marriage, ing subsequent the Court can vary the deed, and order a larger sum for alimony, under judicial sepa22 & 23 Vict. c. 61, s. 5. Morrall v. Morrall, 6 P. D. 98. ration. (e) As to what is molestation, see Fearon v. Earl of Aylesford, 12Q. B. D. 539. Who is entitled The father has at common law the right to the custody of all his to the custody |