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Settled Land Act.
(g) A tenant in tail after possibility of issue extinct ;
(h) A tenant by the curtesy*;
(1) A person entitled to the income of land under a trust or direc-
(2) In every such case, the provisions of this Act referring to a tenant for life, either as conferring powers on him or otherwise, and to a settlement, and to settled land, shall extend to each of the persons aforesaid, and to the instrument under which his estate or interest arises, and to the land therein comprised.
(3) In any such case any reference in this Act to death as regards a tenant for life shall, where necessary, be deemed to refer to the determination by death or otherwise of such estate or interest as last aforesaid.
7. Where a person who is in his own right seised of or entitled in possession to land, or beneficially entitled to the whole interest in land, absolutely is an infant, then for the purposes of this Act the land is settled land, and the infant shall be deemed tenant for life thereof.
entitled to be
c. 38, s. 59.
45 & 46 Vic.. c. 38, s. 2 (8).
8. For the purposes of this Act the term "trustees of the settlement" Trustees means the persons, if any, who are for the time being under a settle- of the ment trustees of settled land with power of sale, or with power to consent to or approve of the exercise of such a power of sale, or if there are no such trustees under a settlement, then the persons, if any, for the time being who are by the settlement declared to be trustees thereof for the purposes of this Act, or if there are no such persons then the persons, if any, in whom the settled land is vested upon the trusts of
9. Capital money arising under this Act, and receivable for the trusts Capital money. and purposes of the settlement, is in this Act referred to as capital 5&6 Vic.. money arising under this Act.
c. 38, s. 2 (9).
c. 18, s. 4.
A fine received on the grant of a lease under any power conferred 47 & 48 Vic., by this Act is to be deemed capital money arising under this Act.
PART III.-POWERS OF TENANT FOR LIFE.
10. A tenant for life
(a) May sell the settled land, or any part thereof, or any ease- life to sell, &c.
(b) May make an exchange of the settled land, or any part
(c) Where the settlement comprises an undivided share in land,
The Intestacy Act of 1877" (41 Vic. No. 24), s. 28, title Succession.
c. 38. s. 3.
Transfer of incumbrances
on land sold, &c.
45 & 46 Vic., c. 38, s. 5.
Power of tenant for
life to lease
for ordinary or
building or mining purposes.
45 & 16 Vic..
c. 38, s. 6.
Regulations respecting leases
45 & 46 Vic.. c. 38, s. 7.
11. (1) Every sale shall be made at the best price that can reasonably be obtained.
(2) Every exchange and every partition shall be made for the best consideration in land, or in land and money, that can reasonably be obtained.
(3) A sale may be made in one lot or in several lots, and either by auction or by private contract.
(4) On a sale the tenant for life may fix reserve biddings and buy in at an auction.
(5) A sale, exchange, or partition may be made subject to any stipulations respecting title, or evidence of title, or other things.
(6) On a sale, exchange, or partition, any restriction or reservation with respect to
(a) Building on or other user of land, or
(b) Mines and minerals, or
(c) The more beneficial working of mines and minerals, or
may be imposed or reserved and made binding, as far as the law permits,
(7) Settled land in Queensland shall not be given in exchange for land out of Queensland.
12. Where on a sale, exchange, or partition there is an incumbrance affecting land sold or given in exchange or on partition, the tenant for life, with the consent of the incumbrancer, may charge that incumbrance on any other part of the settled land, whether already charged therewith or not, in exoneration of the part sold or so given, and may, by conveyance of the fee-simple, or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land, or otherwise, make provision accordingly.
13. A tenant for life may lease the settled land, or any part thereof, or any easement, right, or privilege of any kind, over or in relation to the same, for any purpose whatever, whether involving waste or not, for any term not exceeding
(a) In case of a building lease, thirty years;
(b) In case of a mining lease, twenty-one years;
(c) In case of any other lease, fourteen years.
14. (1) Every lease shall be made to take effect in possession not later than twelve months after its date.
