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SETTLED LAND ACT 1958
TABLE OF PROVISIONS
1. Short title, commencement and Division
Division 1--Introductory ss 3–7
Division 2--Settlements and Settled Land ss 8–11
Division 3--Tenants for Life and Persons with Powers of Tenant for Life ss 12–29
Division 4--Trustees of Settlement ss 30–37
Division 1--Sale Exchange and Partition ss 38–40
Division 2--Leasing Powers ss 41–43
Division 3--Provision as to Building and Mining Leases ss 44–47
Division 4--Miscellaneous Powers ss 48–65
Division 5--Provisions as to Special Classes of Property ss 66 and 67
Division 6--Dealings as between Tenants for Life and the Estate s. 68
Division 7--Incumbrances ss 69 and 70
Division 8--Raising of money s. 71
Division 9--Conveyances s. 72
2. Repeal and savings
PART I--GENERAL PRELIMINARY PROVISIONS
Division 1--Introductory
3. Definitions
4. Application of Act
5. Application of Act to land etc. under Transfer of Land Act
6. Limitation of powers of tenant for life and trustee
Division 2--Settlement and settled land
8. What constitutes a settlement
9. Exception of lands held on trust for sale[4]
10. What is settled land
11. Duration of settlements
Division 3--Tenants for life and persons with powers of tenant for life
12. Who is tenant for life
13. Joint tenants etc.
14. Tenants for life of undivided shares
15. Powers of tenant for life not affected by charges etc.[5]
16. Other limited owners having powers of tenant for life
17. Provisions applicable where interest in settled land is restored
18. Resettlement by way of restoration
19. Powers of trustee etc. when there is no tenant for life
20. Provision where tenant for life is sole trustee of settlement
21. As to a tenant for life who has parted with his interest
22. Tenant for life not to exercise powers while order under preceding section in force
23. When order may be made
24. Application of foregoing provisions to married woman[7]
25. Powers not affected by restraint on anticipation[8]
26. Trustees to exercise powers where tenant for life minor
27. Orders if tenant for life becomes a publicly represented person
29. Concurrence in case of undivided shares
Division 4--Trustees of settlement
30. Who are trustees for purposes of Act
31. As to trustees of compound settlements
32. As to trustees of referential settlements
33. Continuance of trustees in office
34. Title of person to whom disposition made unimpeachable in certain cases of compound settlements
35. Confirmation of dispositions made before commencement of this Act
36. Appointment of trustees by Court
37. Survivors etc. of persons appointed to be trustees of settlement
PART II--POWERS OF A TENANT FOR LIFE
Division 1--Sale, exchange and partition
38. Powers of sale and exchange
39. Regulations respecting sales
40. Regulations respecting exchanges and partitions
Division 2--Leasing powers
41. Power to lease for ordinary or building or mining or forestry purposes
42. Regulations respecting leases generally
43. Leasing powers for special objects
Division 3--Provisions as to building and mining leases
44. Regulations respecting building leases
45. Regulations respecting mining leases
46. Variation of building or mining lease according to circumstances of district
47. Capitalisation of part of mining rent
Division 4--Miscellaneous powers
48. Power on dispositions to impose restrictions and make reservations and stipulations
49. Sale subject to stipulation as to timber
50. Separate dealing with surface and minerals with or without wayleaves etc.
51. Reservation of undivided share in mines
52. Surrenders and regrants
53. Acceptance of leases
54. Power to grant water rights to statutory bodies
55. Power to grant land for public and charitable purposes
56. Dedication for streets, open spaces etc.
57. Power to compromise claims and release restrictions etc.
58. Power to release covenants etc.
59. Power to vary leases and grants and to give licences and consents
60. Powers to apportion rents
61. Provisions as to consideration
62. Definition
63. Power to complete predecessor's contracts
64. Tenant for life to effect any transaction under an order given by Court
65. Definitions
Division 5--Provisions as to special classes of property
66. Cutting and sale of timber and capitalisation of part of proceeds
67. Sale and purchase of heirlooms under order of Court
Division 6--Dealing as between tenants for life and the estate
68. Provision enabling dealings with tenant for life
Division 7--Incumbrances
69. Shifting of incumbrances
70. Power to vary provisions of an incumbrance and to charge by way of additional security
Division 8--Raising of money
71. Power to raise money by mortgage
Division 9--Conveyance
72. Completion of transactions by conveyance
PART III--INVESTMENT OR OTHER APPLICATION OF CAPITAL MONEY
73. Modes of investment of application
74. Power to acquire land subject to certain incumbrances
75. Regulations respecting investment, devolution and income of securities etc.
76. Application of money in court under this Act and other Acts
77. Application of money in hands of trustees under powers of settlement
78. Personal estate settled by reference to capital money or trusts
79. Application of money to be paid for lease or reversion
80. As to money received by way of damages for breach of covenant
81. As to capital arising otherwise than under the Act
82. Settlement of acquired land
PART IV--IMPROVEMENTS
83. Description of improvements authorized by Act
84. Mode of application of capital money
85. Creation of rent charges to discharge instalments
86. Concurrence in improvements
87. Court may order payment for improvements executed
88. Obligation on tenant for life and successors to maintain, insure etc.
89. Protection as regards waste in execution and repair of improvements
PART V--MISCELLANEOUS PROVISIONS
90. Power for tenant for life to enter into contracts
91. Provisions as to different estates settled upon the same limitations
92. Proceedings for protection or recovery of land settled or claimed as settled
93. Trustees not to withhold consent arbitrarily
PART VI--GENERAL PROVISIONS AS TO TRUSTEES
94. Number of trustees to act
95. Trustees' receipts
96. Protection of each trustee individually
97. Protection of trustees generally
98. Protection of trustees in particular cases
99. Trustees not liable where documents of title to land in possession of tenant for life
100. Trustee's reimbursements
101. Notice to trustees
102. Management of land during minority or pending contingency[23]
103. Application of last section
PART VII--RESTRICTIONS, SAVINGS, AND PROTECTION OF PURCHASERS
104. Powers not assignable and contract not to exercise powers void
105. Effect of surrender of life estate to the next remainder-man
106. Prohibition or limitation against exercise of powers void
107. Tenant for life trustee for all parties interested
108. Saving for and exercise of other powers
109. Saving for additional or larger powers under settlement
110. Protection of purchases etc.
111. Powers exercisable from time to time
112. Exercise of powers; limitation of provisions etc.
PART VIII--PROCEDURE
113. Application of Trustee Act 1958
114. Payment of costs out of settled property
FIRST SCHEDULE
SECOND SCHEDULE
ENDNOTES
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