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Railway Companies Preliminary Act. 47 VIC. No. 5, 1884.

References to Acts.

Title of Act.

Extent of Repeal.

26 Vic. No. 7

26 Vic. No. 9

27 Vic. No. 3

27 Vic. No. 14

28 Vic. No. 18

28 Vic. No. 26

30 Vic. No. 13

30 Vic. No. 17

"An Act for the further amendment of The whole.
the process practice and mode of plead-
ing at law in the Supreme Court and
enlarging its jurisdiction in common
law proceedings"

"An Act to provide for an additional The whole.
judge of the Supreme Court"

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An Act to legalise preferable liens on The whole.
yearly crops"

An Act further to amend the consti- The whole.
tution of the Supreme Court of Queens-

land and further to provide for the

better administration of justice"

An Act to amend the laws affecting The whole.

trade and commerce"

An Act to provide for additional The whole.

members of the Legislative Assembly":

An Act to amend the law of evidence" The whole.
"An Act to amend the law respecting The whole.
the issuing of writs of summons and
capias in certain seaport towns in the

Colony of Queensland"

"An Act to amend the District Courts The whole.

Act of 1858"

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Repeal of

44 Vic. No. 20.

[THE RAILWAY COMPANIES PRELIMINARY ACT

REPEAL ACT OF 1884.]

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THE SETTLED

SETTLED LAND.

THE SETTLED LAND ACT OF 1886.

50 Vic. No. 13. An Act for Facilitating Sales, Leases, and other Dispositions of Settled Land, and for promoting the execution of Improvements thereon.*

LAND ACT
OF 1886.

PART I.PRELIMINARY. Division of Act into Parts.

[ASSENTED TO 30TH SEPTEMBER, 1886.] E it enacted by the Queen's Most Excellent Majesty, by and with

Assembly of Queensland, in Parliament assembled, and by the authority of the same, as follows:

PART I.-PRELIMINARY.

1. This Act is divided into Parts as follows:

PART I.-PRELIMINARY;

PART II.-DEFINITIONS;

See

See also

* Applications under this Act may be made in Chambers by originating summons. "The Rules of the Supreme Court of 1990" Order LXIV. r. 1 (5), title Practice. Order LXVII., same title.

As to powers of trustees under this Act, see also" The Trustees and Executors Act of 1897" (61 Vic. No. 10), s. 43, title Trustees and Executors. As to appointment, &c., of trustees under this Act, see same Act, s. 47.

Preamble repealed, 8 Edw. VII. No. 18, s. 2, title Acts.

1886.

Settled Land Act.

PART 1.-PRELIMINARY.

PART III.-POWERS OF TENANT FOR LIFE;

PART IV.-INVESTMENT OR OTHER APPLICATION OF CAPITAL TRUST

MONEY-IMPROVEMENTS;

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PART VII.-MISCELLANEOUS PROVISIONS;

PART VIII. SETTLEMENTS BY WAY OF TRUST FOR SALE;

PART IX.-APPLICATION OF ACT TO LAND HELD UNDER THE REAL
PROPERTY ACT OF 1861."

2. This Act may be cited as The Settled Land Act of 1886."

Short title.

PART II. DEFINITIONS.

PART II.DEFINITIONS.

3. (1) Any deed, will, agreement for a settlement, or other agreement, Definition of covenant to surrender, Act of Parliament, or other instrument, or any settlement. number of instruments, whether made or passed before or after, or c. 38, s. 2. partly before and partly after, the commencement of this Act, under or by virtue of which instrument or instruments any land, or any estate or interest in land, stands for the time being limited to or in trust for any persons by way of succession, or under or by virtue of which any persons are beneficially entitled in succession to any land or any estate or interest in land, is a settlement for the purposes of this Act, or creates such a settlement, and is in this Act referred to as a settlement, or as the settlement, as the case may be.

reversion.

(2) An estate or interest in remainder or reversion not disposed of Undisposed of by a settlement, and reverting to the settlor or descending to the remainder or testator's heir, is for the purposes of this Act an estate or interest coming to the settlor or heir under or by virtue of the settlement, and comprised in the subject of the settlement.

