{"kind":"expression","expression":{"expr_id":"147","doc_id":"147","label":"1998 Revision","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/1964\/156\/eng@1998-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1964\/156\", \"expression\": \"\/akn\/ky\/act\/1964\/156\/eng@1998-01-01\", \"manifestation\": \"\/akn\/ky\/act\/1964\/156\/eng@1998-01-01.pdf\"}, \"pdf\": {\"md5\": \"2ebff16ef11a923d127eb3ceac8d4433\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1964\/1964-0156\/1964-0156_1998 Revision.pdf\", \"pages\": 38, \"filename\": \"1964-0156_1998 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 15380, \"paragraph_count\": 69, \"text_char_count\": 91605}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Settled Land Law SETTLED LAND LAW (1998 Revision) PART I - Introductory\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Settled Land Law (1998 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions and interpretation 2. (1) In this Law \u2014 \u201cbuilding purposes\u201d include the erecting and the improving of, the adding to and the repairing of buildings; and a \u201cbuilding lease\u201d is a lease for any building purpose or purposes connected therewith; \u201cCourt\u201d means the Grand Court; \u201cincome\u201d includes rents and profits; \u201cland\u201d includes incorporeal hereditaments, also an undivided share in land; \u201cmines and minerals\u201d mean mines and minerals whether already opened or in work or not, and include all minerals and substances (other than such minerals, mineral oil and substances as may be vested in the Crown) in, on or under the land, obtainable by underground or by surface working; and \u201cmining purposes\u201d include the sinking and searching for, winning, working, getting, making Settled Land Law 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; \u201cmining lease\u201d is a lease for any mining purposes or purposes connected therewith, and includes a grant or licence for any mining purposes; \u201cpossession\u201d includes receipt of income; \u201cRecord Office\u201d means the office of the Public Recorder; \u201crent\u201d includes yearly or other rent, and toll, duty, royalty or other reservation, by the acre or the ton or otherwise; and, in relation to rent, \u201cpayment\u201d includes delivery; and \u201cfine\u201d includes premium or fore-gift, and any payment, consideration or benefit in the nature of a fine, premium or fore-gift; \u201csecurities\u201d include stocks, funds, and shares; and \u201cwill\u201d includes codicil and other testamentary instrument, and a writing in the nature of a will. (2) Any deed, will or agreement for a settlement or other agreement, covenant to surrender, Act of the United Kingdom, law of the Islands or other instrument, or any number of instruments, 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, creates or is for purposes of this Law a settlement, and is in this Law referred to as a settlement, or as the settlement, as the case requires. (3) An estate or interest in remainder or reversion not disposed of by a settlement, and reverting to the settlor or descending to the testator\u2019s heir, is for purposes of this Law 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. (4) Land and any estate or interest therein, which is the subject of a settlement, is for purposes of this Law settled land, and is, in relation to the settlement, referred to in this Law as the settled land. (5) The determination of the question whether land is settled land, for purposes of this Law or not, is governed by the state of facts and the limitations of the settlement, at the time of the settlement taking effect. (6) Whoever is, for the time being, under a settlement, beneficially entitled to possession of settled land, for his life, is for purposes of this Law the tenant for life of that land and the tenant for life under that settlement. (7) If, in any case, there are two or more persons so entitled as tenants in common, as joint tenants or for other concurrent estates or interests, they together constitute the tenant for life for purposes of this Law. Settled Land Law (8) 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. (9) The persons, if any, who are for the time being, under a settlement, trustees with power of sale of settled land, or with power of consent to or approval of the exercise of such a power of sale, or if under a settlement there are no such trustees, then the persons, if any, for the time being, who are by the settlement declared to be trustees thereof for purposes of this Law, are for purposes of this Law trustees of the settlement. (10) Capital money arising under this Law and receivable for the trusts and purposes of the settlement is in this Law referred to as capital money arising under this Law. PART II - Sale, Exchange and Partition\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Powers of tenant for life to sell, etc. 3. A tenant for life \u2014 (a) may sell the settled land or any part thereof, or any easement, right or privilege of any kind, over or in relation to the same; (b) may make an exchange of the settled land or any part thereof, for other land, including an exchange in consideration of money paid for equality of exchange; and (c) where the settlement comprises an undivided share in land, or, under the settlement, the settled land has come to be held in undivided shares, may concur in making partition of the entirety, including a partition in consideration of money paid for equality of partition.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Exchanges 4. On any exchange or partition any easement, right or privilege of any kind may be reserved or may be granted over or in relation to the settled land or any part thereof. or other land or an easement, right or privilege of any kind may be given or taken in exchange or on partition for land or for any other easement, right or privilege of any kind.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Powers of tenant for life 5. A tenant for life may make any conveyance which is necessary or proper for giving effect to a contract entered into by a predecessor in title, and which if made by such predecessor would have been valid as against his successors in title. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Regulations respecting sale, exchange and partition 6. (1) Every sale shall be made at the best price that can reasonably be obtained. (2) Every exchange and 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 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 stipulation respecting title, evidence of title or other things. (6) On a sale, exchange or partition, any restriction or reservation with respect to building on or other user of land or with respect to mines and minerals, or with respect to or for the purpose of the more beneficial working thereof, or with respect to any other thing, may be imposed or reserved and made binding, as far as the Law permits, by convenant, conditions or otherwise, on the tenant for life and the settled land, or any part thereof, or on the other party and any land sold or given in exchange or on partition to him. (7) Settled land in the Islands shall not be given in exchange for land out of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Transfer of incumbrances on land sold, etc. 7. 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, 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. PART III - Leases\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Power for tenant for life to lease for ordinary, building or mining purposes 8. 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 \u2014 (a) in case of a building lease, ninety-nine years; (b) in case of a mining lease, sixty years; and (c) in case of any other lease, twenty-one years. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Leases 9. A lease for a term not exceeding twenty-one years at the best rent that can be reasonably obtained without fine, and whereby the lessee is not exempted from punishment for waste, may be made by a tenant for life \u2014 (a) notwithstanding that there may be no trustees of the settlement for the purposes of this Law; and (b) by writing under hand only, containing an agreement instead of a convenant by the lessee for payment of rent in cases where the term does not extent beyond three years from the date of the writing.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Regulations respecting leases generally 10. (1) Every lease shall be by deed, and 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 thirty days. (4) Every lease shall be executed by the lessor and the lessee, and shall be recorded in the Record Office within six months of its execution. (5) A statement, contained in a lease or in an indorsement thereof, signed by the tenant for life, respecting any matter of fact, or of calculation under this Law in relation to the lease, shall, in favour of the lessee and of those claiming under him, be sufficient evidence of the matter stated.