Approval by Land Commissioners of scheme for improvement and payment thereon. (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 and of agricultural stock and produce, and of manure and other things required for agricultural purposes, and of minerals, and of things required for mining purposes: (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 (a): (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. See sect. 2, ante, p. 291, as to the meaning of the term settled land in the above section. 26.-(1.) Where the tenant for life is desirous that capital money arising under this Act shall be applied in or towards payment for an improvement authorized by this Act (b), he may submit 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. (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 (a) See sect. 16, ante, p. 318. (2) See scct. 25, above. as an authority and discharge for any payment made (ii.) A like certificate of a competent engineer or able practical (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. terms. See sect. 2, ante, pp. 291, 292, 294, as to the meaning Meaning of of the terms tenant for life, capital money arising under this Act, the trustees of the settlement, the Court, the Land Commissioners in the above section. provements. It will be observed that a tenant for life now (c) has Sale to raise power to sell part of the settled land (d) and have the money for improceeds of sale (e) applied in payment for any improvement authorized by this Act (f) upon the fulfilment of the conditions required by the above section. 27. The tenant for life may join or concur with any other Concurrence person interested in executing any improvement authorized by in improvethis Act (g), or in contributing to the costs thereof. ments. See sect. 2, ante, pp. 291, 294, as to the meaning of Meaning of the terms tenant for life, person in the above section. terms. 28.-(1.) The tenant for life, and each of his successors in Obligation on title (h) having, under the settlement, a limited estate or interest tenant for life only in the settled land, shall, during such period, if any, as the and successors Land Commissioners by certificate in any case prescribed, main- to maintain, tain and repair, at his own expense, every improvement exe- insure, &c. cuted under the foregoing provisions of this Act, and where a building or work in its nature insurable against damage by fire (c) See Wms. R. P. 31—34, as to the powers previously possessed by a tenant for life with regard to the improvement of his land. (d) Sect. 3, sub-sect. 1, ante, p. 295. (e) Ante, pp. 297, 298. (f) Sect. 21 (iii.), ante, p. 326. Meaning of terms. Protection as ments. is comprised 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. See sect. 2, ante, pp. 291, 294, as to the meaning of the terms tenant for life, the settlement, the settled land, the Land Commissioners, person in the above section. Execution and Repair of Improvements. 29. The tenant for life, and each of his successors in title (i) regards waste having, under the settlement, a limited estate or interest only in in execution the settled land, and all persons employed by or under contract and repair with the tenant for life, or any such successor, may from time of improve- to time enter on the settled land, and, without impeachment of 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. Meaning of terms. See sect. 2, ante, pp. 291, 294, as to the meaning of (i) See ante, p. 311. the terms tenant for life, the settlement, the settled land, person in the above section. Improvement of Land Act, 1864. 30. The enumeration of improvements contained in section Extension of nine of the Improvement of Land Act, 1864, is hereby extended 27 & 28 Vict. so as to comprise, subject and according to the provisions of c. 114, s. 9. that Act, but only as regards applications made to the Land Commissioners after the commencement of this Act, all improvements authorized by this Act. See sect. 2, ante, p. 294, as to the meaning of the term the Land Commissioners in the above section. VIII.-CONTRACTS. 31.-(1.) A tenant for life (i.) May contract to make any sale, exchange, partition, Power for mortgage, or charge; and tenant for life (ii.) May vary or rescind, with or without consideration, the to enter into contract, in the like cases and manner in which, if he contracts. 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 (k); and (iii.) 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; 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 might accept a surrender of a lease (7); 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; and (v.) May enter into a contract for or relating to the execution of any improvement authorized by this Act (m), and may vary or rescind the same; and (vi.) 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 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 (n), for the time being of the (k) See sects. 21—23, ante, pp. 325-328. (7) See sect. 13, ante, p. 312. (m) See sect. 25, ante, p. 329. 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. (3.) 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. See sect. 2, ante, pp. 291, 292, 294, as to the meaning of the terms tenant for life, the settled land, capital money arising under this Act, the Court in the above section. It is considered that any money paid in consideration of the varying of the terms or the acceptance of the surrender of a contract for a lease will, as a general rule, belong to the tenant for life (o). At the same time the tenant for life, in exercising any power under this Act, is in the position and has the duties and liabilities of a trustee for all parties entitled under the settlement(p). And it is presumed that he will not be permitted to profit by an exercise of any power conferred by sub-s. 1 (iii., iv.) of the above section to the prejudice of those entitled in remainder. IX.-MISCELLANEOUS PROVISIONS. 32. Where, under an Act incorporating or applying, wholly or in part, the Lands Clauses Consolidation Acts, 1845, 1860, and 1869, or under the Settled Estates Act, 1877, or under any other Act, public, local, personal, or private, money is at the commencement of this Act in Court, or is afterwards paid into Court, and is liable to be laid out in the purchase of land to be made subject to a settlement, then, in addition to any mode of dealing therewith authorized by the Act under which the money is in Court, that money may be invested or applied as capital money arising under this Act (9), on the like terms, if any, respecting costs and other things, as nearly as circumstances admit, and (notwithstanding anything in this Act) according to the same procedure, as if the modes of investment or application (0) See Earl Cowley v. Wellesley, L. R., 1 Eq. 656, 660. (p) Sect. 53, below. (2) See sects. 21—23, ante, pp. 325-328. |