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SETTLED ESTATES ACT 1877

SETTLED ESTATES ACT 1877 - LONG TITLE

An Act to consolidate and amend the Law relating to Leases and
Sales of Settled Estates.{1}
[28th June 1877]
Preamble rep. by SLR 1894

SETTLED ESTATES ACT 1877 - SECT 1
Short title.

1. This Act may be cited for all purposes as the Settled Estates
Act, 1877.

SETTLED ESTATES ACT 1877 - SECT 2
Interpretation of ""settlement'' and ""settled estates''.

2. The word "settlement" as used in this Act shall signify any Act
of Parliament, deed, agreement, copy of court roll, will, or other
instrument, or any number of such instruments, under or by virtue
of which any hereditaments of any tenure or any estates or
interests in any such hereditaments stand limited to or in trust
for any persons by way of succession, including any such instruments
affecting the estates of any one or more of such persons
exclusively.

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 be a tenant for life.

All estates or interests in remainder or reversion not disposed of
by the settlement, and reverting to a settlor or descending to the
heir of a testator, shall be deemed to be estates coming to such
settlor or heir under or by virtue of the settlement.

In determining what are settled estates within the meaning of this
Act, the Court shall be governed by the state of facts, and by
the trusts or limitations of the settlement at the time of the
said settlement taking effect.

SETTLED ESTATES ACT 1877 - SECT 3
Interpretation of ""the Court''.

3. ...

The expression "the Court" in this Act shall, so far as relates to
estates in Ireland, means the [High Court of Justice in Northern
Ireland].

SETTLED ESTATES ACT 1877 - SECT 4
Power to authorise leases of settled estates.

4. It shall be lawful for the Court, if it shall deem it proper
and consistent with a due regard for the interests of all parties
entitled under the settlement, and subject to the provisions and
restrictions in this Act contained, to authorise leases of any
settled estates, or of any rights or privileges over or affecting
any settled estates, for any purpose whatsoever, whether involving
waste or not, provided the following conditions be observed:

First. Every such lease shall be made to take effect in possession
at or within one year next after the making thereof, and shall be
for a term of years not exceeding for an agricultural or occupation
lease, ... so far as relates to estates in Ireland thirty-five
years, and for a mining lease or a lease of water mills, way
leaves, water leaves, or other rights or easements forty years, and
for a repairing lease sixty years, and for a building lease
ninety-nine years: Provided always, that any such lease (except an
agricultural lease) may be for such term of years as the Court
shall direct, where the Court shall be satisfied that it is the
usual custom of the district and beneficial to the inheritance to
grant such a lease for a longer term than the term herein-before
specified in that behalf:

Secondly. On every such lease shall be reserved the best rent or
reservation in the nature of rent, either uniform or not, that can
be reasonably obtained, to be made payable half yearly or oftener
without taking any fine or other benefit in the nature of a fine:
Provided always, that in the case of a mining lease, a repairing
lease, or a building lease a peppercorn rent or any smaller rent
than the rent to be ultimately made payable may, if the Court
shall think fit so to direct, be made payable during all or any
part of the first five years of the term of the lease:

Thirdly. 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 to time set aside and invested as herein-after 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
entitled to work such earth, coal, stone, or mineral for his own
benefit, one fourth part of such rent, and otherwise three fourth
parts thereof; and in every such lease sufficient provision shall be
made to ensure such application of the aforesaid portion of the
rent by the appointment of trustees or otherwise as the Court shall
deem expedient:

Fourthly. No such lease shall authorise the felling of any trees
except so far as shall be necessary for the purpose of clearing
the ground for any buildings, excavations, or other works authorised
by the lease:

Fifthly. Every such lease shall be 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
twenty-eight days after it becomes due, or for some less period to
be specified in that behalf.

SETTLED ESTATES ACT 1877 - SECT 5
Leases may contain special covenants.

