I INFLUENCE OF LAND LAWS 15 



settlements of this kind. Finally, it should be noted that 

 estates tail were made forfeitable for treason, though not 

 for murder, by an Act of Henry VIII ; that such estates 

 are also now liable in the hands of the tenant in tail, being 

 the heir of the debtor, for judgement debts, and in the case 

 of bankruptcy can be sold for the benefit of the creditors 

 so far as he can cut off the entail without the consent of 

 any. Moreover, the Court of Chancery has always had 

 power to direct sales with consent of the parties interested, 

 while, by Lord Cairns's Settled Land Act, 1882, all the 

 land in the hands of the life tenants may be sold except 

 the mansion, the pleasure grounds, and park, so long as 

 the proceeds are invested in the hands of trustees to carry 

 out the provisions of the settlement. It is therefore clear 

 that, with the exception of properties specially entailed, no 

 family estate is absolutely unsaleable, although owing to 

 the wishes of its owners it seldom comes into the market, 

 except as a consequence of serious extravagance on the 

 part of successive holders. 



I do not, indeed, deny that the leaning of the law in 



favour of primogeniture in the case of intestacy may have 



had an indirect influence in strengthening the custom of 



leaving all to the eldest son. But at least in the case 



of entails it is the other way. Family estates have been 



kept together not by the influence of the law, but against 



its spirit. But why, it may be asked, have not the custom 



of primogeniture and the system of strict settlements kept 



the property of the small owner from extinction ? Those 



who are most open-mouthed against our land laws admit 



that they have not. The answer is the same in both 



cases. The poorer landowners have not the same pre- 



lices, they are not so completely in the hands of 



icitors and lawyers, who from their legal training are 



;lined to lean towards the custom of primogeniture, and, 



