Settled Estates Act 1886 No 25a (NSW)
| 50 | No. 20. | 50° VIC. | 1886. |
Settled Estates.
No. XX.
Settlt:o Estates.
An Act for facilitating Sales Leases and other dispositions of Settled Estates. [VMli Octo ber, 1886.]
lE it enacted by the Queen’s Most Excellent IMajesty by and udtb
tbe advice and consent of the Legislative Council and Legislative
Assembly of New South Wales in Parliament assembled and hy the
authority of the same as folloAvs ;—
Short title and
| commencement of | 1. This Act may he cited as the “ Settled Estates Act 1886 ” |
| Act. | and shall commence and take effect from and immediately after the passing thereof. |
Eejinitions.
Interpretation of
| settlement and | 2. (i) The word “ Settlement ” as used in this Act shall signify |
| settled estates. | any Act of Parliament deed agreement Avill or other instimmcnt or any number of such instruments under or hy virtue of wiiich any hereditaments or any estate or interest in land stand for tlu; time being limited to or in trust for any persons by Avay of succession including any such instruments affecting the estates of any one or more of such persons exclusively. |
| (ii) The term “ Settled Estates” as used in this Act shall signify all hereditaments of any tenure and all estates or interests in any such hereditaments which are the subject of a settlement and for the purposes of this Act a tenant in tail after possibility of issue extinct shall be deemed to he a tenant for life. | |
| (ill) All estates or interests in remainder or reversion not disposed of hy the settlement and reverting to the settlor or descending to the heir of a testator or passing to his personal representatives or next of kin under the Act twenty-sixth Victoria number twenty or any other Act that may he passed ivith regard to the real estate of Intestates shall he deemed to he estates coming to such settlor heir personal representative or next of kin under and by virtue of the settlement. |
(iv) Land and any estate or interest therein which is the
subject of a settlement is for the purposes of this Act settled land.
(v) In determining wliat are settled estates within the mean
ing of this Act the Court shall l̂ e governed hy the state of facts and hy the trusts or limitations of the settlement at the time of the said settlement taking effect.
(vi) Where a person in his own right seised or beneficially entitled to land for an estate in fee-simple or for any leasehold interest at a rent is an infant such land or leasehold interest shall ho deemed to he settled estate Avithin the meaning of this Act.
| Interjiretation of | 3. The expression “ The Court” in this Act shall mean the |
| “ The Court.” | Supremo Court in its equitable jurisdiction as administered hy the Primary Judge in Equity and the full Court under the “ Equity Act of 1880 ” or any other Act that may be passed for regulating such equitable jurisdiction Provided that any other Judge of the Court may act primarily under this Act with the concurrence of the Primary Judge in Equity. |
| Power to authorize |
| leases of st-1 tied | 4. It sliall he laAAfful for the Court if it shall deem it proper and |
| estates. | consistent with a due regard for the interests of all parties entitled under the settlement and subject to the provisions and restrictions in |
this
| 1886. | 5(r VIC. | No. 20. |
Settled Estates.
this Act contained to authorize leases of any settled estates or of any rights or privih'ges over or allhcting any settled estates for any j)urpose whatsoever wl'cther involving waste or not provided tlie following conditions he observed :—^
(i) Every such leas 3 shall he made to take effect in possession at or within one yea ' next after the making thereof and shall l)c for a term of years not exceeding for an agricultural or occupation lease ten years and for a mining lease forty years and for a repairing lease ifteen years and for a huilding lease thirty years.
(ii) On every such lease shall he reserved the best rent or reservation in tie nature of rent either uniform or not that can he reasonajly obtained to he made payable half yearly or oftener without taking any fine or other benefit in the nature of a fine Prewided that in the case of a mining lease a nominal rent or any smaller rent than the rent to he ultimately mai.e payable may if the Court shall think lit so to direct he nu de payable during all or any part of tlie first five years of tl e lease Provided also that in case of a mining lease the rent leservcd may be in part by way of royalty on the minerals raised or on the gross or net produce thereof.
