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SETTLED LAND ACT 1958


TABLE OF PROVISIONS

   1.      Short title, commencement and Division  
   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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