SETTLED LAND ACT 1958 - SECT 108 Saving for and exercise of other powers
SETTLED LAND ACT 1958 - SECT 108
Saving for and exercise of other powers(1) Nothing in this Act shall take away, abridge or prejudicially affect any power for the time being subsisting under a settlement, or by statute or otherwise, exercisable by a tenant for life, or by trustees with his consent, or on his request, or by his direction, or otherwise, and the powers given by this Act are cumulative.
(2) In case of conflict between the provisions of a settlement and the provisions of this Act, relative to any matter in respect whereof the tenant for life or statutory owner exercises or contracts or intends to exercise any power under this Act, the provisions of this Act shall prevail; and accordingly, notwithstanding anything in the settlement, the consent of the tenant for life or statutory owner [24] shall by virtue of this Part be necessary to the exercise by the trustees of the settlement or other persons of any power conferred by the settlement exercisable for any purpose provided for in this Act: Provided that where two or more persons constitute the tenant for life or statutory owner the consent of one only of such persons is to be deemed necessary for the exercise of any such power.
(3) If a question arises or a doubt is entertained respecting any matter within this section, the tenant for life, or statutory owner or the trustees of the settlement, or any other person interested, under the settlement may apply to the Court for its decision, opinion, advice or direction thereon, and the Court may make such order respecting the matter as the Court thinks fit.
No. 3771 s. 109.