(ill) Where the lease is of any earth coal stone or mineral a certain portion of the whole rent or payment reserved shall be from time :o time set aside and invested as hereinafter mentioned namely when and so long as the person for the time being entitled to the receipt of such rent is a person who by reason of his estate or by virtue of any declaration in the settlement is e ititled to work such earth coal stone or mineral for his own be lefit one-fourth part of such rent and other
| . | wise three-for rth parts thereof and in every such lease sufficient provision shall be made to insure such application of the aforesail portioii of the rent by the appointment of Trustees or otl erwise as the Court shall deem expedient. |
(iv) Every such lease shall he by deed and the lessee shall execute a counterpart thereof and every such lease shall contain a condition for re-entry on non-payment of the rent for a period of tvunity-eight days after it becomes duo or for some less period 1;o be specilied in that behalf.
5. Subject and in addition to the conditions hereinbefore Leases may contain
mentioned every such lease shall contain such covenants conditions “peciai covenants,
and stipulations as the Court shall deem expedient with reference to
the special circumstances ch the demise.
| 6. The power to authorize leases conferred by this Act shall | settled land |
| j. | «/ | m&v tc Icftfccl. |
| extend to authorize leases either of the whole or any parts of the | ' |
| settled land and may be ex ercised from time to time. |
7. Any leases whether granted in pursuance of this Act or leases may bo
otherwise may be surrendered cither tor tlie purpose ot obtaining a i-cnewed.
renewal of the same or not and the power to authorize leases conferred
by this Act shall extend to authorize new leases of the whole or any
part of the hereditaments comprised in any sun’cndered lease.
8. The power to authorize leases conferred by this Act shall Power to aiithorize
| X I X | xi'*’ * | T | • | j _ i j _ | i _ * ^ i i | 1 leases lo extend to |
extend to authorize prelinnnary contracts to grant any such leases and preliminary
| any of the terms of such contracts may be varied in the leases. | contracts. |
9. The power to authorize leases conferred by this Act may be Modes in wincii
exercised by the Court either by approving of particular leases or by ordering that powers of leasing in conformity with the provisions of this Act shall be vested in Trustees in manner hereinafter mentioned.
10. When application is made to the Court either to approve of what evidence to
a particular lease or to vest any powers of leasing in Trustees tlic Court appî aLon'̂ t̂
shall require the applicant to produce such evidence as it shall deem authorize leases.
sufficient
| 52 | ]N"o. 20. | 50'̂ VIC. | 188G. |
Settled Estates.
sufficient to enable it to ascertain tlie nature value and circumstances of tlie estate and the terms and conditions on Avliicli leases thereof ought to be authorized.
After approval of
| a lease Court to | 11. When a particular lease or.contract for a lease has been |
| direct who sliall be | approved by the Court the Court shall direct ivliat person or persons |
| the lessor. | shall execute the same as lessor and the lease or contract executed by such person or persons shall take effect in all respects as if he or they Avas or were at the time of the execution thereof absolutely entitled to the Avhole estate or interest Ai'liich is bound by the settlement and had immediately afterwards settled the same according to the settlement and so as to operate (if necessary) by tvay of revocation and appoint ment of the use or othenvise as the Court shall direct. |
| Powers of leasing |
| may be vested in | 12. Wliere the Court shall deem it expedient that any general |
| Trustees. | j)owers of leasing any settled estates conformably to this Act should be A'ested in Trustees it may by order A'est any such poAver accordingly either in the existing Trustees of the settlement or in any other persons and such poA ers Avhen exercised by such Trustees shall take eft'ect in all respects as if the power so  ested in them had been originally contained in the settlement and so as to operate (if neces sary) by AAmy of reA’oeation and appointment of the use or othenvise as the Court shall direct. And in every such case the Court if it shall think tit may impose any conditions as to consents or othenA'ise on the exercise of such poAver and the Court may also authorize the insertion of provisions for the appointment of neAV Trustees from time to time for the purpose of exercising such powers of leasing as aforesaid. |
| Court may authorize | 13. It shall be laAvfnl for the Court if it shall deem it proper and |
| sale of settled |
| estates. | consistent AAuth a due regard for the interest of all parties entitled under the settlement and subject to the proAUsions and restrictions in this Act contained from time to time to authorize a sale of the Avdiole or any parts of any settled estates and CA'ery such sale shall be conducted and confirmed in the same manner as by the rules and practice of the Court for the time being is or shall be required in the sale of lauds sold under a decree of the Court ProAuded al\Auys that it shall be laAA'ful for the Court if it thinks fit to authorize any such sale to bo conducted out of Court upon such terms and conditions and subjects to such restrictions as to the Court may seem fit. |