5. Subject and in addition to the conditions herein-before mentioned,
every such lease shall contain such covenants, conditions, and
stipulations as the Court shall deem expedient with reference to the
special circumstances of the demise.

SETTLED ESTATES ACT 1877 - SECT 6
Parts of settled estates may be leased.

6. The power to authorise leases conferred by this Act shall extend
to authorise leases either of the whole or any parts of the
settled estates, and may be exercised from time to time.

SETTLED ESTATES ACT 1877 - SECT 7
Leases may be surrendered and renewed.

7. Any leases, whether granted in pursuance of this Act or
otherwise, may be surrendered either for the purpose of obtaining a
renewal of the same or not; and the power to authorise leases
conferred by this Act shall extend to authorise new leases of the
whole or any part of the hereditaments comprised in any surrendered
lease.

SETTLED ESTATES ACT 1877 - SECT 8
Preliminary contracts authorised.

8. The power to authorise leases conferred by this Act shall extend
to authorise preliminary contracts to grant any such leases, and any
of the terms of such contracts may be varied in the leases.

S.9 rep. by SLR (NI) 1954

SETTLED ESTATES ACT 1877 - SECT 10
Mode of authorising leases.

10. The power to authorise leases conferred by this Act may be
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
herein-after mentioned.

SETTLED ESTATES ACT 1877 - SECT 11
Evidence on application to authorise leases.

11. When application is made to the Court either to approve of a
particular lease or to vest any powers of leasing in trustees, the
Court shall require the applicant to produce such evidence as it
shall deem sufficient to enable it to ascertain the nature, value
and circumstances of the estate, and the terms and conditions on
which leases thereof ought to be authorised.

SETTLED ESTATES ACT 1877 - SECT 12
After approval of a lease, Court to direct who shall be the
lessor.

12. When a particular lease or contract for a lease has been
approved by the Court, the Court shall direct what person or
persons 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 was or were at the time of the
execution thereof absolutely entitled to the whole estate or interest
which is bound by the settlement, and had immediately afterwards
settled the same according to the settlement, and so as to operate
(if necessary) by way of revocation and appointment of the use or
otherwise, as the Court shall direct.

SETTLED ESTATES ACT 1877 - SECT 13
Powers of leasing may be vested in trustees.

13. Where the Court shall deem it expedient that any general powers
of leasing any settled estates conformably to this Act should be
vested in trustees, it may by order vest any such power accordingly
either in the existing trustees of the settlement or in any other
persons, and such powers, when exercised by such trustees, shall
take effect in all respects as if the power so vested in them had
been originally contained in the settlement, and so as to operate
(if necessary) by way of revocation and appointment of the use or
otherwise, as the Court shall direct; and in every such case the
Court, if it shall think fit, may impose any conditions as to
consents or otherwise on the exercise of such power, and the Court
may also authorise the insertion of provisions for the appointment
of new trustees from time to time for the purpose of exercising
such powers of leasing as aforesaid.

SETTLED ESTATES ACT 1877 - SECT 14
Conditions that leases be settled by the Court not to be inserted
in orders made under this Act.

14. Provided always, that in orders under this Act for vesting any
powers of leasing in any trustees or other persons, no conditions
shall be inserted requiring that the leases thereby authorised should
be submitted to or be settled by the Court or a judge thereof, or
be made conformable with a model lease deposited in the judge's
chambers, save only in any case in which the parties applying for
the order may desire to have any such condition inserted, or in
which it shall appear to the Court that there is some special
reason rendering the insertion of such a condition necessary or
expedient.

SETTLED ESTATES ACT 1877 - SECT 15
Conditions where inserted may be struck out.

15. Provided also, that in all cases of orders (whether under this
Act or under the corresponding enactment of the Acts hereby
repealed) in which any such condition as last aforesaid shall have
been inserted, it shall be lawful for any party interested to apply
to the Court to alter and amend such order by striking out such
condition, and the Court shall have full power to alter the same
accordingly, and the order so altered shall have the same validity
as if it had originally been made in its altered state; but
nothing herein contained shall make it obligatory on the Court to
act under this provision in any case in which from the evidence
which was before it when the order sought to be altered was made,
or from any other evidence, it shall appear to the Court that
there is any special reason why in the case in question such a
condition is necessary or expedient.

