45 & 46 VICT. c. 38. REPEALS. Repeal of enactments in schedule. (ii.) Capital money arising under this Act from the settled land shall not be applied in the purchase of land unless such application is authorized by the settlement in the case of capital money arising thereunder from sales or other dispositions of the settled land, but may, in addition to any other mode of application authorized by this Act, be applied in any mode in which capital money arising under the settlement from any such sale or other disposition is applicable thereunder, subject to any consent required or direction given by the settlement with respect to the application of trust money of the settlement. (iii.) Capital money arising under this Act from the settled land and the securities in which the same is invested, shall not for any purpose of disposition, transmission, or devolution, be considered as land unless the same would, if arising under the settlement from a sale or disposition of the settled land, have been so considered, and the same shall be held in trust for and shall go to the same persons successively in the same manner, and for and on the same estates, interests, and trusts as the same would have gone and been held if arising under the settlement from a sale or disposition of the settled land, and the income of such capital money and securities shall be paid or applied accordingly. (iv.) Land of whatever tenure acquired under this Act by purchase, or in exchange, or on partition, shall be conveyed to and vested in the trustees of the settlement, on the trusts, and subject to the powers and provisions which, under the settlement or by reason of the exercise of any power of appointment or charging therein contained, are subsisting with respect to the settled land, or would be so subsisting if the same had not been sold, or as near thereto as circumstances permit, but so as not to increase or multiply charges or powers of charging. XVI. REPEALS. 64.-(1.) The enactments described in the schedule to this Act are hereby repealed. c. 38. (2.) The repeal by this Act of any enactment shall not affect 45 & 46 VICT. any right accrued or obligation incurred thereunder before the commencement of this Act; nor shall the same affect the validity or invalidity, or any operation, effect, or consequence, of any instrument executed or made, or of anything done or suffered, or of any order made, before the commencement of this Act; nor shall the same affect any action, proceeding, or thing then pending or uncompleted; and every such action, proceeding, and thing may be carried on and completed as if there had been no such repeal in this Act. XVII.-IRELAND. IRELAND. respecting Ireland. 65.—(1.) In the application of this Act to Ireland the fore- Modifications going provisions shall be modified as in this section provided. (2.) The Court shall be Her Majesty's High Court of Justice in Ireland. (3.) All matters within the jurisdiction of that Court shall, subject to the Acts regulating that Court, be assigned to the Chancery Division of that Court; but General Rules under this Act for Ireland may direct that those matters or any of them be assigned to the Land Judges of that Division. (4.) Any deed inrolled under this Act shall be inrolled in the Record and Writ office of that Division. c. 57. (5.) General Rules for purposes of this Act for Ireland shall be deemed Rules of Court within the Supreme Court of Judica- 40 & 41 Vict. ture Act (Ireland), 1877, and may be made accordingly, at any time after the passing of this Act, to take effect on or after the commencement of this Act. (6.) The several Civil Bill Courts in Ireland shall, in addition to the jurisdiction possessed by them independently of this Act, have and exercise the power and authority exerciseable by the Court under this Act, in all proceedings where the property, the subject of the proceedings, does not exceed in capital value five hundred pounds, or in annual value thirty pounds. c. 56. (7.) The provisions of Part II. of the County Officers and 40 & 41 Vict. Courts (Ireland) Act, 1877, relative to the equitable jurisdiction of the Civil Bill Courts, shall apply to the jurisdiction exerciseable by those Courts under this Act. 45 & 46 VICT. c. 38. (8.) Rules and Orders for purposes of this Act, as far as it relates to the Civil Bill Courts, may be made at any time after the passing of this Act, to take effect on or after the commencement of this Act, in manner prescribed by section seventy-nine of the County Officers and Courts (Ireland) Act, 1877. (9.) The Commissioners of Public Works in Ireland shall be substituted for the Land Commissioners. (10.) The term for which a lease other than a building or mining lease may be granted shall be not exceeding thirty-five SETTLED LAND ACT, 1884. 47 & 48 VICT. c. 18. An Act to amend the Settled Land Act, 1882. [3rd July, 1884.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Settled Land Act, 1884. 47 & 48 VICT. c. 18. Short title. 2. The expression "the Act of 1882" used in this Act means Interpretation. the Settled Land Act, 1882. of Act. 3. The Act of 1882 and this Act are to be read and construed Construction together as one Act, and expressions used in this Act are to have the same meanings as those attached by the Act of 1882 to similar expressions used therein. to be capital 4. A fine received on the grant of a lease under any power Fine on a lease conferred by the Act of 1882 is to be deemed capital money money." arising under that Act. 5.-(1.) The notice required by section forty-five of the Act of 1882 of intention to make a sale, exchange, partition, or lease may be notice of a general intention in that behalf. (2.) The tenant for life is, upon request by a trustee of the settlement, to furnish to him such particulars and information as may reasonably be required by him from time to time with reference to sales, exchanges, partitions, or leases effected, or in progress, or immediately intended. (3.) Any trustee, by writing under his hand, may waive notice Notice under Act of 1882, s. 45, may, as to a sale, exchange, parti tion, or lease, be general. 47 & 48 VICT. either in any particular case, or generally, and may accept less than one month's notice. c. 18. As to consents of tenants for life. Powers given by s. 63 to be (4.) This section applies to a notice given before, as well as to a notice given after, the passing of this Act. (5.) Provided that a notice, to the sufficiency of which objection has been taken before the passing of this Act, is not made sufficient by virtue of this Act. 6.-(1.) In the case of a settlement within the meaning of section sixty-three of the Act of 1882, any consent not required by the terms of the settlement is not by force of anything contained in that Act to be deemed necessary to enable the trustees of the settlement, or any other person, to execute any of the trusts or powers created by the settlement. (2.) In the case of every other settlement, not within the meaning of section sixty-three of the Act of 1882, where two or more persons together constitute the tenant for life for the purposes of that Act, then, notwithstanding anything contained in sub-section (2) of section fifty-six of that Act, requiring the consent of all those persons, the consent of one only of those persons is by force of that section to be deemed necessary to the exercise by the trustees of the settlement, or by any other person, of any power conferred by the settlement exerciseable for any purpose provided for in that Act. (3.) This section applies to dealings before, as well as after, the passing of this Act. 7. With respect to the powers conferred by section sixtyexercised only three of the Act of 1882, the following provisions are to have with leave of the Court. effect: (i.) Those powers are not to be exercised without the leave of the Court. (ii.) The Court may by order, in any case in which it thinks fit, give leave to exercise all or any of those powers, and the order is to name the person or persons to whom leave is given. (iii.) The Court may from time to time rescind, or vary, any order made under this section, or may make any new or further order. (iv.) So long as an order under this section is in force, neither the trustees of the settlement, nor any person |