| land sold for |
| Consideration for | II . When any land is sold for building purposes it shall be |
| building may be a | lawful for the Court if it shall see fit to alloAV the Avhole or any part |
| fee-farm rent. | of the consideration to be a rent issuing out of such land AAdiich may be secured and settled in such manner as the Court shall approA'e. |
| Minerals &c. maybe | 15. Oil ally Sale Or Icasc of land any earth coal stone or mineral ĵ ^̂ y bc cxccpted aiid aiiv ilglits 01’ privileges mav be reserved and the purchaser or lessee may be required to enter into any covenants or submit to any restrictions Avhich the Court may deem advisable. |
| excepted from sales |
| Coiut may autiiorize | 16. It sliall be laAvful foi’ tlic Coui’t if it sliall deem it proper |
par^of sTttkd*bfnd cousistant Avitli a due regard for the interests of all parties entitled for streets roads and uudei’ tlie Settlement uiid subjcct to the provisions and restrictions in otiier works. contained from time to time to direct that any part of any
settled estates be laid out for streets roads paths squares gardens or other open spaces seivers drains or Avatercourses either to be dedicated to the public or not and the Court may direct that the parts so laid out shall remain vested in the Trustees of the settlement or be conveyed to or A'ested in any other Trustees upon such trusts for securing the continued appropriation there if to the purposes aforesaid in all respects and Avith such provisions for the appointment of ucav Trustees Avheii required as by the Court shall be deemed advisable,
| jis (o Liying out and | i7 . Wlici’c any part of any settled estates is directed to be laid |
| an̂ mairuinln̂ ^̂ | oiit foi’ sucli piirposes as aforcsaid the Court may direct that any such |
| streets roads and | streets I'oads pitlis souai’es gardens or other open spaces sewers drains |
| other works and | x | i. | o | x | x |
| expe. SC3 thereof. |
| 1886. | 50° VIC. | No. 20. |
| Settled Estates. |
or Avatorcoursos including all necossary or proper fences ])avin2,’s eonnc'ctious and other works incidental thereto resp'ctiA ely he made and ('xccuted and that all or any part of the expenses in relation to such hayin' ̂ out and making’and execution he raised and paid by means of a sah' or mortgage of or charge upon all or aiiy part of the settled estates or he raised and paid out of the rcuts and profits of the settled estates or any part thereof or out of any moneys or iiiA'cstments repre senting moneys liable to bc laid ont in the ])urchasc of hereditanumts to bc settled in the same manner as the settled estates or out of the income of such moneys or iiiA'cstmcnts or ont of any accumulations of rents ])rotits or ineonu! and the Court may also give such directions as it may deem advisable for any repair or maintenance of any such streets roads paths squares gardens or other open spaces sewers drains or watercourses or otlu'r Avorks out of any such rents profits income or aeenmulations during such period or periods of time as to tin' Court shall seem advisable.
| 18. On every sale or dedication to be effected as hereiidiefore monuoned the Court niny direct ivhat person or persons shall execute off odea under tiio | , |
| i* | y | ' i | T | 1 | 1 | i | i n | i | clediciitoiis are t> be |
the deed of com cyance and the deed executed by such person or
| persons shall take effect as if the settlement had contained a poAver | ' |
| enabling such person or persons to effect such sale or dedication and so as to operate if ]i(!eessary hy Avay of rcA'ocation and appointment of th(' use or otherwise as the Court shall direct. |
19. Any pi'i’sou entitled lo the ])ossession or to the r(‘ceipt of
the r(Mits and ])ro!its of any settled estates for a term of years ponerl'conferred b/
determinable on his death or for an estate for life or any greater estate OdsAct.
and also any person entitled to the possession or to the receipt of
the rents and profits of any settled estates as the assignee of any
person Avho but for smdi assignment Avould be entitled to such settled
estates for a term of years determinable AA'ith any life or for an
estate for any life or any greater estate may apply to the Court bŷ
])etition in a summary way to exercise the poAvers conferred by this
Act.
20. Subject to the exceptions hereinafter contained e v e r y " ’'ose
ap])lication to the Court nuist be made Avith the concurrence or con-b'Ĵ ardc.''''**'™
sent ol' the folloAving parties namley—
(i) Where there is a tenant in tail under the settlement in existence and of full ag(; then the jjarties to concur or consent shall bc sneh tenant in tail or if there is more than one such t<mant in tail then the first of such tenants in tail and all persons in existence having any beneficial estate or interest under or by Ao’rtuc of the settlement prior to the estate of such tmiants or tenant in tail and all trustees having any estate or interest on behalf of any unborn child prior to the estate of such tenant in tail.