SETTLED ESTATES ACT 1877 - SECT 16
Court may authorise sales of settled estates and of timber.

16. It shall be lawful for the Court, if it shall deem it proper
and consistent with a due regard for the interests of all parties
entitled under the settlement, and subject to the provisions and
restrictions in this Act contained, from time to time to authorise
a sale of the whole or any parts of any settled estates or of
any timber (not being ornamental timber) growing on any settled
estates, and every 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 lands sold
under a decree of the Court.

S.17 rep. by 1882 c.38 s.64 sch.

SETTLED ESTATES ACT 1877 - SECT 18
Consideration for land sold for building may be a fee-farm rent.

18. When any land is sold for building purposes it shall be lawful
for the Court, if it shall see fit, to allow the whole or any
part of the consideration to be a rent issuing out of such land,
which may be secured and settled in such manner as the Court shall
approve.

SETTLED ESTATES ACT 1877 - SECT 19
Minerals, &c., may be excepted from sales.

19. On any sale of land, any earth, coal, stone, or mineral may
be excepted, and any rights or privileges may be reserved, and the
purchaser may be required to enter into any covenants or submit to
any restrictions which the Court may deem advisable.

SETTLED ESTATES ACT 1877 - SECT 20
Court may authorise dedication of any part of settled estates for
streets, roads, and other works.

20. It shall be lawful for the Court if it shall deem it proper
and consistent with a due regard for the interests of all parties
entitled under the settlement, and subject to the provisions and
restrictions in this Act 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, sewers, drains,
or watercourses, 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
vested in any other trustees upon such trusts for securing the
continued appropriation thereof to the purposes aforesaid in all
respects, and with such provisions for the appointment of new
trustees when required, as by the Court shall be deemed advisable.

SETTLED ESTATES ACT 1877 - SECT 21
Laying out and making and executing and maintaining streets, roads,
and other works, and expenses thereof.

21. Where any part of any settled estates is directed to be laid
out for such purposes as aforesaid, the Court may direct that any
such streets, roads, paths, squares, gardens, or other open spaces,
sewers, drains, or watercourses, including all necessary or proper
fences, pavings, connexions, and other works incidental thereto
respectively, be made and executed, and that all or any part of
the expenses in relation to such laying out and making and
execution be raised and paid by means of a sale or mortgage of or
charge upon all or any part of the settled estates, or be raised
and paid out of the rents and profits of the settled estates or
any part thereof, or out of any moneys or investments representing
moneys liable to be laid out in the purchase of hereditaments to
be settled in the same manner as the settled estates, or out of
the income of such moneys or investments, or out of any
accumulations of rents, profits, or income; 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 other works,
out of any such rents, profits, income, or accumulations during such
period or periods of time as to the Court shall seem advisable.

SETTLED ESTATES ACT 1877 - SECT 22
Mode of effecting sales and dedications under direction of the
Court.

22. On every sale or dedication to be effected as herein-before
mentioned the Court may direct what person or persons shall execute
the deed of conveyance; and the deed executed by such person or
persons shall take effect as if the settlement had contained a
power enabling such person or persons to effect such sale or
dedication, and so as to operate (if necessary) by way of
revocation and appointment of the use or otherwise, as the Court
shall direct.

SETTLED ESTATES ACT 1877 - SECT 23
Application by petition to exercise powers of Act.

23. Any person entitled to the possession or to the receipt of the
rents and profits of any settled estates for a term of years
determinable on his death, or for an estate for life or any
greater estate, 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 who but for such assignment would be
entitled to such estates for a term of years determinable with any
life, or for an estate for any life or greater estate, may apply
to the Court by petition in a summary way to exercise the powers
conferred by this Act.