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Regulations respecting building leases 11. (1) Every building lease shall be made partly in consideration of the lessee, some person by whose direction the lease is granted or some other person, having erected, or agreeing to erect, buildings, new or additional, or having improved or repaired, or agreeing to improve or repair buildings, or having executed, or agreeing to execute, on the land leased, an improvement authorised by this Law, 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 \u2014 (a) the annual rent reserved by any lease shall not be less than one dollar; Settled Land Law (b) the total amount of the rents reserved on all leases for the time being granted shall not be less than the total amount of the rents which, in order that the leases may be in conformity with this Law, ought to be reserved in respect of the whole land for the time being leased; and (c) the rent reserved by any lease shall not exceed twenty per cent part of the full annual value of the land comprised in that lease with the buildings thereon when completed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Regulations respecting mining leases 12. (1) In a mining lease \u2014 (a) the rent may be made to be ascertainable by or to vary according to the acreage worked, or by or according to the quantities of any mineral or substance gotten, made merchantable, converted, carried away or disposed of, in or from the settled land or any other land or by or according to any facilities given in that behalf; and (b) a fixed or minimum rent may be made payable, with or without power for the lessee, in case the rent, according to acreage or quantity, in any specified period does not produce an amount equal to the fixed or minimum rent, to make up the deficiency in any subsequent specified period, free of rent other than the fixed or minimum rent. (2) A 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 Law for or in connection with mining purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Variation of building or mining lease according to circumstances of district 13. (1) Where it is shown to the Court with respect to the district in which any settled land is situate, either \u2014 (a) that it is the custom for land therein to be leased or granted for building or mining purposes for a longer term or on other conditions than the term or conditions specified in that behalf in this Law, or in perpetuity; or (b) that it is difficult to make leases or grants for building or mining purposes of land therein, except for a longer term or on other conditions than the term and conditions specified in that behalf in this Law, or except in perpetuity, the Court may, if it thinks fit, authorise generally the tenant for life to make, from time to time, leases or grants of or affecting the settled land in that district, or parts thereof, for any term or in perpetuity, at fee-farm or other rents, secured by condition of re-entry, or otherwise, as in the order of the Court expressed, or may, if it thinks fit, authorise the tenant for life to make any such lease or grant in any particular case. Settled Land Law (2) Thereupon the tenant for life, and, subject to any direction in the order of the Court to the contrary, each of his successors in title being a tenant for life, or having the powers of a tenant for life under this Law, may make in any case, or in the particular case, a lease or grant of or affecting the settled land, or part thereof, in conformity with the order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Effect of grant for building purposes 14. (1) Where on a grant for building purposes by a tenant for life, the land is expressed to be conveyed in fee simple with or subject to a reservation thereout of a perpetual rent or rent-charge, the reservation shall operate to create a rent-charge in fee simple issuing out of the land conveyed and having incidental thereto all powers and remedies for recovery thereof conferred by subsections (2) to (6) and the rent-charge so created shall go and remain to the uses of the trusts and subject to the powers and provisions which, immediately before the conveyance, were subsisting with respect to the land out of which it is reserved. (2) Where a person is entitled to receive out of any land, or out of the income of any land, any annual sum, payable half-yearly or otherwise, whether charged on the land or on the income of the land, and whether by way of rent-charge or otherwise, not being rent incident to a reversion, then, subject and without prejudice to all estates, interests and rights having priority to the annual sum, the person entitled to receive the same shall have such remedies for recovering and compelling payment of the same as are described in this section, as far as those remedies might have been conferred by the instrument under which the annual sum arises, but not further. (3) If, at any time, the annual sum, or any part thereof, is unpaid for twenty-one days next after the time appointed for any payment in respect thereof, the person entitled to receive the annual sum may enter into and distrain on the land charged or any part thereof, and dispose according to law of any distress found, to the intent that thereby or otherwise the annual sum, all arrears thereof and all costs and expenses occasioned by non-payment thereof, may be fully paid. (4) If, at any time, the annual sum, or any part thereof, is unpaid for forty days next after the time appointed for any payment in respect thereof, then, although no legal demand has been made for payment thereof, the person entitled to receive the annual sum may enter into possession of and hold the land charged or any part thereof, and take the income thereof, until thereby or otherwise the annual sum and all arrears thereof due at the time of his entry, or afterwards becoming due during his continuance in possession, and all costs and expenses occasioned by non-payment of the annual sum, are fully paid; and such possession when taken shall be without impeachment of waste. (5) In the like case the person entitled to the annual charge whether taking possession or not, may also, by deed, demise the land charged, or any part thereof, to a trustee for a term of years, with or without impeachment of waste, Settled Land Law on trust by mortgage, sale or demise, for all or any part of the term, of the land charged, or of any part thereof, or by receipt of the income thereof, or by all or any of those means, or by any other reasonable means, to raise and pay the annual sum and all arrears thereof due or to become due, and all costs and expenses occasioned by non-payment of the annual sum or incurred in compelling or obtaining payment thereof, or otherwise relating thereto, including the costs of the preparation and execution of the deed of demise, and the costs of the execution of the trusts of that deed; and the surplus, if any, of the money raised, or of the income received, under the trusts of that deed shall be paid to the person for the time being entitled to the land therein comprised in reversion immediately expectant on the term thereby created. (6) Subsections (2) to (5) apply only if and as far as a contrary intention is not expressed in the instrument under which the annual sum arises, and shall have effect subject to the terms of that instrument, and to the provisions therein contained.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Part of mining rent to be set aside as capital 15. Under a mining lease, whether the mines or minerals leased are already opened or in work or not, unless a contrary intention is expressed in the settlement, there shall be, from time to time, set aside, as capital money arising under this Law, part of the rent as follows, namely, where the tenant for life is impeachable for waste in respect of minerals, seventy-five per cent of the rent, and otherwise twenty-five per cent thereof, and in every such case the residue of the rent shall go as rents and profits.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Leasing powers for special objects 16. The leasing power of a tenant for life extends to the making of \u2014 (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 Law or otherwise, as the case may require.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Surrender and new grant of leases 17. (1) A tenant for life may accept, with or without consideration, a surrender of any lease of settled land, whether made under this Law 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. Settled Land Law (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\u2019s 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 Law. PART IV - Sales, Leases and other Dispositions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Dedication for streets, open spaces, etc. 18. On or in connection with a sale or grant 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 \u2014 (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, water-courses, fencing, paving or other works necessary or proper in connection therewith; and (b) may provide that the parts so appropriated shall be conveyed to or vested in the trustees of the settlement or other trustees, any company or public body, on trusts or subject to provisions for securing the continued appropriation thereof to the purposes aforesaid, and the continued repair or maintenance of streets and other places and works aforesaid, with or without provision for appointment of new trustees when required; and (c) may execute any general or other deed necessary or proper for giving effect to this section (which deed shall be recorded in the Record Office), and thereby declare the mode, terms and conditions of the appropriation, and the manner in which and the persons by whom the benefit thereof is to be enjoyed, and the nature and extent of the privileges and conveniences granted. