45 & 46 VICT. released on the occasion and in order to the completion of a sale, c. 38. exchange, or partition. (5.) Where a charge does not affect the whole of the settled land, then the land acquired shall not be subjected thereto, unless the land is acquired either by purchase with money arising from sale of land which was before the sale subject to the charge, or by an exchange or partition of land which, or an undivided share wherein, was before the exchange or partition subject to the charge. (6.) On land being so acquired, any person who, by the direction of the tenant for life, so conveys the land as to subject it to any charge, is not concerned to inquire whether or not it is proper that the land should be subjected to the charge. (7.) The provisions of this section referring to land extend and apply, as far as may be, to mines and minerals, and to easements, rights, and privileges over and in relation to land. IMPROVE MENTS. Improvements with Capital Trust Money. Description of VII.-IMPROVEMENTS. Improvements with Capital Trust Money. 25. Improvements authorized by this Act are the making or improvements execution on, or in connexion with, and for the benefit of settled authorized by Act. land, of any of the following works, or of any works for any of the following purposes, and any operation incident to or necessary or proper in the execution of any of those works, or necessary or proper for carrying into effect any of those purposes, or for securing the full benefit of any of those works or purposes (namely): (i.) Drainage, including the straightening, widening, or deepening of drains, streams, and watercourses: (ii.) Irrigation; warping: (iii.) Drains, pipes, and machinery for supply and distribution of sewage as manure : (iv.) Embanking or weiring from a river or lake, or from the sea, or a tidal water: (v.) Groynes; sea walls; defences against water: (vi.) Inclosing; straightening of fences; re-division of fields: (vii.) Reclamation; dry warping: (viii.) Farm roads; private roads; roads or streets in villages or towns: (ix.) Clearing; trenching; planting : (x.) Cottages for labourers, farm-servants, and artisans, employed on the settled land or not : (xi.) Farm-houses, offices, and out-buildings, and other buildings for farm purposes: (xii.) Saw-mills, scutch-mills, and other mills, water-wheels, engine-houses, and kilns, which will increase the value of the settled land for agricultural purposes or as woodland or otherwise : (xiii.) Reservoirs, tanks, conduits, watercourses, pipes, wells, ponds, shafts, dams, weirs, sluices, and other works and machinery for supply and distribution of water for agricultural, manufacturing, or other purposes, or for domestic or other consumption: (xiv.) Tramways; railways; canals; docks: (xv.) Jetties, piers, and landing places on rivers, lakes, the sea, or tidal waters, for facilitating transport of persons (xvi.) Markets and market-places: (xvii.) Streets, roads, paths, squares, gardens, or other open spaces for the use, gratuitously or on payment, of the public or of individuals, or for dedication to the public, the same being necessary or proper in connexion with the conversion of land into building land: (xviii.) Sewers, drains, watercourses, pipe-making, fencing, paving, brick-making, tile-making, and other works necessary or proper in connexion with any of the objects aforesaid: (xix.) Trial pits for mines, and other preliminary works necessary or proper in connexion with development of mines: (xx.) Reconstruction, enlargement, or improvement of any of those works. VOL. II. 3 F 45 & 46 VICT. c. 38. Improvements with Capital Trust Money. 45 & 46 VICT. c. 38. 26.-(1.) Where the tenant for life is desirous that capital money arising under this Act shall be applied in or towards payImprovements with Capital ment for an improvement authorized by this Act, he may submit Trust Money. for approval to the trustees of the settlement, or to the Court, as the case may require, a scheme for the execution of the improvement, showing the proposed expenditure thereon. Approval by Land Commissioners of scheme for improvement and payment thereon. improvements. (2.) Where the capital money to be expended is in the hands of trustees, then, after a scheme is approved by them, the trustees may apply that money in or towards payment for the whole or part of any work or operation comprised in the improvement, on— (i.) A certificate of the Land Commissioners certifying that the work or operation, or some specified part thereof, has been properly executed, and what amount is properly payable by the trustees in respect thereof, which certificate shall be conclusive in favour of the trustees as an authority and discharge for any payment made by them in pursuance thereof; or on (ii.) A like certificate of a competent engineer or able practical surveyor nominated by the trustees and approved by the Commissioners, or by the Court, which certificate shall be conclusive as aforesaid; or on (iii.) An order of the Court