(ii) And in every other case the parties to concur or consent shall be all the persons in existence having any beneficial estate or interest under or by Au'rtue of the settlement and also all Trustees liaA'ing any estate or interest on behalf of any unborn child.
21. ProAuded ahvays that Avhero an infant is tenant in tail Court mnv dispense
under the settlement it shall be laAvful for the Court if it shall think re.!̂ iVrorccViain
lit to dispense Avith the concurrence or consent of the ]Acrson if only estates.
one or all or any of the persons if more than one entitled Avhether
beneficially or otherAvise to any estate or interest subsequent to the
estate tail of such infant.
22. Provided ahvays that Avhcrc on an application under t h i s Notice to be given to
Act the concurrence or consent of any such person as aforesaid shall eoi?cuTor'contenTto
not have been obtained notice shall bc given to such person in s u c h tbe appiicntion. ,
manner
| 54 | No. 20. | 50̂ | ̂ V IC . | 1886. |
Settled Jdstates.
maiiiK'v as the Court sliall direct requiring him to notify Avitliin a time to he specilh'd in such notice Avhether he assents to or dissents from such application or suhmits his rights or interests so far as they may be affected hy such a])plication to he dealt AA'ith hy the Court and CA'cry such notice shall specify to aaIioui and in Avhat manuer such notification is to he deliA crcd or left Tn case no notification shall he deliAmrcd or left in accordance Avith the notice and AAdthin tl.c time therchy limited tlu'person to or for AAdiom such notice shall harm been gh'en or left shall he deemed to liaA’C submitti'd his rights and interests to he dealt Avith hy the Court.
Court may dispense
| with notice under | 23- ProA'ided also that AA'here on an ajiplication under this Act |
| certain circiun- | the concurrence or consent of any such person as aforesaid shall not |
| stances and may | haA’e been obtained and in case such person cannot he fonnd or in case |
| if it tliink | refer |
ro Mtister for report. it shall he uucertain Avhether he be liA'ing or dead or in case it shall appear to the Court that such notice as aforesaid cannot he ghmn to such person AAuthout expense disproportionate to the A'aluc of the subject matter of the application then and in any such case the Court if it shall think fit either on the ground of the rights or interests of such person being small or remote or being similar to tin; rights or intiircAs of any other person or persons or on any other ground may hy order dispense Avith notice to such person and such person shall thereupon be deemed to haA e submitted his rights and interests to bc dealt Avith hy the Court ProA'ided that in order to ascertain Avho are the persons ha\dng right to assent or dissent or submit as herein provided, tlie Court may if it shall think fit direct the Master in Equity to make enquiry in that behalf as in the case of suits for partition and the Master’s report shall if approved by the Court be conclusive for the pnr[)oses of such application and any person having any interest Avho shall not he mentioned in the report and Avho shall not make claim to the Court before the order on such ajiplication shall have been made shall be deemed to have submitted his rights and interests to bo dealt AAuth by the Court.
| with consent having24i. An order may be made upon anv application notwith- | Court, iiiaj dispense | ||
| regard to the number Standing tliat the concurreiicc or consent ot any such person as atoresaid | |||
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| parties. |
in considering the application shall haAC regard to the number of persons AAdio concur in or consent to the application and Aidio dissent therefrom or Avho submit or arc to be deemed to submit their rights or interests to be dealt Avith by the Court and to the estates or interests Avhich such persons respectively have or claim to have in the estate as to AAdiich such application is made and CAuny order of the Court made upon such application shall liaAm the same effect as if all such persons had been consenting parties thereto.