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Separate dealing with surface and minerals with or without way-leaves, etc. 19. (1) A sale, exchange, partition or mining lease may be made either of land, with or without an exception or reservation of all or any of the mines and minerals therein or of any mines and minerals, and in any such case with or without a grant or reservation of powers of working, way-leaves or rights of way, rights of water and drainage, and other 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 or minerals.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Mortgage for equality money, etc. 20. Where money is required for equality of exchange or partition, the tenant for life may raise the same on mortgage of the settled land, or of any part thereof, 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 lands or otherwise, and the money raised shall be capital money arising under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Raising of money 21. (1) Where money is required for the purpose of discharging an incumbrance on the settled land or part thereof, the tenant for life may raise the money so required and also the amount properly required for payment of the costs of the transaction on mortgage of the settled land, or of any part thereof, 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 any part thereof or otherwise, and the money so raised shall be capital money for that purpose and may be paid or applied accordingly. (2) An incumbrance for the purpose of subsection (1) shall not include any annual sum payable only during a life or lives or during a term of years absolute or determinable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Concurrence in exercise of powers as to undivided shares 22. Where the settled land comprises an undivided share in land, or, under the settlement, the settled land has come to be held in undivided shares, the tenant for life of an undivided share may join or concur in any manner and to any extent necessary or proper for any purpose of this Law, with any person entitled to or having power or right of disposition of or over another undivided share. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Completion of sale, lease, etc., by conveyance 23. (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. (2) Such a deed, to the extent and in the manner to and in which it is expressed or intended to operate and can operate under this Law, is effectual to pass the land conveyed, or the easements, rights or privileges created, discharged from all the limitations, powers and provisions of the settlement, and from all estates, interests and charges subsisting or to arise thereunder, but subject to and with the exception of \u2014 (a) all estates, interest and charges having priority to the settlement; (b) all such other, if any, estates, interests and charges as have been conveyed or created for securing money actually raised at the date of the deed; and (c) all leases and grants at fee-farm rents or otherwise, and all grants of easements, rights of common or other rights or privileges granted or made for value in money or money\u2019s worth, or agreed so to be, before the date of the deed, by the tenant for life, by any of his predecessors in title or by any trustees for him or them, under the settlement, or under any statutory power, or being otherwise binding on the successor\u2019s in title of the tenant for life. (3) Conveyances executed under this Law shall be recorded in the Record Office within six months of their execution. PART V - Investment or other Application of Capital Trust Money\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Capital money under Law; investment, etc., by trustees of Court 24. (1) A fine received on the grant of a lease under any power conferred by this Law is to be deemed capital money arising under this Law. (2) Capital money arising under this Law, subject to payment of claims properly payable thereout, and to application thereof for any special authorised object for which the same was raised, shall, when received, be invested or otherwise applied wholly in one, or partly in one and partly in another or others, of the following modes namely \u2014 Settled Land Law (a) in investment on Government securities of Great Britain or of the Islands, or on other securities on which the trustees of the settlement are by the settlement or by law authorised to invest trust money of the settlement, or on the security of the bonds, mortgages or debentures, or in the purchase of the debenture stock of any railway company in Great Britain or Ireland incorporated by special Act of Parliament, and having for ten years next before the date of investment paid a dividend on its ordinary stock or shares, with power to vary the investment into or for any other such securities; (b) in discharge, purchase or redemption of incumbrances affecting the inheritance of the settled land, or other the whole estate the subject of the settlement, or of property tax, Crown rent, chief rent or quit rent charged on or payable out of the settled land; (c) in payment for any improvement authorised by this Law; (d) in payment for equality of exchange or partition of settled land; (e) in purchase of the reversion or freehold in fee of any part of the settled land, being leasehold and held for years or life, or years determinable on life; (f) in purchase of land in fee simple or of leasehold land held for sixty years or more unexpired at the time of purchase, subject or not to any exception or reservation of or in respect of mines or minerals therein, or of or in respect of rights or powers relative to the working of mines or minerals therein, or in other land; (g) in purchase, either in fee simple, or for a term of sixty years or more, of mines and minerals convenient to be held or worked with the settled land, or of any easement, right or privilege convenient to be held with the settled land for mining or other purposes; in payment to any person becoming absolutely entitled or empowered to give an absolute discharge; in payment of costs, charges, and expenses of or incidental to the exercise of any of the powers, or the execution of any of the provisions of this Law; in any other mode in which money produced by the exercise of a power of sale in the settlement is applicable thereunder.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Regulations respecting investment, devolution and income of securities, etc. 25. (1) Capital money arising under this Law shall, in order to its being invested or applied as aforesaid, be paid either to the trustees of the settlement or into Court, at the option of the tenant for life, and shall be invested or applied by the trustees, or under the direction of the Court, as the case may be, accordingly. (2) The investment or other application by the trustees shall be made according to the direction of the tenant for life, and, in default thereof, according to the Settled Land Law discretion of the trustees, but in the last mentioned case subject to any consent required or direction given by the settlement with respect to the investment or other application by the trustees of trust money of the settlement, and any investment shall be in the names or under the control of the trustees. (3) The investment or other application under the direction of the Court shall be made on the application of the tenant for life or of the trustees. (4) Any investment or other application shall not, during the life of the tenant for life, be altered without his consent. (5) Capital money arising under this Law while remaining uninvested or unapplied, and securities on which an investment of any such capital money is made, shall, for all purposes of disposition, transmission and devolution, be considered as land, and the same shall be held for and go to the same person successively, in the same manner and for and on the same estates, interests and trusts as the land wherefrom the money arises would, if not disposed of, have been held and have gone under the settlement. (6) The income of those securities shall be paid or applied as the income of that land, if not disposed of, would have been payable or applicable under the settlement. (7) Those securities may be converted into money, which shall be capital money arising under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Investment in land in the Islands 26. Capital money arising under this Law from settled land in the Islands shall not be applied in the purchase of land out of the Islands, unless the settlement expressly authorises the same.