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SETTLED LAND ACT 1884

SETTLED LAND ACT 1884 - LONG TITLE

An Act to amend the Settled Land Act, 1882.
[3rd July 1884]
Short title.

SETTLED LAND ACT 1884 - SECT 1

1. This Act may be cited as the Settled Land Act, 1884.

SETTLED LAND ACT 1884 - SECT 2
Interpretation.

2. The expression "the Act of 1882" used in this Act means the
Settled Land Act, 1882.

SETTLED LAND ACT 1884 - SECT 3
Construction.

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.

SETTLED LAND ACT 1884 - SECT 4
Fine on a lease to be capital money.

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.

SETTLED LAND ACT 1884 - SECT 5
Notice under 1882 c.38 s.45 may be general.

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.

(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.

(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.

(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.

SETTLED LAND ACT 1884 - SECT 6
As to consents of tenants for life.

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.

(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 sub-section (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.

SETTLED LAND ACT 1884 - SECT 7
Powers given by s.63 to be exercised only with leave of the Court.

7. With respect to the powers conferred by section sixty-three of
the Act of 1882, the following provisions are to have effect:

(i)Those powers are not to be exercised without the leave of the
Court.

(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 is given.

(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.

(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.

(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."

(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.

<(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.

(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.

(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.

(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.

S.8 rep. with saving by 1955 c.24 (NI) ss.46, 47 sch 3