directing or authorizing the trustees to so apply a specified portion of the capital money. (3.) Where the capital money to be expended is in Court, then, after a scheme is approved by the Court, the Court may, if it thinks fit, on a report or certificate of the Commissioners, or of a competent engineer or able practical surveyor, approved by the Court, or on such other evidence as the Court thinks sufficient, make such order and give such directions as it thinks fit for the application of that money, or any part thereof, in or towards payment for the whole or part of any work or operation comprised in the improvement. Concurrence in 27. The tenant for life may join or concur with any other person interested in executing any improvement authorized by this Act, or in contributing to the cost thereof. Obligation on tenant for life 28.-(1.) The tenant for life, and each of his successors in and successors title having, under the settlement, a limited estate or interest. c. 38. Improvements with Capital Trust Money. to maintain, only in the settled land, shall, during such period, if any, as the 45 & 46 VICT. Land Commissioners by certificate in any case prescribe, maintain and repair, at his own expense, every improvement executed under the foregoing provisions of this Act, and where a building or work in its nature insurable against damage by fire is com- insure, &c. prised in the improvement, shall insure and keep insured the same, at his own expense, in such amount, if any, as the Commissioners by certificate in any case prescribe. (2.) The tenant for life, or any of his successors as aforesaid, shall not cut down or knowingly permit to be cut down, except in proper thinning, any trees planted as an improvement under the foregoing provisions of this Act. (3.) The tenant for life, and each of his successors as aforesaid, shall from time to time, if required by the Commissioners, on or without the suggestion of any person having, under the settlement, any estate or interest in the settled land in possession, remainder, or otherwise, report to the Commissioners the state of every improvement executed under this Act, and the fact and particulars of fire insurance, if any. (4.) The Commissioners may vary any certificate made by them under this section, in such manner or to such extent as circumstances appear to them to require, but not so as to increase the liabilities of the tenant for life, or any of his successors as aforesaid. (5.) If the tenant for life, or any of his successors as aforesaid, fails in any respect to comply with the requisitions of this section, or does any act in contravention thereof, any person having, under the settlement, any estate or interest in the settled land in possession, remainder, or reversion, shall have a right of action, in respect of that default or act, against the tenant for life; and the estate of the tenant for life, after his death, shall be liable to make good to the persons entitled under the settlement any damages occasioned by that default or act. Execution and Repair of Improvements. 29. The tenant for life, and each of his successors in title having, under the settlement, a limited estate or interest only in the settled land, and all persons employed by or under contract Execution and Repair of Im provements. Protection as regards waste in execution and repair of improvements. c. 38. Execution and provements. 45 & 46 VICT. with the tenant for life, or any such successor, may from time to time enter on the settled land, and, without impeachment of Repair of Im- waste by any remainderman or reversioner, thereon execute any improvement authorized by this Act, or inspect, maintain, and repair the same, and, for the purposes thereof, on the settled land, do, make, and use all acts, works, and conveniences proper for the execution, maintenance, repair, and use thereof, and get and work freestone, limestone, clay, sand, and other substances, and make tramways and other ways, and burn and make bricks, tiles, and other things, and cut down and use timber and other trees not planted or left standing for shelter or ornament. Improvement of Land Act, 1864. 30. The enumeration of improvements contained in section nine of the Improvement of Land Act, 1864, is hereby extended so as to comprise, subject and according to the provisions of that Act, but only as regards applications made to the Land Commissioners after the commencement of this Act, all improvements authorized by this Act. CONTRACTS. Power for tenant for life to enter into contracts. VIII.-CONTRACTS. 31.-(1.) A tenant for life (i.) May contract to make any sale, exchange, partition, mortgage, or charge; and (ii.) 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; and (iii.) May contract to make any lease; and in making the lease may vary the terms, with or without considera tion, but so that the lease be in conformity with this Act; and (iv.) May accept a surrender of a contract for a lease, in like manner and on the like terms in and on which he |