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Settlement of land purchased, taken in exchange, etc. 27. (1) Land acquired by purchase, in exchange or on partition, shall be made subject to the settlement in manner directed in this section. (2) Freehold land shall be conveyed to the uses, on the trusts, and subject to the powers and provisions which, under the settlement, or by reason of the exercise of any power of charging therein contained, are subsisting with respect to the settled land, or as near thereto as circumstances permit, but not so as to increase or multiply charges or powers of charging. (3) Leasehold land shall be conveyed to and vested in the trustees of the settlement, on trusts and subject to powers and provisions corresponding as nearly as the law and circumstances permit, with the uses, trusts, powers and provisions to, on and subject to which freehold land is to be conveyed as aforesaid; so nevertheless that the beneficial interest in land held by lease for years shall not vest absolutely in a person who is by the settlement made by purchase tenant in tail, in tail male or in tail female, and who dies under the age of twenty-one Settled Land Law years, but shall, on the death of that person under that age, go as freehold land conveyed as aforesaid would go. (4) Land acquired as aforesaid may be made a substituted security for any charge in respect of money actually raised, and remaining unpaid, from which the settled land, any part thereof or any undivided share therein, has theretofore been released on the occasion and in order to the completion of a sale, 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 such 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Dealings as between tenant for life and the estate 28. Where a sale of settled land is to be made to the tenant for life, or a purchase is to be made from him of land to be made subject to the limitations of the settlement, or an exchange is to be made with him of settled land for other land, or a partition is to be made with him of land an undivided share whereof is subject to the limitations of the settlement, the trustees of the settlement shall stand in the place of and represent the tenant for life, and shall, in addition to their powers as trustees, have all the powers of the tenant for life for the purpose of reference to negotiating and completing the transaction. PART VI - Improvements\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Description of improvements authorised by law 29. Improvements authorised by this Law are the making or execution on, or in connection with, and for the benefit of settled 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 \u2014 (a) drainage, including the straightening, widening or deepening of drains, streams and water-courses; Settled Land Law (b) irrigation and warping; (c) drains, pipes and machinery for supply and distribution of sewage as manure; (d) embanking or weiring from a river or lake, or from the sea or a tidal water; (e) groynes; sea walls; defences against water; (f) inclosing; straightening of fences; re-division of fields; (g) reclamation; dry warping; (h) farm and plantation roads; private roads, roads or streets in villages or towns; (i) clearing; trenching; planting; (j) cottages for labourers, farm and plantation servants, and artisans, employed on the settled land or not; (k) plantation buildings, farm houses, offices and outbuildings and other buildings, for plantation and farm purposes; (l) saw-mills, scutch-mills, sugar mills, coffee mills and other mills, waterwheels, engine-houses and kilns, which will increase the value of the settled land for agricultural purposes or as sugar and rum works or coffee or other works, or as woodland or otherwise; (m) 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; (n) tramways, railways, canals and docks; (o) 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; (p) markets and market-places; (q) 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 connection with the conversion of land into building land; (r) sewers, drains, watercourses, pipe-making, fencing, paving, brick-making, tile-making and other works necessary or proper in connection with any of the objects aforesaid; (s) trial pits for mines, and other preliminary works necessary or proper in connection with development of mines; (t) reconstruction, enlargement or improvement of any of those works; Settled Land Law (u) bridges; (v) additions to or alterations in buildings reasonably necessary or proper to enable the same to be let; and (w) erection of buildings in substitution for buildings within an urban sanitary district taken by a local or other public authority, or for buildings taken under compulsory powers, but so that no more money shall be expended than the amount received for the buildings taken and the site thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Approval by Court of scheme for improvement and payment thereon 30. (1) Where the tenant for life is desirous that capital money arising under this Law shall be applied in or towards payment for any improvement authorised by this Law, 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 \u2014 (a) a certificate of a competent engineer, practical surveyor or builder nominated by the trustees and approved of by the Court, 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 (b) an order of the Court directing or authorising 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 a competent engineer or able practical surveyor or builder, 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Concurrence in improvements 31. The tenant for life may join or concur with any other person interested in executing any improvement authorised by this Law, or in contributing to the cost thereof. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Obligation on tenant for life and successors to maintain, insure, etc. 32. (1) 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, shall, during such period, if any, as the Court in any case may order, maintain and repair, at his own expense, every improvement executed under the foregoing provisions of this Law, and where a building or work in its nature insurable against damage by fire is comprised in the improvement, shall insure and keep insured the same, at his own expense, in such amount, if any, as the Court may order. (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 Law. (3) The tenant for life, and each of his successors as aforesaid, shall, from time to time, if required by the Court 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 Court the state of every improvement executed under this Law, and the fact and particulars of fire insurance, if any, by filing in the Court a suggestion thereof. (4) The Court may vary any certificate made under this section, in such manner or to such extent as circumstances appear 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Payment out of Court of capital money 33. All or any part of any capital money paid into Court may, if the Court thinks fit, be at any time paid out to the trustees of the settlement for the purposes of this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Court may order payment for improvements executed 34. The Court may, in any case where it appears proper, make an order directing or authorising capital money to be applied in or towards payment for any improvement authorised by this Law notwithstanding that a scheme was not, before the execution of the improvement, submitted for approval, as required by this Law. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Protection as regards waste in execution and repair of improvements 35. 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 with the tenant for life, or any such successor, may, from time to time, enter on the settled land, and, without impeachment of waste by any remainder man or reversioner thereon execute any improvement authorised by this Law, 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"What included 36. Improvement of or to land shall include the \u2014 (a) drainage of land, and the straightening, widening, deepening or otherwise improving the drains, streams and watercourses of any kind; (b) irrigation and warping of land; (c) embanking and weiring of land from the sea or tidal waters, or from lakes, rivers or streams, in a permanent manner; (d) inclosing of lands, the making of dividing fences and the straightening of fences and re-division of fields and the surveying and running of lines; (e) reclamation of land, including all operations necessary thereto; (f) making of permanent plantation and farm roads and permanent tramways and railways and navigable canals for all purposes connected with the improvement of the estate; (g) clearing of land; (h) erection of labourers\u2019 cottages, plantation and farmhouses, and other buildings required for plantation and farm purposes, and the improvement of and addition to labourers\u2019 cottages, works, houses and other buildings for plantation and farm purposes already erected so as such improvements or additions are of a permanent nature; (i) planting for shelter; (j) constructing or erecting of any engine-houses, stills, waterwheels, sugar, coffee, saw and other mills, kilns, shafts, wells, ponds, tanks, reservoirs, dams, leads, pipes, conduits, watercourses, bridges, weirs, sluices, floodgates or hatches, which will increase the value of any lands for agricultural purposes, or for the manufacture of agricultural products; (k) construction or improvement of jetties or landing places on the sea coast, or on the banks of navigable rivers or lakes, for the transport of cattle, Settled Land Law sheep and other agricultural stock and produce, and of lime, manure and other articles and things for agricultural purposes: Provided that the Court shall be satisfied that such works will add to the