SETTLED ESTATES ACT 1877 - SECT 24
Consents to applications.

24. Subject to the exceptions herein-after contained, every
application to the Court must be made with the concurrence or
consent of the following parties namely,

Where there is a tenant-in-tail under the settlement in existence
and of full age, then the parties to concur or consent shall be
such tenant-in-tail, or if there is more than one such
tenant-in-tail, then the first of such tenants-in-tail and all
persons in existence having any beneficial estate or interest under
or by virtue of the settlement prior to the estate of such
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;

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 virtue of the settlement, and also all
trustees having any estate or interest on behalf of any unborn
child.

SETTLED ESTATES ACT 1877 - SECT 25
Court may dispense with consent in respect of certain estates.

25. Provided always, that where an infant is tenant-in-tail under
the settlement, it shall be lawful for the Court, if it shall
think fit, to dispense with the concurrence or consent of the
person, if only one, or all or any of the persons, if more than
one, entitled, whether beneficially or otherwise, to any estate or
interest subsequent to the estate tail of such infant.

SETTLED ESTATES ACT 1877 - SECT 26
Notice to persons not consenting to or concurring in application.

26. Provided always, that where on an application under this Act
the concurrence or consent of any such person as aforesaid shall
not have been obtained, notice shall be given to such person in
such manner as the Court to which the application shall be made
shall direct, requiring him to notify within a time to be specified
in such notice whether he assents to or dissents from such
application, or submits his rights or interests so far as they may
be affected by such application to be dealt with by the Court, and
every such notice shall specify to whom and in what manner such
notification is to be delivered or left. In case no notification
shall be delivered or left in accordance with the notice and within
the time thereby limited, the person to or for whom such notice
shall have been given or left shall be deemed to have submitted
his rights and interests to be dealt with by the Court.

SETTLED ESTATES ACT 1877 - SECT 27
Court may dispense with notice under certain circumstances.

27. Provided also, that where on an application under this Act the
concurrence or consent of any such person as aforesaid shall not
have been obtained, and in case such person cannot be found, or in
case it shall be uncertain whether he be living or dead, or in
case it shall appear to the Court that such notice as aforesaid
cannot be given to such person without expense disproportionate to
the value 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 the rights or interests of any other person or
persons, or on any other ground, may by order dispense with notice
to such person, and such person shall thereupon be deemed to have
submitted his rights and interests to be dealt with by the Court.

SETTLED ESTATES ACT 1877 - SECT 28
Court may dispense with consent, having regard to the number and
interests of parties.

28. An order may be made upon any application notwithstanding that
the concurrence or consent of any such person as aforesaid shall
not have been obtained or shall have been refused, but the Court
in considering the application shall have regard to the number of
persons who concur in or consent to the application, and who
dissent therefrom or who submit or are to be deemed to submit
their rights or interests to be dealt with by the Court, and to
the estates or interests which such persons respectively have or
claim to have in the estate as to which such application is made;
and every order of the Court made upon such application shall have
the same effect as if all such persons had been consenting parties
thereto.

SETTLED ESTATES ACT 1877 - SECT 29
Petition may be granted without consent, saving rights of
non-consenting parties.

29. Provided nevertheless, that it shall be lawful for the Court,
if it shall think fit, to give effect to any petition subject to
and so as not to affect the rights estate or interest of any
person whose concurrence or consent has been refused, or who has
not submitted or is not deemed to have submitted his rights or
interests to be dealt with by the Court, or whose rights estate or
interest ought in the opinion of the Court to be excepted.

SETTLED ESTATES ACT 1877 - SECT 30
Notice of application to be served on all trustees, &c.

30. Notice of any application to the Court under this Act shall be
served on all trustees who are seised or possessed of any estate
in trust for any person whose consent or concurrence to or in the
application is hereby required, and on any other parties who in the
opinion of the Court ought to be so served, unless the Court shall
think fit to dispense with such notice.