Petition may be 25. Providcd nevertheless that it shall bc laAvful for the Court
foiisent sTiving”rights if it sliall tliiiik fit to gh^c effcct to any petition subject to and so as not
| parties. | of non-consenting alfcct tlic 1‘iglits cstatc oi’ iiitei’cst of any person Avhose concurrence |
or consent has been refused or Avho has not submitted or is not deemed to liaA’c submitted his rights or interests to be dealt Avith by the Court or Avhose rights estate or interest ought in the opinion of the Court to be excepted.
| Notice of application | 20. Notice of ally ap})lication to the Court under this Act shall be served on all Trustees avIio are seised or possessed of any estate in trust for any person Avhose consent or concurrence to or in the appli cation is hereby required and on any other parties Avho in the opinion of the Court ought to be so served unless the Court shall think fit to dispense AAith such notice. |
| to be served on all | |
| Trustees &c. |
| Notice of application | 2 7 . | Notice of a l l y application to the Coiirt Under this Act shall |
| to be given in | Court sliall SO dii'cct hilt iiot othei'Aidse bc inserted in such news- |
| newspapers if Court |
| direct. | papers as | the Court shall direct and any person or body coiqioratc |
Avhether
| 1886. | 50° VIC■>, | jŜ o . 2 0 . | 5 d |
| Settled Estates. |
wliether interested in the estate or not may apply to tlu' Court l>y motion for leave to be heard in op])osition to or in support of any appli- eation Avhieh may he made to the Court under this Act and the Court is hereby authorized to permit such person or corporation to appear and he heard in opposition to or in support of any such application on such terms as to costs or othenvise and in such manner as it shall think lit.
28. The Court shall direct that some sufficient notice of any Notuoof tiioosorciso
| exercise of any of the powers conferred on it hy this Act shall he placed | powers to bo given |
| on the settlement or on any copies thereof or othenvise recorded in com-t. | ‘ |
| any way it may think proper in all cases where it shall appear to tlie Court to ho praeticable and expedient for preventing fraud or mis take. |
29. All money to he reetdved on any sale effected under the raymont and appii-
authority of this Act or to he set aside out of the rent or payments r̂Ldn's UonrsXs reserved on any lease of earth coal stone or minerals as aforesaid may o'" “"t of if the Court shall think fit he ])aid to any Trustees of whom it shall
approve or otherwise the same shall he paid into Court ex parte the apjilicant in the matter of this Act and such money shall ho invested de[)osited or otherwise applied as the Court shall from time to lime direct in some one or more of tlu' following modes nanndy—
(i) In investnumt in Government securities or on other securities
on which ^LTustecs arc hy law authorized to invest trust moneys
or on which the TrusuM's of the settlement are hy the s(dtl(‘-
nnmt antliorized so to invest Provided that in case of iiivi'st-
ment in li'miinahle securities provision shall he made hy way
of sinking fund or otherwise in respect of any premiums or
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| remoter interests. |
(ti) l?y deposit at interest in the Colonial Treasury or in any Hank
as authoi'izcd hy the ])resent or any future rules of Court.
| (in ) | In discharge purchase or redemption of incumbrances alfect- ing the inheritanc(! of the settled land or other the whole estate the subject of the settlement or aifecting any otlun- hereditaments subject to the same uses or trusts. |
| (iv) | In purchase of the reversion in fee of any part of the scdthal land l)('ing leasehold land held for years or life or years determinable on life. |
| (v) | In purchase of land in fee simple or of leasehold land held for sixty years or more unexpirc'd at the time ot' ])urchas(' to he settled in the same inanner as the hereditaments in respect of which the money was paid or as near thereto as the dilVer- ent nature of the jiroperty purchased may admit. |
| (vi) | In payment to any person becoming absolutely entitled or empowered to give an absolute discharge. |
(vii) In payment of costs charges and expenses of or incidental to the exercise of any of the powers or the execution of any of the provisions of this Act.
(v iii) In any other mode in which money produced hy the exercise
of a power of sale in the settlement is applicable thereunder.
TO. Capital money arising under this Act while remaining un- Transmission ami
| • | ; | 1 | 1 • | 1 | ^ ‘L' | 1 * 1 | • | J. | i. | V» | devolution of ciipital |
lavcsted. or unapplied and socunties on avInch an investment ot any money,
such capital money is made shall for all jnirposes of disposition trans
mission and devolution bc considered as land and the same shall be
lu'ld for and go to the same persons succi'ssivcly in the same manner
and for and on the same estates interests and trusts as the land where
from the money arises would if not disposed of have been held and have
gone under the settlement and the income of such capital money and
such .seenrities shall bo paid or anjilied as the income of that land if not
disposed of would have been payable or applicable under the settlement.
h i.
| No. 20. | 50̂ YIC. | 1886. |
Settled Estates.