permanent value of the lands to be charged to an extent equal to the expense thereof; and (l) the execution of all such works as in the judgment of the Court may be necessary for carrying into effect any matter hereinbefore mentioned, or for deriving the full benefit thereof. PART VII - Contracts\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Power of tenant for life to enter into contracts 37. (1) A tenant for life may \u2014 (a) contract to make any sale, exchange, partition, mortgage or charge; (b) 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 Law; and any such consideration, if paid in money, shall be capital money arising under the Law; (c) 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 Law; (d) accept a surrender of a contract for lease, in like manner and on the like terms in and on which he might accept a surrender of a lease; 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; (e) enter into a contract for or relating to the execution of any improvement authorised by this Law, and may vary or rescind the same; and (f) in any other case, enter into a contract to do any act for carrying into effect any of the purposes of this Law, and may vary or rescind the same. (2) Every contract shall be binding on, enure for the benefit of the settled land and be enforceable against and by every successor in title for the time being of the tenant for life, and may be carried into effect by any such successor; but so that it may be varied or rescinded by any successor in the like case and manner, if any, as if it had been made by himself. Settled Land Law (3) The Court may, on the application of the tenant for life, 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 Law 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 the benefit thereof. PART VIII - Miscellaneous Provisions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Application of money in Court under other laws 38. Where, under any Law public, local, personal or private, money is in Court, or is 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 authorised by the law under which the money is in Court, that money may be invested or applied as capital money arising under this Law, on the like terms, if any, respecting costs and other things, as nearly as circumstances admit, and notwithstanding anything in this Law according to the same procedure, as if the modes of investment or application authorised by this Law were authorised by the law under which the money is in Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Application of money in hands of trustees under powers of settlement 39. Where, under a settlement, money is in the hands of trustees, and is liable to be laid out in the purchase of land to be made subject to the settlement, then, in addition to such powers of dealing wherewith as the trustees have independently of this Law, they may, at the option of the tenant for life, invest or apply the same as capital money arising under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Application of money paid for lease or reversion 40. Where capital money arising under this Law is purchase money paid in respect of a lease for years, or life, or years determinable on life, or in respect of any other estate or interest in land less than the fee simple, or in respect of a reversion dependent on any such lease, estate or interest, the trustees of the settlement or the Court, as the case may be, and, in the case of the Court, on the application of any party interested in that money, may, notwithstanding anything in this Law, require and cause the same to be laid out, invested, accumulated and paid in such manner as, in the judgment of the trustees or of the Court, as the case may be, will give to the parties interested in that money, the like benefit therefrom as they might lawfully have had from the lease, estate, interest or reversion in respect whereof the money was paid, or as near thereto as may be. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Cutting and sale of timber and part of proceeds to be set aside 41. (1) Where a tenant for life is impeachable for waste in respect of timber, and there is on the settled land timber ripe and fit for cutting, the tenant or life, on obtaining the consent of the trustees of the settlement or an order of the Court, may cut and sell that timber, or any part thereof. (2) Seventy-five per cent of the net proceeds of the sale shall be set aside as and be capital money arising under this Law, and the other twenty-five per cent shall go as rents and profits.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Proceeding for protection or recovery of land settled or claimed to be settled 42. The Court may, if it thinks fit, approve of any action, defence, petition to the Legislature, legislative opposition or other proceeding taken or proposed to be taken for protection of settled land or of any action or proceeding taken or proposed to be taken for recovery of land being or alleged to be subject to a settlement, and may direct that any costs, charges or expenses incurred or to be incurred in relation thereto, or any part thereof, be paid out of property subject to the settlement.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Heirlooms 43. (1) Where personal chattels are settled on trust so as to devolve with land until a tenant in tail by purchase is born or attains the age of twenty-one years, or so as otherwise to vest in some person becoming entitled to an estate of freehold of inheritance in the land, a tenant for life of the land may sell the chattels or any of them. (2) The money arising by the sale shall be capital money arising under this Law, and shall be paid, invested, applied and otherwise dealt with in like manner in all respects as by this Law directed with respect to other capital money arising under this Law, or may be invested in the purchase of other chattels, of the same or any other nature, which, when purchased, shall be settled and held on the same trusts, and shall devolve in the same manner as the chattels sold. (3) A sale or purchase of chattels under this section shall not be made without an order of the Court. Settled Land Law PART IX - Trustees\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Appointment of trustees by Court 44. (1) If, at any time, there are no trustees of a settlement within the definition in this Law, or where in any other case it is expedient, for purposes of this Law, that new trustees of a settlement be appointed, the Court may, if it thinks fit, on the application of the tenant for life or of any other person having, under the settlement, an estate or interest in the settled land, in possession, remainder or otherwise, or, in the case of an infant, of his testamentary or other guardian or next friend, appoint fit persons to be trustees under the settlement for purposes of this Law. (2) The persons so appointed, and the survivors and survivor of them, while continuing to be trustees or trustee, and, until the appointment of new trustees, the personal representatives or representative for the time being of the last surviving or continuing trustee, shall, for the purposes of this Law, become and be the trustees or trustee of the settlement.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Trustees for the purposes of this Law 45. Where there are for the time being no trustees of the settlement within the meaning and for the purposes of this Law, then the following persons shall, for the purposes of this Law, be deemed trustees of the settlement, namely \u2014 (a) the persons, if any, who are for the time being under the settlement trustees, with power of or upon trust for sale of any other land comprised in the settlement and subject to the same limitations as the land to be sold, or with power to consent or to approve of the exercise of such power of sale, or, if there be no such persons; then (b) the persons, if any, who are for the time being under the settlement trustees with future power of sale, or under a future trust for sale of the land to be sold, or with power to consent to or approve of the exercise of such future power of sale, and whether the power or trust takes effect in all events or not.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Number of trustees to act 46. (1) Notwithstanding anything in this Law, capital money arising under this Law shall not be paid to fewer than two persons as trustees of a settlement, unless the settlement authorises the receipt of capital trust money of the settlement by one trustee. (2) Subject thereto, the provisions of this Law referring to the trustees of a settlement apply to the surviving or continuing trustees or trustee of the settlement for the time being. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Trustees\u2019 receipts 47. The receipt or direction in writing of or by the trustees of the settlement, or where one trustee is empowered to act, of or by that trustee, or of or by the personal representatives of the last surviving or continuing trustee, for or relating to any money or securities, paid or transferred to or by the direction of the trustees, trustee or representatives, as the case may be, effectually discharges the payer or transferor therefrom, and from being bound to see to the application or being answerable for any loss or misapplication thereof, and, in case of a mortgagee or other person advancing money, from being concerned to see that any money advanced by him is wanted for any purpose of this Law, or that no more than is wanted is raised.