SETTLED ESTATES ACT 1877 - SECT 31
Notice of application to be advertised if Court direct.

31. Notice of any application to the Court under this Act shall,
if the Court shall so direct, but not otherwise, be inserted in
such newspapers as the Court shall direct, and any person or body
corporate, whether interested in the estate or not, may apply to
the Court by motion for leave to be heard in opposition to or in
support of any application which may be made to the Court under
this Act; and the Court is hereby authorised to permit such person
or corporation to appear and be heard in opposition to or support
of any such application, on such terms as to costs or otherwise,
and in such manner, as it shall think fit.

SETTLED ESTATES ACT 1877 - SECT 32
No application to be granted where a similar application has been
rejected by Parliament.

32. The Court shall not be at liberty to grant any application
under this Act in any case where the applicant, or any party
entitled, has previously applied to any House of Parliament for a
private Act to effect the same or a similar object, and such
application has been rejected on its merits, or reported against by
the judges to whom the Bill may have been referred.

SETTLED ESTATES ACT 1877 - SECT 33
Notice of the exercise of powers to be given as directed by Court.

33. The Court shall direct that some sufficient notice of any
exercise of any of the powers conferred on it by this Act shall
be placed on the settlement or on any copies thereof, or otherwise
recorded in any way it may think proper, in all cases where it
shall appear to the Court to be practicable and expedient for
preventing fraud or mistake.

SETTLED ESTATES ACT 1877 - SECT 34
Payment and application of moneys arising from sales or set aside
out of rent, &c. reserved on mining leases.

34. All money to be received on any sale effected under the
authority of this Act, or to be set aside out of the rent or
payments reserved on any lease of earth, coal, stone, or minerals
as aforesaid, may, if the Court shall think fit, be paid to any
trustees of whom it shall approve, or otherwise the same, ... so
far as relates to estates in Ireland, shall be paid into [the
Supreme Court to the account of the applicant] in the matter of
this Act; and such money shall be applied as the Court shall from
time to time direct to some one or more of the following purposes,
namely

... so far as relates to estates in Ireland the purchase or
redemption of rentcharge in lieu of tithes, Crown rent, or quit
rent.

The discharge or redemption of any incumbrance affecting the
hereditaments in respect of which such money was paid, or affecting
any other hereditaments subject to the same uses or trusts; or

The purchase of other hereditaments to be settled in the same
manner as the hereditaments in respect of which the money was paid;
or

The payment to any person becoming absolutely entitled.

SETTLED ESTATES ACT 1877 - SECT 35
Trustees may apply moneys in certain cases without application to
Court.

35. The application of the money in manner aforesaid may, if the
Court shall so direct, be made by the trustees (if any) without
any application to the Court, or otherwise upon an order of the
Court upon the petition of the person who would be entitled to the
possession or the receipt of the rents and profits of the land if
the money had been invested in the purchase of land.

SETTLED ESTATES ACT 1877 - SECT 36
Interim investment.

36. Until the money can be applied as aforesaid, the same shall be
invested as the Court shall direct in some or one of the
investments in which cash under the control of the Court is for
the time being authorised to be invested; and the interest and
dividends of such investments shall be paid to the person who would
have been entitled to the rents and profits of the land if the
money had been invested in the purchase of land.

SETTLED ESTATES ACT 1877 - SECT 37
Court may direct application of money in respect of leases or
reversions as may appear just.

37. Where any purchase money paid into Court under the provisions
of this Act shall have been paid in respect of any lease for a
life or lives or years, or for a life or lives and years, or any
estate in lands less than the whole fee simple thereof, or of any
reversion dependent on any such lease or estate, it shall be lawful
for the Court on the petition of any party interested in such
money to order that the same shall be laid out, invested,
accumulated, and paid in such manner as the said Court may consider
will give to the parties interested in such money the same benefit
therefrom as they might lawfully have had from the lease, estate,
or reversion in respect of which such money shall have been paid,
or as near thereto as may be.