| Trusteos may apply | 81. Tlic application of tlic moDcy ill manner aforesaid may if |
eXTwit'ho'iir*'’' Court shall so direct be made by tbe Trustees if any ivitbont any
apiaiicatiou to Court, application to tliG Court 01' otlicnvise upon an order of the Court upon
the petition of the person iyIio ivould have been entitled to tbe possession
or tbe receipt of the rents and profits of the settled estates,
vaitii monoy can be 82. Until tlio inoiiey can be applied as aforesaid the same shall amrdiviicndrto be i>G iiivested as tliG Court sliull dircct in some or one of the investments
paid to parties
| entitled. | in which cash under the control of the Court is for the time being authorized to he invested and the interest and dividends of such invest ments shall he paid to the person who would have been entitled to the rents and profits of the land if the money had been investi'd in the | |
|
| Court may direct 33. Where aiiy purchase money ]iaid inhi Court under the application of money ppovisioiis of tliis Act sliall liave been paid in resivict of anv lease for a | in rf-xiiv'ct, /\f lotistoa | |||
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| Court may exereiso | ||||
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| them noi with | ||||
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| settlers. | ||||
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| Court not to authorize | ||||
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| authorized by the | ||||
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| authorized in and hv the settlement Iaa' the settler or settler.s. | t | t- |
Acts of Court in80. After the completion of any lease or sale or other act of thTrAlHioTTo'^b^ under the authority of the Court and pnrportiiig to be in pirrsnance of
iiiTaiidated. tlils Act tlic saiuc shall uot ho inA'alidatcil on the ground tliat the Court AA'as not heiashy empoAvered to authorize the same except that no such lease sale or other act shall haA*e any elfect against such person as herein mentioned whose concurrence or consent ought to he obtained or Avho ought to bo served Avith notice or in rc.spect of Avhoui due order
dispensing
| 1886. | 50° VIC. | ~No, 20. |
Settled Instates.
dispensing with such service ought to ho obtained in the case Avhere such concurrence or consent has not been obtained and such service has not been made or dispensed Avith.
37. It shall l)c laAA'ful for the Court if it shall think fit to order Costs,
that all or any costs or expenses of all or any parties of and incident
to any application under this Act shall he a charge on the heredita ments Avhicli is the subject of the application or on any other heredita ments included in the same settlement and subject to tlie same limitations or on any capital money arisiug undi'i- this Act or on any securities on AA'hich an investment of any such money is made And the Court may also direct that such costs and cx])(uiscs shall he raised by sale or mortgage of a sufficient jmrt of any such hereditaments or paid out of the rents and profits thereof or out of any securities taken under this Act or the income thereof sucli costs and expenses to he taxed as the Court shall direct.
38. The Judges of the Supreme Court shall liaA'e full poAver to Kuiesand orders,
make general rules and orders for carrying into effect the ])urposes of this Act and for regulating the times and form and mode of jiroceduro and generally the practice of the Court in respect of the nratters to Avhich this Act relates and for regulating the fees and allowances to all officers and solicitors of the Court in respect to such matters and such rules and oi’ders may from time to time bc rescinded or altered by the Judgt's Provided that all such rules and orders shall he; laidhcfoia; each House of Parliaimmt Avithin tweuty-ono days after the making thereof if Parliament is then sitting or if not Avitliin tAA'cnty-one days after the commencement of the then next ensuing Session.
39. It shall h(‘ lawful for any ])erson entith'd to the possession Leases by ten:inis
| or to the recinpt of the rents and profits of any si'ttled estate's for an | °rteVo'the*̂ |
| estate for au life or for a term of  ears determinable AA'ith anv life or Court. | f | V |
Ha'cs or for any greater estate either in his own right or in right of his wife unh'ss the settlement shall contain an exprc'ss declaration tliat it shall not he laAvful for such person to make such demise and also for any person entitled to the possession or to the receipt of the rents and profits of any unsettled estates as tenant in tail after possibility of issue extinct or as tenant hy the curtesy or in right of a Avife aaJio is seised in fee Avithout any application to the Court to demise the same or any part thereof from time to time for any term not exci'oding ten years to take effect in possession at or Avithin one year next after tlu; making thereof ProAuded that every such demise he made hy deed and the best rent that can reasonably he obtained he thereby rcserA ed Avithout any fine or otlu'r heneiit in the nature of a fine Avhich rent shall he incident to tlû immcdiati' roAcrsion and provided that such demise he not made Avithout im])eachment of Avaste and do contain a covenant for payment of the rent and such other usual and proper covenants as the lessor shall think fit and also a condition of re-entry on non-payment of the rent for a period of tAventy-eight days after it becomes due or for some less period to he specifieil in that behalf and provided a counterpart of every deed of lease he executed hy tlie lessee.
