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SETTLED LAND ACT, 1884
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CHAPTER 18.
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An Act to amend the Settled Land Act, 1882. [3rd July 1884.]
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BE it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
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Short title.
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1. This Act may be cited as the Settled Land Act, 1884.
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Interpretation.
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2. The expression “the Act of 1882” used in this Act means the Settled Land Act, 1882.
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Construction of Act.
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3. The Act of 1882 and this Act are to be read and construed 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.
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Fine on a lease to be capital money.
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4. A fine received on the grant of a lease under any power conferred by the Act of 1882 is to be deemed capital money arising under that Act.
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Notice under 45 & 46 Vict. c. 38. s. 45. may, as to a sale, exchange, partition, or lease, be general.
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5. (1.) The notice required by section forty-five of the Act of 1882 of intention to make a sale, exchange, partition, or lease may be notice of a general intention in that behalf.
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(2.) The tenant for life is, upon request by a trustee of the settlement, to furnish to him such particulars and information as may reasonably be required by him from time to time with reference to sales, exchanges, partitions, or leases effected, or in progress, or immediately intended.
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(3.) Any trustee, by writing under his hand, may waive notice either in any particular case, or generally, and may accept less than one month’s notice.
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(4.) This section applies to a notice given before, as well as to a notice given after, the passing of this Act.
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(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.
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As to consents of tenants for life.
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6. (1.) In the case of a settlement within the meaning of section sixty-three of the Act of 1882, any consent not required 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.
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(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.
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(3.) This section applies to dealings before, as well as after, the passing of this Act.
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Powers given by s. 63 to be exercised only with leave of the Court.
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7. With respect to the powers conferred by section sixty-three of the Act of 1882, the following provisions are to have effect:—
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(i.) Those powers are not to be exercised without the leave of the Court.
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(ii.) The Court may by order, in any case in which it thinks fit, give leave to exercise all or any of those powers, and the order is to name the person or persons to whom leave given.
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(iii.) The Court may from time to time rescind, or vary, any order made under this section, or may make any new or further order.
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(iv.) So long as an order under this section is in force, neither the trustees of the settlement, nor any person other than a person having the leave, shall execute any trust or power created by the settlement, for any purpose for which leave is by the order given, to exercise a power conferred by the Act of 1882.
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(v.) An order under this section may be registered and re-registered, as a lis pendens, against the trustees of the settlement named in the order, describing them on the register as “Trustees for the purposes of the Settled Land Act, 1882.”
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(vi.) Any person dealing with the trustees from time to time, or with any other person acting under the trusts or powers of the settlement, is not to be affected by an order under this section, unless and until the order is duly registered, and when necessary re-registered as a lis pendens.
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(vii.) An application to the Court under this section may be made by the tenant for life, or by the persons who together constitute the tenant for life, within the meaning of section sixty-three of the Act of 1882.
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(viii.) An application to rescind or vary an order, or to make any new or further order under this section, may be made also by the trustees of the settlement, or by any person beneficially interested under the settlement.
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(ix.) The person or persons to whom leave is given by an order under this section, shall be deemed the proper person or persons to exercise the powers conferred by section sixty-three of the Act of 1882, and shall have, and may exercise those powers accordingly.
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(x.) This section is not to affect any dealing which has taken place before the passing of this Act, under any trust or power to which this section applies.
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Curtesy to be deemed to arise under settlement.
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8. For the purposes of the Act of 1882 the estate of a tenant by the curtesy is to be deemed an estate arising under a settlement made by his wife.
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