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Protection of each trustee individually 48. Each person who is for the time being trustee of a settlement is answerable for what he actually receives only, notwithstanding his signing any receipt for conformity, and in respect of his own acts, receipts and defaults only, and is not answerable in respect of those of any other trustee, or of any banker, broker or other person, or for the insufficiency or deficiency of any sureties, or for any loss not happening through his own wilful default.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Protection of trustees generally 49. The trustees of a settlement, or any of them, are not liable for giving any consent, or for not making, bringing, taking or doing any such application, action, proceeding or thing, as they might make, bring, take or do; and in case of purchase of land with capital money arising under this Law, or of an exchange, partition or lease, are not liable for adopting any contract made by the tenant for life, or bound to inquire as to the propriety of the purchase, exchange, partition or lease, or answerable as regards any price, consideration or fine, and are not liable to see to or answerable for the investigation of the title, or answerable for a conveyance of land, if the conveyance purports to convey the land in the proper mode, or liable in respect of purchase money paid by them by direction of the tenant for life to any person joining in the conveyance as a conveying party, or as giving a receipt for the purchase money, or in any other character, or in respect of any other money paid by them by direction of the tenant for life on the purchase, exchange, partition or lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Trustees\u2019 reimbursement 50. The trustees of a settlement may reimburse themselves or pay and discharge out of the trust property all expenses properly incurred by them. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Reference of differences to Court 51. If, at any time, a difference arises between a tenant for life and the trustees of the settlement respecting the exercise of any of the powers of this Law, or respecting any matter relating thereto, the Court may, on the application of either party, give such directions respecting the matter in difference and respecting the costs of the application as the Court thinks fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Notice to trustees 52. (1) A tenant for life, when intending to make a sale, exchange, partition, lease, mortgage or charge shall give notice of his intention in that behalf to each of the trustees of the settlement, by posting registered letters, containing the notice, addressed to the trustees, severally, each at his usual or last known place of abode in the Islands, and shall give like notice to the attorney-at-law for the trustees, if any such attorney-at-law is known to the tenant for life, by posting a registered letter containing the notice, addressed to the attorney-at-law at his place of business in the Islands, every letter under this section being posted not less than one month before the making by the tenant for life of the sale, exchange, partition, lease, mortgage or charge, or of a contract for the same. The notice by this section required may be a notice of a general intention in that behalf. (2) Provided that at the date of notice given the number of trustees shall not be less than two, unless a contrary intention is expressed in the settlement. (3) A person dealing in good faith with the tenant for life is not concerned to inquire respecting the giving of any such notice as is required by this section. (4) 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. (5) Any trustee, by writing under his hand, may waive notice either in any particular case, or generally, and may accept less than one months\u2019 notice. PART X - Court and Procedure\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Regulations respecting payments into Court, applications, etc. 53. (1) All matters within the jurisdiction of the Court under this Law shall be subject to the laws regulating the Court, and to the practice of the Court. (2) Payment of money into Court effectually exonerates therefrom the person making the payment. (3) Every application to the Court shall be by petition, or by summons at Chambers. Settled Land Law (4) On an application by the trustees of a settlement notice shall be served in the first instance on the tenant for life. (5) On any application, notice shall be served on such persons, if any, as the Court thinks fit. (6) The Court shall have full power and discretion to make such order as it thinks fit respecting the costs, charges or expenses of all or any of the parties to any application, and may, if it thinks fit, order that all or any of those costs, charges, or expenses be paid out of property subject to the settlement. (7) General Rules for purposes of this Law shall be deemed Rules of Court within section 19 of the Grand Court Law (1995 Revision), and may be made accordingly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Payment of costs out of settled property 54. Where the Court directs that any costs, charges, or expenses be paid out of property subject to a settlement, the same shall, subject and according to the directions of the Court, be raised and paid out of capital money arising under this Law, or other money liable to be laid out in the purchase of land to be made subject to the settlement, or out of investments representing such money, or out of income of any such money or investments, or out of any accumulations of income of land, money or investments or by means of a sale of part of the settled land in respect whereof the costs, charges or expenses are incurred, or of other settled land comprised in the same settlement and subject to the same limitations, or by means of a mortgage of the settled land or any part thereof, to be made by such person as the Court directs, and either by conveyance of the fee simple or other estate or interest the subject of the settlement, or by creation of a term, or otherwise, or by means of a charge on the settled land or any part thereof, or partly in one of those modes and partly in another or others, or in any such other mode as the Court thinks fit. PART XI - Restrictions, Savings and General Provisions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Powers not assignable; contract not to exercise powers void 55. (1) The powers under this Law of a tenant for life are not capable of assignment or release, and do not pass to a person as being, by operation of law or otherwise, an assignee of a tenant for life, and remain exercisable by the tenant for life after and notwithstanding any assignment, by operation of law or otherwise, of his estate or interest under the settlement. (2) A contract by a tenant for life not to exercise any of his powers under this Law is void. (3) This section shall operate without prejudice to the rights of any person being an assignee for value by instrument duly recorded in the Record Office of the estate Settled Land Law or interest of the tenant for life; and in that case the assignee\u2019s rights shall not be affected without his consent, except that, unless the assignee is actually in possession of the settled land or part thereof, his consent shall not be requisite for the making of leases thereof by the tenant for life, provided the leases are made at the best rent that can reasonably be obtained without fine, and in other respects are in conformity with this Law. (4) This section extends to assignments made or coming into operation before or after and to acts done before or after the commencement of this Law; and in this section assignment includes assignment by way of mortgage, and any partial or qualified assignment, and any charge or incumbrance; and assignee has a meaning corresponding with that of assignment. (5) Every instrument whereby a tenant for life, in consideration of marriage or as part or by way of any family arrangement, not being a security for payment of money advanced, makes an assignment of or creates a charge upon his estate or interest under the settlement shall be deemed one of the instruments creating the settlement, and not an instrument vesting in any person any right as assignee for value within the meaning or operation of this section. (6) Subsection (5) shall apply and have effect with respect to every disposition unless inconsistent with the nature or terms of such disposition.