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52 and 53 Vic., c. 36
Regulations respecting mining leases. 45 and 46 Vic., c. 38, s. 9
Settled Land Act
Building and Mining Leases
15. (1) Every building lease shall be made partly in consideration of the lessee, or some person by whose direction the lease is granted, or some other person, having erected, or agreeing to erect, buildings, new or additional, or having improved or repaired, or agreeing to improve or repair, buildings, or having executed, or agreeing to execute, on the land leased, an improvement authorised by this Act, for or in connection with building purposes, and may contain an option to be exercised at any time within an agreed number of years not exceeding ten, for the lessee to purchase the land leased at a price fixed at the time of the making of the lease, such price to be the best which, having regard to the rent reserved, can reasonably be obtained, and to be either a fixed sum of money or such a sum of money as shall be equal to a stated number of years' purchase of the highest rent reserved by the lease. Such price, when received, shall for all purposes be capital money arising under this Act.
(2) A peppercorn rent or a nominal or other rent less than the rent ultimately payable, may be made payable for the first five years, or any less part of the term.
(3) Where the land is contracted to be leased in lots, the entire amount of rent to be ultimately payable may be apportioned among the lots in any manner; save that
(a) The annual rent reserved by any lease shall not be less than ten shillings;
(b) The total amount of the rents reserved on all leases for the time being granted shall not be less than the total amount of the rents which, in order that the leases may be in conformity with this Act, ought to be reserved in respect of the whole land for the time being leased; and
(c) The rent reserved by any lease shall not exceed onefifth part of the full annual value of the land comprised in that lease with the buildings thereor when completed.
16. (1) In a mining lease
(a) The rent may be made to be ascertainable by or to vary according to the acreage worked, or by or according to the quantities of any mineral or substance gotten, made merchantable, converted, carried away, or disposed of, in or from the settled land, or any other land, or by or according to any facilities given in that behalf; and
(b) A fixed or minimum rent may be made payable, with
or without power for the lessee, in case the rent, according to acreage or quantity, in any specified period does not produce an amount equal to the fixed or minimum rent, to make up the deficiency in any subsequent specified period, free of rent other than the fixed or minimum rent.
(2) A mining lease may be made partly in consideration of the
Settled Land Act
lessee having executed, or his agreeing to execute, on the land leased, an improvement authorised by this Act, for or in connection with mining purposes.
17. In the case of a mining lease, whether the mines or minerals leased are already opened or in work or not, there shall, unless a contrary intention is expressed in the settlement, be from time to time set aside, as capital money arising under this Act, part of the rent as follows, namely, where the tenant for life is impeachable for waste in respect of minerals, three-fourth parts of the rent, and otherwise one-fourth part thereof, and in every such case the residue of the rent shall go as rents and profits.
18. The leasing power of a tenant for life extends to the making of
(a) A lease for giving effect to a contract entered into by any
(b) A lease for giving effect to a covenant of renewal, per-
(c) A lease for confirming, as far as may be, a previous lease,
19. (1) A tenant for life may accept, with or without consideration, a surrender of any lease of settled land, whether made under this Act or not, in respect of the whole land leased, or any part thereof, with or without an exception of all or any of the mines and minerals therein, or in respect of mines and minerals, or any of them.
(2) On a surrender of a lease in respect of part only of the land or mines and minerals leased, the rent may be apportioned.
(8) On a surrender, the tenant for life may make of the land, or mines and minerals surrendered, or of any part thereof, a new or other lease, or new or other leases in lots.
(4) A new or other lease may comprise additional land, or mines or minerals, and may reserve any apportioned or other rent.
(5) On a surrender, and the making of a new or other lease, whether for the same, or for any extended or other term, and whether or not subject to the same, or to any other covenants, provisions, or conditions, the value of the lessee's interest in the lease surrendered may be taken into account in the determination of the amount of the rent to be reserved, and of any fine to be taken, and of the nature of the covenants, provisions, and conditions to be inserted in the new or other lease.
(6) Every new or other lease shall be in conformity with
Restriction as to
Dedication of streets, open spaces, &c. 45 and 46 Vic., c. 38, s. 16
Settled Land Act
Mansion and Park
20. Notwithstanding anything in this Act, the principal mansion house on any settled land, and the demesnes thereof, and other lands usually occupied therewith, shall not be sold or leased by the tenant for life, without the consent of the trustees of the settlement, or an order of the Court.
