and the order may be made on the petition of any person interested in the settled land, or of the committee of the estate (d). (d) A general authority may be given to the committee to take proceedings under this act to sell (Re Gaitskell, 40 Ch. Div. 416). Trustees should be appointed, if there are none, to receive notice under sect. 45 (Re Taylor, 49 L. T. 420; 52 L. J. Ch. 728). Notices cannot be given by the committee without the leave of the court (Re Ray, 25 Ch. D. 464). As to the jurisdiction in lunacy, see now 53 Vict. c. 5, ss. 108, 120; and as to applications in lunacy, see sect. 338. XV.-SETTLEMENT BY WAY OF TRUSTS FOr Sale. 45 & 46 Vict. c. 38, s. 62. to sell and re 63.-(1.) Any land, or any estate or interest in land, which Provision for under or by virtue of any deed, will, or agreement, covenant to case of trust surrender, copy of court roll, act of parliament, or other instru- invest in land. ment or any number of instruments, whether made or passed before or after, or partly before and partly after, the commencement of this act, is subject to a trust or direction for sale of that land, estate, or interest, and for the application or disposal of the money to arise from the sale, or the income of that money, or the income of the land until sale, or any part of that money or income, for the benefit of any person for his life, or any other limited period, or for the benefit of two or more persons concurrently for any limited period, and whether absolutely, or subject to a trust for accumulation of income for payment of debts or other purpose, or to any other restriction, shall be deemed to be settled land, and the instrument or instruments under which the trust arises shall be deemed to be a settlement; and the person for the time being beneficially entitled to the income of the land, estate, or interest aforesaid until sale, whether absolutely or subject as aforesaid, shall be deemed to be tenant for life thereof; or if two or more persons are so entitled concurrently, then those persons shall be deemed to constitute together the tenant for life thereof; and the persons, if any, who are for the time being under the settlement trustees for sale of the settled land, or having power of consent to, or approval of, or control over the sale, or if under the settlement there are no such trustees, then the persons, if any, for the time being, who are by the settlement declared to be trustees thereof for purposes of this act are for purposes of this act trustees of the settlement. (2.) In every such case the provisions of this act referring to a tenant for life, and to a settlement, and to settled land, shall extend to the person or persons aforesaid, and to the instrument or instruments under which his or their estate or interest arises, and to the land therein comprised, subject and except as in this section provided (that is to say): (i.) Any reference in this act to the predecessors or successors in title of the tenant for life, or to the remaindermen, -45 & 46 Vict. c. 38, s. 63. or reversioners or other persons interested in the settled land, shall be deemed to refer to the persons interested in succession or otherwise in the money to arise from sale of the land, or the income of that money, or the income of the land, until sale (as the case may require). (ii.) Capital money arising under this act from the settled land shall not be applied in the purchase of land unless such application is authorized by the settlement in the case of capital money arising thereunder from sales or other dispositions of the settled land, but may, in addition to any other mode of application authorized by this act, be applied in any mode in which capital money arising under the settlement from any such sale or other disposition is applicable thereunder, subject to any consent required or direction given by the settlement with respect to the application of trust money of the settlement. (iii.) Capital money arising under this act from the settled land and the securities in which the same is invested, shall not for any purpose of disposition, transmission, or devolution, be considered as land unless the same would, if arising under the settlement from a sale or disposition of the settled land, have been so considered, and the same shall be held in trust for and shall go to the same persons successively in the same manner, and for and on the same estates, interests, and trusts as the same would have gone and been held if arising under the settlement from a sale or disposition of the settled land, and the income of such capital money and securities shall be paid or applied accordingly. (iv.) Land of whatever tenure acquired under this act by purchase, or in exchange, or on partition, shall be conveyed to and vested in the trustees of the settlement, on the trusts, and subject to the powers and provisions which, under the settlement or by reason of the exercise of any power of appointment or charging therein contained, are subsisting with respect to the settled land, or would be so subsisting if the same had not been sold, or as near thereto as circumstances permit, but so as not to increase or multiply charges or powers of charging (e.) (e) See S. L. Act, 1884, sect. 6 (1) and sect. 7 (post, p. 717). Unless leave be given under the last-mentioned section, trustees for sale can determine how land should be placed on market (Re Harding, 1891, 1 Ch. 64). Sect. 11 (ante, p. 682), applies to cases within this section (Re Ridge, Hellard v. Moody, 31 Ch. Div. 504). The only instrument to be considered the settlement under this section is the instrument which contains the trust for sale (Re Earle and Webster, 24 Ch. D. 144). If the only person entitled under that instrument is entitled absolutely, this section has no application (Ib.) If the trust for sale is postponed it is not within this section (Re Horne, 39 Ch. Div. 84). Where there is a discretionary power of maintenance, the surplus to be accumulated, no one is beneficially entitled to the income within this section (Ib.; see Re Powell, Allaway v. Oakley, 1884, W. N. 67). No consent of the tenant for life (See sect. 56) is necessary to a sale by trustees in cases within this section (S. L. Act, 1884, s. 6 (1), post, p. 717; Taylor v. Poncia, 25 Ch. D. 646). 45 & 46 Vict. c. 38, s. 63. XVI.-REPEALS. 64.