(3) Land, and any estate or interest therein, which is the subject Settled land. of a settlement, is for the purposes of this Act settled land, and is, in relation to the settlement, referred to in this Act as the settled land.

The determination of the question whether land is settled land, for the purposes of this Act, or not, is governed by the state of the facts, and the limitations of the settlement, at the time of the settlement taking effect.

tenant by

(4) For the purposes of this Act the estate of a tenant by the Estate of curtesy is to be deemed to be an estate arising under a settlement made by his wife, comprising the land of which he is tenant by the curtesy.

4. In this Act

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curtesy.
47 & 48 Vic.,
c. 18, s. 8.

"Income" includes rents and profits; and Possession" includes Income,
receipt of income;

possession. 45 & 46 Vio.,

c. 38, s. 2 (10).

fine.

Rent" includes yearly or other rent, and toll, duty, royalty, or Rent,
other reservation, by the acre, or the ton, or otherwise; and, payment,
in relation to rent, "Payment" includes delivery, and
"Fine" includes premium or fore-gift, and any payment, con-
sideration, or benefit in the nature of a fine, premium, or
fore-gift;

building

The term "Building purposes" includes the erecting and the Building improving of, and the adding to and the repairing of, build- purposes, ings; and a "Building Lease" is a lease for any building lease. purposes or purposes connected therewith;

PART II.

DEFINITIONS.

Mines and minerals,

mining

purposes,

mining lease.

Will.

Securities.
Court.

Tenant for life.

45 & 46 Vic.,

c. 38, 8. 2 (5).

Enumeration

of other

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The term "Mines and Minerals" means mines and minerals
whether already opened or in work, or not, and includes all
minerals and substances in, on, or under the land, obtain-
able by underground or by surface working; and the term
"Mining purposes" includes the sinking and searching for,
winning, working, getting, making merchantable, smelting
or otherwise converting or working for the purposes of any
manufacture, carrying away, and disposing of, mines and
minerals, in or under the settled land, or any other land, and
the erection of buildings, and the execution of engineering
and other works, suitable for those purposes; and a "Mining
Lease" is a lease for any mining purposes or purposes con-
nected therewith, and includes a grant or license for any
mining purposes;

"Will" includes a codicil, and any other testamentary instru-
ment, and a writing in the nature of a will;
'Securities" include stocks, funds, and shares;
"Court" means the Supreme Court of Queensland.

Tenant for life.

5. The person who is for the time being, under a settlement, beneficially entitled to possession of settled land for his life, is for the purposes of this Act the tenant for life of that land, and the tenant for life under that settlement.

If in any case there are two or more persons so entitled as tenants in common, or as joint tenants, or for other concurrent estates or interests, they together constitute the tenant for life for the purposes of this Act.

A person being tenant for life within the foregoing definitions shall be deemed to be such, notwithstanding that under the settlement or otherwise the settled land, or his estate or interest therein, is incumbered or charged in any manner or to any extent.

6. (1) Each person as follows shall, when the estate or interest of each of them is in possession, have the powers of a tenant for life under to have powers this Act, as if each of them were a tenant for life as defined in this Act,

limited owners

of tenant

for life.

45 & 46 Vic.,

c. 38, s. 58.

namely:

(a) A tenant in tail;

(b) A tenant in fee-simple with an executory limitation, gift, or disposition over, on failure of his issue, or in any other event;

(c) A person entitled to a base fee, although the reversion is in the Crown, and so that the exercise by him of his powers under this Act shall bind the Crown;

(d) A tenant for years determinable on life, not holding merely under a lease at a rent;

(e) A tenant for the life of another, not holding merely under a lease at a rent;

(f) A tenant for his own or any other life, or for years determinable on life, whose estate is liable to cease in any event during that life, whether by expiration of the estate, or by conditional limitation, or otherwise, or to be defeated by an executory limitation, gift, or disposition over, or is subject to a trust for accumulation of income for payment of debts or other purpose;

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