40.. Ea'Ciw demise authorized hy the last preceding section Agiiust wbom such
shall he valid against the person granting tlie same and all
persons entitled to estates snbsccpient to the estate of such person
under or hy virtue of the same settlement if the estates he settled and
in the case of unsettled estates against the Avife of any husband grant
ing such demise of estates to AA'hich he is entitled in right of such Avife
and against all persons claiming through or under the Avife (as the case
may be) of the person granting the same.
| 41. The execution of auA' lease bv the lessor or lessors shall he | *' | CXGCUilOM I'l |
| deemed sufficient evidence that a conntcrjiart of such lease has been countcrpiirt lease | ' | “ | - - | ̂ | - | - | - - | lessee. |
duly executed by the lessee as ri'ipiircd hy this Act.
| n | 42 . |
| No. 20. | 50' VIC. | 1886. |
| Settled Estates. |
| Provisions as to | 42. A ll powers given | this Act and all applications to tlie |
| infants lunatics t̂ c. |
Court under this Act and consents to and notifications respecting such applications may he executed made or given by and all notices under this Act may he given to guardians on behalf of infants and hy or to committees on behalf of lunatics and hy or to trustees or assignees of the jiroperty of'hanlv'rupts or insolvents Provided never theless that in tin' cases of infants or lunatic tenants in tail no applica tion or consent to or notification rcsjiecting any application may he made or given hy any guardian or committee ivithout the special
| Married women | direction of the Court. |
| :i])plying to the Court | 43. Where a married n oman shall apply to thĉ Court or |
| consenting to bc |
| (“xamincd apart | consent to an ap])lieation to tlie Court under this Act she shall first |
| from her liubhaiid. | ho examined apart from her husband touching her knowledge of the nature and effect of the application and it shall he ascertained that she freely desires to make or consent to such application and such examination shall he made wlicther the hereditaments wdiich arc the subject of the application shall he settled in trust for the sepai’ate use of such mariicd woman independently of her hnshand or not and no clause or ]irovision in any settlement restraining anticipation shall iirevent the Court from exercising if it shall think fit any of the jiowers given hy this Act and no such exercise shall occasion any forfeiture anything in the settlement contained to the contrary not- Avithstanding. |
| Examination of |
| married women liow | 44. The examination of such married woman when resident |
| to bo made wlicn | within the jurisdiction of the Court shall he made either hy the Court |
| residing within tlie | |
| jurisdiction of the | or hy some solicitor duly appointed hy the Court for that purpose who |
| Court and how when | shall certify under his hand that lie has examined her apart from her |
| residing out of sueli | |
| jurisdict ion. | husband and is satisfied that she is aAvarc of the nature and effect of the intended application and that she freely desires to make or consent to the same And Avhen the married Avoman is resident ont of the jurisdiction of tlie Court (to Avhich svicli application is made) her ex amination may he made hy any })crson appointed for that purpose by the Court Avhether he is or is not a solicitor of the Court and such ])crson shall certify under his liand to tlie effect hereinbefore provided in respect of the ('xamination of a married Avoman resident Avithin the jurisdiction And the appointment of any such person not being a solicitor shall allbrd conclusive e\ idenee that the married woman Avas at the time of such examination resident out of the jurisdiction of the Court. |
| As to application by | |
| or consent of. | 45. Suhjeet to such examination as aforesaid married Ai'omen may make or consent to any applications Avhether they he of full ago or infants. |
| ^fo obligation to |
| make or consent to | 46. Nothing in this Act shall he construed to create any |
| apnlication &c. | obligation on any person to make or consent to any application to the Court or to exercise any poAver. |
| Tenants for life |
| to bo deemed | 47. Nor the purposes of tills AcCa person shall bc deemed to be |
| entitled notwith | entitled to the possession or to the receipt of the rents and profits of |
| standing encum | |
| brances. | settled land although his estate may he charged or encumbered either hy himself or hy the settler or othcrAvise hoAvsoever to any extent but the estates or intcirests of the parties entitled to any such charge or encumbrance shall not he affected by the acts of the persons entitled to the possession or to the receipt of the rents and profits as aforesaid unless thev shall.’concur therein. |
No. X X I.
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