SETTLED ESTATES ACT 1877 - SECT 38
Court may exercise powers repeatedly, but may not exercise them if
expressly negatived.

38. The Court shall be at liberty to exercise any of the powers
conferred on it by this Act, whether the Court shall have already
exercised any of the powers conferred by this Act in respect of
the same property or not; but no such powers shall be exercised if
an express declaration that they shall not be exercised is contained
in the settlement: Provided always, that the circumstance of the
settlement containing powers to effect similar purposes shall not
preclude the Court from exercising any of the powers conferred by
this Act, if it shall think that the powers contained in the
settlement ought to be extended.

SETTLED ESTATES ACT 1877 - SECT 39
Court not to authorise act which could not have been authorised by
settlor.

39. Nothing in this Act shall be construed to empower the Court to
authorise any lease sale or other act beyond the extent to which
in the opinion of the Court the same might have been authorised in
and by the settlement by the settlor or settlors.

SETTLED ESTATES ACT 1877 - SECT 40
Acts of Court in professed pursuance of this Act.

40. After the completion of any lease or sale or other act under
the authority of the Court, and purporting to be in pursuance of
this Act, the same shall not be invalidated on the ground that the
Court was not hereby empowered to authorise the same ....

SETTLED ESTATES ACT 1877 - SECT 41
Costs.

41. It shall be lawful for the Court, if it shall think fit, to
order that all or any costs or expenses of all or any parties of
and incident to any application under this Act shall be a charge
on the hereditaments which are the subject of the application, or
on any other hereditaments included in the same settlement and
subject to the same limitations; and the Court may also direct that
such costs and expenses shall be raised by sale or mortgage of a
sufficient part of such hereditaments, or out of the rents or
profits thereof, such costs and expenses to be taxed as the Court
shall direct.

S.42 rep. by 1978 c.23 s.122(2) sch.7 Pt.I. S.43 rep. by 1962 c.30
s.7(9) sch.1 Pt.IV

SETTLED ESTATES ACT 1877 - SECT 45
Application for lease or sale in Ireland may be made to Landed
Estates Court.

45. It shall and may be lawful for any person who under the
provisions of this Act may make an application to the Court of
Chancery in Ireland for the lease or sale of a settled estate,
instead of making such application to the said Court of Chancery in
Ireland to apply to the Landed Estates Court, Ireland, for the
purpose of having the lease or sale of such settled estate under
the last-mentioned Court; and thereupon it shall be lawful for the
said Landed Estates Court, Ireland, to exercise all the powers
conferred upon the Court of Chancery in Ireland, in relation to
leases or sales of such nature under the provisions of this Act,
save that the Judge in the case of a sale shall himself execute
the conveyance to the purchaser under such sale, and save that such
conveyance shall have the like operation and effect, and confer such
indefeasible title to the purchaser as if such sale had been made
and such conveyance had been executed upon an application for the
sale of an incumbered estate under the Landed Estates Court
(Ireland) Act, 1858: Provided always, that the Landed Estates Court,
Ireland, shall make such investigation of the title and circumstances
of the said estates as shall appear expedient, and also in cases
of sales as in other cases preliminary to sales conducted in the
said Landed Estates Court, Ireland: Provided also that every decision
and order in the course of such proceedings shall be subject to
appeal to the [Court of Appeal in Northern Ireland] as in other
cases under the said Act.

SETTLED ESTATES ACT 1877 - SECT 46
Tenants for life, &c., may grant leases.