Streets and Open Spaces
21. On or in connection with a sale for building purposes, or a building lease, the tenant for life, for the general benefit of the residents on the settled land, or on any part thereof
(a) May cause or require any parts of the settled land to be
appropriated and laid out for streets, roads, paths, squares, gardens, or other open spaces, for the use, gratuitously or on payment, of the public or of individuals, with sewers, drains, watercourses, fencing, paving, or other works necessary or proper in connection therewith;
(b) May provide that the parts so appropriated shall be conveyed
Surface and Minerals Apart
22. (1) A sale, exchange, partition, or mining lease, may be made either of land, with or without an exception or reservation of all or any of the mines and minerals therein, or of any mines and minerals, and in any such case with or without a grant or reservation of powers of working, way-leaves or rights of way, rights of water and drainage, and other powers, easements, rights, and privileges for or incident to or connected with mining purposes, in relation to the settled land, or any part thereof, or any other land.
(2) An exchange or partition may be made subject to and in consideration of the reservation of an undivided share in mines or minerals.
Settled Land Act
23. Where money is required for equality of exchange or partition, Mortgage for the tenant for life may raise the same on mortgage of the settled land, equality money, or of any part thereof, for conveyance of the fee-simple, or other 45 and 46 Vic., estate or interest the subject of the settlement, or by creation of a term of years in the settled land, or otherwise, and the money raised shall be capital money arising under this Act.
c. 38, s. 18
24. Where the settled land comprises an undivided share in land, or, under the settlement, the settled land has come to be held in undivided shares, the tenant for life of an undivided share may join or concur, in any manner and to any extent necessary or proper for any purpose of this Act, with any person entitled, to or having power or right of disposition of or over another undivided share.
25. (1) On a sale, exchange, partition, lease, mortgage, or charge, the tenant for life may, as regards land sold, given in exchange or on partition, leased, mortgaged, or charged, or intended so to be, including leasehold land vested in trustees, or as regards easements or other rights or privileges sold or leased, or intended so to be, convey or create the same by deed, for the estate or interest, the subject of the settlement, or for any less estate or interest, to the uses and in the manner requisite for giving effect to the sale, exchange, partition, lease, mortgage, or charge.
(2) Such a deed, to the extent and in the manner to and in which it is expressed or intended to operate and can operate under this Act, is effectual to pass the land conveyed, or the easements, rights, or privileges created, discharged from all the limitations, powers, and provisions of the settlement, and from all estates, interests, and charges subsisting or to arise thereunder, but subject to and with the exception of
(a) All estates, interests, and charges having priority to the
(b) All such other, if any, estates, interests and charges as
(c) All leases and grants at fee-farm rents or otherwise,
exercise of powers as to
undivided share. c. 38, s. 19
45 and 46 Vic,
Completion of sale, lease, &c., 45 and 46 Vic.,
c. 38, s. 20
Settled Land Act
26. (1) For the purposes and subject to the provisions of this Act, a tenant for life
(a) May contract to make any sale, exchange, partition, mortgage, or charge;
(b) May vary or rescind, with or without consideration, the contract, in the like cases and manner in which, if he were absolute owner of the settled land, he might lawfully vary or rescind the same, but so that the contract as varied be in conformity with this Act; and any such consideration, if paid in money, shall be capital money arising under this Act;
(c) May contract to make any lease; and in making the lease may vary the terms, with or without consideration, but so that the lease be in conformity with this Act;
(d) May accept a surrender of a contract for a lease, in like manner and on the like terms in and on which he might accept a surrender of a lease; and thereupon may make a new or other contract, or new or other contracts, for or relative to a lease or leases, in like manner and on the like terms in and on which he might make a new or other lease, or new or other leases, where a lease had been granted;
(e) May enter into a contract for or relating to the execution of any improvement authorised by this Act, and may vary or rescind the same; and
(f) May, in any other case, enter into a contract to do any act for carrying into effect any of the purposes of this Act, and may vary or rescind the same.
(2) Every such contract shall be binding on and shall enure for the benefit of the settled land, and shall be enforceable against and by every successor in title for the time being of the tenant for life, and may be carried into effect by any such successor; but so that it may be varied or rescinded by any such successor, in the like case and manner, if any, as if it had been made by himself.
(8) The Court may, on the application of the tenant for life, or of any such successor, or of any person interested in any contract, give directions respecting the enforcing, carrying into effect, varying, or rescinding thereof.
(4) Any preliminary contract under this Act for or relating to a lease shall not form part of the title or evidence of the title of any person to the lease, or to the benefit thereof.
Infants, Married Women, Lunatics
27. Where a tenant for life, or a person having the powers of a tenant for life under this Act, is an infant, or an infant would, if he were of full age, be a tenant for life, or have the powers of a tenant for life under this Act, the powers of a tenant for life under this Act