(2) Every lease shall reserve the best rent that can reasonably be obtained, regard being had to any fine taken, and to any money laid out or to be laid out for the benefit of the settled land, and generally to the circumstances of the case.
(3) Every lease shall contain a covenant by the lessee for payment of the rent, and a condition of re-entry on the rent not being paid within a time therein specified not exceeding sixty days.
(4) A counterpart of every lease shall be executed by the lessee and delivered to the tenant for life; of which execution and delivery the execution of the lease by the tenant for life shall be sufficient evidence.
Settled Land Act.
(5) A statement contained in a lease or in an indorsement thereon, signed by the tenant for life, respecting any matter of fact or of calculation under this Act in relation to the lease, shall, in favour of the lessee and of those claiming under him, be sufficient evidence of the matter stated.
Building and Mining Leases.
15. (1) Every building lease shall be made partly in consideration of Regulations the lessee, or some person by whose direction the lease is granted, or building some other person, having erected, or agreeing to erect, buildings, new 45 & 46 Vic., or additional, or having improved or repaired, or agreeing to improve e. 38, s. 8. 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.
(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
(b) The total amount of the rents reserved on all leases for the
(c) The rent reserved by any lease shall not exceed one-fifth part
16. (1) In a mining lease
(a) The rent may be made to be ascertainable by or to vary
(b) A fixed or minimum rent may be made payable, with or
(2) A mining lease may be made partly in consideration of the lessee having executed, or his agreeing to execute, on the land leased, an improvement authorised by this Act, for or in connection with mining
mining leases. 45 & 46 Vic.,
c. 38. s. 9.
rent to be set
c. 38, s. 11.
17. In the case of a mining lease, whether the mines or minerals Part of mining 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 45 & 46 Vic.. 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 onefourth part thereof, and in every such case the residue of the rent shall go as rents and profits.
45 & 46 Vic.,
c. 38, s. 12.
Surrender and new grant of leases.
45 & 46 Vic., c. 38, s. 13.
Restriction as to mansion house,
45 & 46 Vic., c. 38, s. 15.
Dedication of streets, open
45 & 46 Vic., c. 38, s. 16
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 of his predecessors in title for making a lease, which, if made by the predecessor, would have been binding on the successors in title;
(b) A lease for giving effect to a covenant of renewal, performance whereof could be enforced against the owner for the time being of the settled land; and
(c) A lease for confirming, as far as may be, a previous lease, being void or voidable; but so that every lease, as and when confirmed, shall be such a lease as might at the date of the original lease have been lawfully granted under this Act, or otherwise as the case may require.
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.
(3) 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 and 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 this 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 connexion 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;
(6) May provide that the parts so appropriated shall be conveyed
(c) May execute any general or other deed necessary or proper
Surface and Minerals Apart.
22. (1) A sale, exchange, partition, or mining lease, may be made separate either of land, with or without an exception or reservation of all or any dealing with of the mines and minerals therein, or of any mines and minerals, and in minerals, with any such case with or without a grant or reservation of powers of work- way-leaves, &o. ing, wayleaves or rights of way, rights of water and drainage, and other 45 46 Vic., 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 01 minerals.
c. 38, s. 17.
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 or of any part thereof, by conveyance of the fee-simple, or other estate 45 & 6 Vic., or interest the subject of the settlement, or by creation of a term of c. 38, s. 18. years in the settled land, or otherwise, and the money raised shall b capital money arising under this Act.
powers as to
24. Where the settled land comprises an undivided share in land, or, Concurrence under the settlement, the settled land has come to be held in undivided in exercise of shares, the tenant for life of an undivided share may join or concur, in undivided any manner and to any extent necessary or proper for any purpose 5 & 46 Vic.. of this Act, with any person entitled to or having power or right of c. 38, s. 19. 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.
sale, lease, &o., by conveyance. 45 & 46 Vic., 0.38, s. 20