-(1.) The enactments described in the schedule to this act Repeal of are hereby repealed. (2.) The repeal by this act of any enactment shall not affect any right accrued or obligation incurred thereunder before the commencement of this act; nor shall the same affect the validity or invalidity, or any operation, effect, or consequence, of any instrument executed or made, or of anything done or suffered, or of any order made, before the commencement of this act; nor shall the same affect any action, proceeding, or thing then pending or uncompleted; and every such action, proceeding, and thing may be carried on and completed as if there had been no such repeal in this act. XVII.-IRELAND. enactments in schedule. 65.-(1.) In the application of this act to Ireland the fore- Modifications going provisions shall be modified as in this section provided. respecting (2.) The court shall be her Majesty's High Court of Justice in Ireland. (3.) All matters within the jurisdiction of that court shall, subject to the acts regulating that court, be assigned to the Chancery Division of that court; but general rules under this act for Ireland may direct that those matters or any of them be assigned to the land judges of that division. (4.) Any deed inrolled under this act shall be inrolled in the record and writ office of that division. (5.) General rules for purposes of this act for Ireland shall be Ireland. deemed rules of court within the Supreme Court of Judicature 40 & 41 Vict. Act (Ireland), 1877, and may be made accordingly, at any time c. 57. after the passing of this act, to take effect on or after the com mencement of this act. 1 (6.) The several Civil Bill Courts in Ireland shall, in addition to the jurisdiction possessed by them independently of this act, have and exercise the power and authority exerciseable by the court under this act, in all proceedings where the property, the subject of the proceedings, does not exceed in capital value five hundred pounds, or in annual value thirty pounds. (7.) The provisions of Part II. of the County Officers and 40 & 41 Vict. Courts (Ireland) Act, 1877, relative to the equitable jurisdiction of the Civil Bill Courts, shall apply to the jurisdiction exerciseable by those courts under this act. (8.) Rules and orders for purposes of this act, as far as it c. 56. 45 & 46 Vict. c. 38, s. 65. relates to the Civil Bill Courts, may be made at any time after the passing of this act, to take effect on or after the commencement of this act, in manner prescribed by section seventynine of the County Officers and Courts (Ireland) Act, 1877. (9.) The Commissioners of Public Works in Ireland shall be substituted for the Land Commissioners. (10.) The term for which a lease other than a building or mining lease may be granted shall be not exceeding thirty-five (being so much of the act as is not repealed by the Conveyancing and Law of Property Act, 1881). 27 & 28 Vict. c. 114... The Improvement of Land in part; namely, in part. Act, 1864 Sections seventeen and eighteen : Except as regards Scotland. 40 & 41 Vict. c. 18 ...The Settled Estates Act, 1877...in part; namely,- SETTLED LAND ACT, 1884. 47 & 48 VICTORIÆ, CAP. 18. An Act to amend the Settled Land Act, 1882. [3rd July, 1884.] 47 & 48 Vict. Be it enacted as follows: c. 18, s. 1. Short title. tion. 1. This act may be cited as the Settled Land Act, 1884. 2. The expression "the Act of 1882" used in this act means the Settled Land Act, 1882. 3. The Act of 1882 and this act are to be read and construed Construction together as one act, and expressions used in this act are to have the same meanings as those attached by the Act of 1882 to similar expressions used therein. of act. 4. A fine received on the grant of a lease under any power 47 & 48 Vict. conferred by the Act of 1882 is to be deemed capital money arising under that act. c. 18, s. 4. Fine on a lease 5.-(1.) The notice required by section forty-five of the Act of to be capital 1882 of intention to make a sale, exchange, partition, or lease money. may be notice of a general intention in that behalf. Notice under 45 & 46 Vict. sale, exchange, par (2.) The tenant for life is, upon request by a trustee of the c. 38, s. 45, settlement, to furnish to him such particulars and information as may, as to a may reasonably be required by him from time to time with reference to sales, exchanges, partitions, or leases effected, or in tition, or progress, or immediately intended. lease, be (3.) Any trustee, by writing under his hand, may waive general. notice either in any particular case, or generally, and may accept less than one month's notice. (4.) This section applies to a notice given before, as well as to a notice given after, the passing of this act. (5.) Provided that a notice, to the sufficiency of which objection has been taken before the passing of this act, is not made sufficient by virtue of this act. life. 6.-(1.) In the case of a settlement within the meaning of As to consents section sixty-three of the Act of 1882, any consent not required of tenants for by the terms of the settlement is not by force of anything contained in that act to be deemed necessary to enable the trustees of the settlement, or any other person, to execute any of the trusts or powers created by the settlement. (2.) In the case of every other settlement, not within the meaning of section sixty-three of the Act of 1882, where two or more persons together constitute the tenant for life for the purposes of that act, then, notwithstanding anything contained in subsection (2.) of section fifty-six of that act, requiring the consent of all those persons, the consent of one only of those persons is by force of that section to be deemed necessary to the exercise by the trustees of the settlement, or by any other person, of any power conferred by the settlement exerciseable for any purpose provided for in that act. (3.) This section applies to dealings before, as well as after, the passing of this act (a). (a) See Re Harding (1891, 1 Ch. 60). 7. With respect to the powers conferred by section sixty-three Powers given of the Act of 1882, the following provisions are to have effect:- by sect. 63 to (i.) Those powers are not to be exercised without the leave of the court. be exercised only with leave of the (ii.) The court may by order, in any case in which it thinks court. (iii.) The court may from time to time rescind, or vary, any or further order. |