46. It shall be lawful for any person entitled to the possession
or to the receipt of the rents and profits of any settled estates
for an estate for any life, or for a term of years determinable
with any life or lives, or for any greater estate, ..., unless the
settlement shall contain an express declaration that it shall not be
lawful for such person to make such demise; ..., without any
application to the Court, to demise the same or any part thereof,
except the principal mansion house and the demesnes thereof, and
other lands usually occupied therewith, from time to time, for any
term not exceeding ... thirty-five years so far as relates to
estates in Ireland, to take effect in possession at or within one
year next after the making thereof: Provided that every such demise
be made by deed, and the best rent that can reasonably be obtained
be thereby reserved, without any fine or other benefit in the
nature of a fine, which rent shall be incident to the immediate
reversion; and provided that such demise be not made without
impeachment of waste, 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 twenty-eight days after it becomes due, or
for some less period to be specified in that behalf; and provided
a counterpart of every deed of lease be executed by the lessee.

SETTLED ESTATES ACT 1877 - SECT 47
Against whom such leases shall be valid.

47. Every demise authorised by the last preceding section shall be
valid against the person granting the same, and all other persons
entitled to estates subsequent to the estate of such person under
or by virtue of the same settlement if the estates be settled,
....

SETTLED ESTATES ACT 1877 - SECT 48
Evidence of execution of execution of counterpart lease by lessee.

48. The execution of any lease by the lessor or lessors shall be
deemed sufficient evidence that a counterpart of such lease has been
duly executed by the lessee as required by this Act.

SETTLED ESTATES ACT 1877 - SECT 49
Provision as to infants, lunatics, &c.

49. All powers given by this Act, and all applications to the
Court under this Act, and consents to and notifications respecting
such applications, may be executed, made, or given by, and all
notices under this Act may be given to guardians on behalf of
infants, and by or to committees on behalf of lunatics, and by or
to trustees or assignes of the property of bankrupts, debtors in
liquidation, or insolvents: Provided nevertheless, that in the cases
of infant or lunatic tenants-in-tail no application to the Court or
consent to or notification respecting any application may be made or
given by any guardian or committee without the special direction of
the Court.

Ss.50, 51 rep. by SLR 1976

SETTLED ESTATES ACT 1877 - SECT 52
Married women.

52. ..., married women may make or consent to any applications,
whether they be of full age or infants.

SETTLED ESTATES ACT 1877 - SECT 53
No obligation to make or consent to application, &c.

53. Nothing in this Act shall be construed to create any obligation
on any person to make or consent to any application to the Court
or to exercise any power.

SETTLED ESTATES ACT 1877 - SECT 54
Tenants for life, &c. to be deemed entitled notwithstanding
incumbrances.

54. For the purposes of this Act, a person shall be deemed to be
entitled to the possession or to the receipt of the rents and
profits of estates, although his estate may be charged or incumbered
either by himself or by the settlor, or otherwise howsoever, to any
extent but the estates or interests of the parties entitled to any
such charge or incumbrance shall not be affected by the acts of
the person entitled to the possession or to the receipt of the
rents and profits as aforesaid unless they shall concur therein.

SETTLED ESTATES ACT 1877 - SECT 55
Exception as to entails created by Act of Parliament.

55. Provided always, that nothing in this Act shall authorise any
sale or lease beyond the term of twenty-one years of any settled
estates in respect of which, under ... any .. Act of Parliament,
the tenants-in-tail are restrained from barring or defeating their
estates tail, or where the reversion is vested in the Crown.

S.56 rep. by SLR (NI) 1954

SETTLED ESTATES ACT 1877 - SECT 57
Application of Act.

57. This Act shall, except as herein-after provided, apply to all
matters existing at the time of the passing of this Act, whether
proceedings are actually pending or not, and any proceedings in any
such matter may be taken under this Act as if the matter
originated under this Act: Provided always, that the provisions in
this Act contained respecting demises to be made without application
to the Court shall extend only to settlements made after the first
day of November one thousand eight hundred and fifty-six.

S.58 rep. by SLR 1883

SETTLED ESTATES ACT 1877 - SECT 59
Saving.

59. Nothing in this Act shall interfere with the exercise of any
powers to authorise or grant leases conferred by any Act of
Parliament not expressly repealed by this Act.

S.61 rep. by SLR 1894

Schedule rep. by SLR 1883