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Prohibition or limitation against exercise of powers void 56. (1) If in a settlement, will, assurance or other instrument a provision is inserted purporting or attempting, by way of direction, declaration or otherwise, to forbid a tenant for life to exercise any power under this Law, or attempting, or tending, or intended, by a limitation, gift or disposition over of settled land, or by a limitation, gift or disposition of other real or any personal property, or by the imposition of any condition, or by forfeiture, or in any other manner whatever, to prohibit or prevent him from exercising, or to induce him to abstain from exercising, or to put him into a position inconsistent with his exercising, any power under this Law, that provision, as far as it purports, or attempts or tends, or is intended to have, or would or might have, the operation aforesaid, shall be deemed to be void. (2) For the purposes of subsection (1) an estate or interest limited to continue so long only as a person abstains from exercising any power shall be and take effect as an estate or interest to continue for the period for which it would continue if that person were to abstain from exercising the power, discharged from liability to determination or cesser by or on his exercising the same.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Provision against forfeiture 57. Notwithstanding anything in a settlement, the exercise by the tenant for life of any power under this Law shall not occasion a forfeiture. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Tenant for life trustee for all parties interested 58. A tenant for life shall, in exercising any power under this Law, have regard to the interests of all parties entitled under the settlement, and shall, in relation to the exercise thereof by him, be deemed to be in the position and to have the duties and liabilities of a trustee for those parties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"General protection of purchasers, etc. 59. On a sale, exchange, partition, lease, mortgage or charge, a purchaser, lessee, mortgagee or other person dealing in good faith with a tenant for life shall, as against all parties entitled under the settlement, be conclusively taken to have given the best price, consideration or rent, as the case may require, that could reasonably be obtained by the tenant for life, and to have complied with all the requisitions of this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Exercise of powers, limitation of provisions, etc. 60. (1) Powers and authorities conferred by this Law on a tenant for life, trustees or the Court are exercisable from time to time. (2) Where a power of sale, exchange, partition, leasing, mortgaging, charging or other power is exercised by a tenant for life, or by the trustees of a settlement, he and they may respectively execute, make and do all deeds, instruments and things necessary or proper in that behalf. (3) Where any provision in this Law refers to sale, purchase, exchange, partition, leasing or other dealing, or to any power, consent, payment, receipt, deed, assurance, contract, expenses, act or transaction, the same shall be construed to extend only (unless it is otherwise expressed) to sales, purchases, exchanges, partitions, leasings, dealings, powers, consents, payments, receipts, deeds, assurances, contracts, expenses, acts and transactions under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Saving for other powers 61. (1) Nothing in this Law shall take away, abridge or prejudicially affect any power for the time being subsisting under a settlement, or by statute or otherwise, exercisable by a tenant for life, or by trustees with his consent, or on his request, or by his direction or otherwise; and the powers given by this Law are cumulative. (2) In case of conflict between a settlement and this Law, relative to any matter in respect whereof the tenant for life exercises or contracts or intends to exercise any power under this Law, this Law shall prevail; and notwithstanding anything in the settlement, the consent of the tenant for life shall, by virtue of this Law, be necessary to the exercise by the trustees of the settlement or other person of any power conferred by the settlement exercisable for any purpose provided for in this Law. Settled Land Law (3) If a question arises, or a doubt is entertained, respecting any matter within subsection (1), the Court may, on the application of the trustees of the settlement, the tenant for life or any other person interested, give its decision, opinion, advice or direction thereon.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Additional or larger powers by settlement 62. (1) Nothing in this Law shall preclude a settlor from conferring on the tenant for life, or the trustees of the settlement, any powers additional to or larger than those conferred by this Law. (2) Any additional or larger powers so conferred shall, as far as may be, notwithstanding anything in this Law, operate and be exercisable in the like manner, and with all the like incidents, effects and consequences, as if they were conferred by this Law, unless a contrary intention is expressed in the settlement. PART XII - Limited Owners Generally\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Enumeration of other limited owners to have powers of tenant for life 63. (1) The following persons shall, when the estate or interest of each of them is in possession, have the powers of a tenant for life under this Law, as if each of them were a tenant for life as defined in this Law \u2014 (a) a tenant in tail, including a tenant in tail who is by statute restrained from barring or defeating his estate tail, and although the reversion is in the Crown, and so that the exercise by him of his powers under this Law shall bind the Crown, but not including such a tenant in tail where the land in respect whereof he is so restrained was purchased with money provided by Parliament or by the Legislature of the Islands in consideration of public services; (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 Law 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 Settled Land Law to a trust for accumulation of income for payment of debts or other purpose; (g) a tenant in tail after possibility of issue extinct; (h) a tenant by the curtsy, which is to be deemed for the purposes of this Law an estate arising under a settlement made by his wife; (i) a person entitled to the income of land under a trust or direction for payment thereof to him during his own or any other life, whether subject to expenses of management or not, until sale of the land or until forfeiture of his interest therein on bankruptcy or other event. (2) In every such case the provisions of this Law referring to a tenant for life, either as conferring powers on him or otherwise, 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 Law 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. PART XIII - Infants, Married Women and Lunatics\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Infant absolutely entitled to be tenant for life 64. Where a person who is, in his own right, seised of or entitled in possession to land, is an infant, then for purposes of this Law the land is settled land, and the infant shall be deemed tenant for life thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Tenant for life, infant 65. Where a tenant for life, or a person having the powers of a tenant for life under this Law, is an infant, or an infant would, if he were of full age, be a tenant for life, or have the powers of a tenant for life under this Law, the powers of a tenant for life under this Law may be exercised on his behalf by the trustees of the settlement, and if there are none, then by such person and in such manner as the Court, on the application of a testamentary or other guardian or next friend of the infant, either generally or in a particular instance, orders.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Married woman, how to be affected 66. (1) The foregoing provisions of this Law apply to a married woman of full age, whether or not she is entitled to her estate or interest for her own benefit, and she, without her husband, may exercise the powers of a tenant for life under this Law. (2) A restraint on anticipation in a settlement shall not prevent the exercise by her of any power under this Law. Settled Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Tenant for life, lunatic 67. Where a tenant for life, or a person having the powers of a tenant for life under this Law, is a lunatic, so found by inquisition, the committee of his estate may, in his name and on his behalf, under an order of the Court, exercise the powers of a tenant for life under this Law, and the order may be made on the petition of any person interested in the settled land, or of the committee of the estate. PART XIV - Settlement by Way of Trusts for Sale\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Provision for case of trust to sell and re-invest in land 68. (1) Any land, or any estate or interest in land, which under or by virtue of any deed, will or agreement, covenant to surrender, statute or other instrument or any number of instruments is subject to a trust or direction for sale of that land, estate or interest, and for the application or disposal of the money to arise from the sale, the income of that money, the income of the land until sale or any part of that money or income, for the benefit of any person for his life, or any other limited period, or for the benefit of two or more persons concurrently for any limited period, and whether absolutely or subject to a trust for accumulation of income for payment of debts or other purpose, or to any other restriction, shall be deemed to be settled land, and the instrument or instruments under which the trust arises shall be deemed to be a settlement; and the person