The Settled Estates Act 52 and 53 Vic, Amendment Act 1889 (SA)

ANNO QUINQ,Ud4GESIM0 SECUNDO ET QUINQUA-

GESINO TERTIO

A. D. 1889.

No. 459.

An Act to amend '' The Settled Estates Act, 1880.)'

[Assented to, November 13tk, 1889.1

HEREAS it is expedient to amend The Settled Estates Act, Preamble.

W 1880 "-Be it therefore Enacted by the Governor of the	Province of South Australia, with the advice and consent of the
Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

l, This Act may be cited as " The Settled Estates Act Amend- short title.

ment Act, 1889," and shall be incorporated and read as one with

The Settled Estates Act, 1880."

Settled Estatcs Act, 1880," wherever in any settlement a direction freehold property.

or trust fop sale or conversion is given or contained, and the Court

shall decm it proper and consistent, with a due regard for the

interests of all parties entitled, the Court may, subject to such pro-

visions and restrictions as the Court may think fit, authorise the

trustees or the executors for the time being of any settlement, to

mortgage or otherwise pledge the whole or any portion of the

freehold

2, An order of the Court under any statutory or other juris- orderof Courtnot invalidated.

diction shall not, as against a purchaser, be invalidated on thc ground of want of jurisdiction or of want of any concurrence, con- sent, notice, or service, whether the purchaser has noticc of any Exception in ection

such want or not. This section shall have effect with respect to ~ '; f l, "; ~ ~; ~ ~; ~ ~ ~

any lease, sale, or other act, under the authority of the Court, and

purporting to be made in pursuance of The Settled Estates Act,

1880," nntwithstanding the exception in section 40 of that Act.

3. In addition to the powers conferred upon the Court by The Power t~ mortgage

52' & 53O VICTORIE, No. 459.

The Bettled Estates Act Amendment A c t. 1. 8 8 9.

freehold property the subject of any such settlement; and thc moneys received from any such mortgage or pledge &all be applied in such manner as the Court shall from time to time direct,

having due regard to such interests as aforesaid.

Act may be negatived. 4, This Act shall not affect any settlement made which expressly

negatives the provisions of this Act.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

S. J. WAY, Deputy Governor.

- -

C -- W---

-. -- ---p - - - -

Adelaide : By authority, H. F. LEADEK, Government Printer, North-terrace.