for the time being beneficially entitled to the income of the land, estate or interest aforesaid until sale, whether absolutely or subject as aforesaid, shall be deemed to be tenant for life thereof; or if two or more persons are so entitled concurrently, then those persons shall be deemed to constitute together the tenant for life thereof; and the persons, if any, who are for the time being, under the settlement, trustees for sale of the settled land, or having power of consent to, approval of or control over the sale, or if under the settlement there are no such trustees, then the persons, if any, for the time being, who are by the settlement declared to be trustees thereof for purposes of this Law are for purposes of this Law trustees of the settlement. (2) In every such case the provisions of this Law referring to a tenant for life, to a settlement and to settled land, shall extend to the person or persons aforesaid, and to the instrument or instruments under which his or their estate or interest arises, and to the land therein comprised, subject and except that \u2014 (a) any reference in this Law to the predecessors or successors in title of the tenant for life, the remaindermen or reversioners or other persons interested in the settled land, shall be deemed to refer to the persons interested in succession or otherwise in the money to arise from sale of the land, the income of that money or the income of the land, until sale (as the case may require); Settled Land Law (b) capital money arising under this Law from the settled land shall not be applied in the purchase of land unless such application is authorised by the settlement in 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 authorised by this Law, 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; (c) capital money arising under this Law 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; and (d) land of whatever tenure acquired under this Law by purchase, 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. (3) In the case of a settlement within the meaning of this section, any consent not required by the terms of the settlement is not by force of anything contained in this Law 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. (4) In the case of every other settlement, not within the meaning of this section, where two or more persons together constitute the tenant for life for the purposes of this Law, then notwithstanding anything contained in section 61(2), 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 exercisable for any purpose provided for in this Law. (5) With respect to the powers conferred by this section the following provisions are to have effect \u2014 (a) those powers are not to be exercised without the leave of the Court; Settled Land Law (b) 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; (c) the Court may, from time to time, rescind or vary any order made under this section, or may make any new or further order; (d) so long as an order under this section is in force neither the trustees of the settlement, nor any person other than a person having the leave, shall execute any trust or power created by the settlement, for any purpose for which leave is by the order given, to exercise a power conferred by this Law; (e) an order under this section shall be recorded in the Record Office; (f) any person dealing with the trustees from time to time, or with any other person acting under the trusts or powers of the settlement, is not to be affected by an order under this section, unless and until the order is duly recorded as aforesaid; (g) an application to the Court under this section may be made by the tenant for life, or by the persons who together constitute the tenant for life, within the meaning of this section; (h) an application to rescind or vary an order, or to make any new or further order under this section may be made also by the trustees of the settlement or by any person beneficially interested under the settlement; and (i) the person or persons to whom leave is given by an order under this section shall be deemed the proper person or persons to exercise the powers conferred by this section, and shall have, and may exercise, those powers accordingly. Publication in revised form authorised by the Governor in Council this 30th day of June, 1998. Carmena H. Parsons Clerk of Executive Council\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_1998_01_01\", \"date\": \"1998-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_1998_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_1998_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/1964\/156\", \"FRBRdate\": [{\"date\": \"1998-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1964\/156\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1964-0156\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"156 of 1964\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1964\/156\/eng@1998-01-01\", \"FRBRdate\": [{\"date\": \"1998-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1964\/156\/eng@1998-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1964\/156\/eng@1998-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1964\/156\/eng@1998-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Settled Land Act\", \"actNumber\": \"156 of 1964\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSETTLED LAND LAW\n\n(1998 Revision)\nSupplement No. 10 published with Gazette No. 20 of 28th September, 1998.\n\nPage 2\nRevised as at 30th day of June, 1998\nc\n\nPUBLISHING DETAILS\nRevised under the authority of the Law Revision Law (19 of 1975).\n\nOriginally enacted \u2014\nCap. 156-1st January, 1964.\n\nRevised this 30th day of June, 1998.\n\nSettled Land Law\nArrangement of Sections\n\nc\nRevised as at 30th day of June, 1998\nPage 3\n\nCAYMAN ISLANDS\n\nSETTLED LAND LAW\n(1998 Revision)\nArrangement of Sections\nSection\nPage\nPART I - Introductory\n1.\nShort title ...................................................................................................................................7\n2.\nDefinitions and interpretation .....................................................................................................7\nPART II - Sale, Exchange and Partition\n3.\nPowers of tenant for life to sell, etc. ...........................................................................................9\n4.\nExchanges .................................................................................................................................9\n5.\nPowers of tenant for life .............................................................................................................9\n6.\nRegulations respecting sale, exchange and partition ............................................................... 10\n7.\nTransfer of incumbrances on land sold, etc. ............................................................................. 10\nPART III - Leases\n8.\nPower for tenant for life to lease for ordinary, building or mining purposes ............................... 10\n9.\nLeases ..................................................................................................................................... 11\n10.\nRegulations respecting leases generally .................................................................................. 11\n11.\nRegulations respecting building leases .................................................................................... 11\n12.\nRegulations respecting mining leases ...................................................................................... 12\n13.\nVariation of building or mining lease according to circumstances of district .............................. 12\n14.\nEffect of grant for building purposes ......................................................................................... 13\n15.\nPart of mining rent to be set aside as capital ............................................................................ 14\n16.\nLeasing powers for special objects .......................................................................................... 14\n17.\nSurrender and new grant of leases .......................................................................................... 14\n\nArrangement of Sections\nSettled Land Law\n\nPage 4\nRevised as at 30th day of June, 1998\nc\n\nPART IV - Sales, Leases and other Dispositions\n18.\nDedication for streets, open spaces, etc. ................................................................................. 15\n19.\nSeparate dealing with surface and minerals with or without way-leaves, etc. ........................... 16\n20.\nMortgage for equality money, etc. ............................................................................................ 16\n21.\nRaising of money ..................................................................................................................... 16\n22.\nConcurrence in exercise of powers as to undivided shares ...................................................... 16\n23.\nCompletion of sale, lease, etc., by conveyance ........................................................................ 17\nPART V - Investment or other Application of Capital Trust\nMoney\n24.\nCapital money under Law; investment, etc., by trustees of Court ............................................. 17\n25.\nRegulations respecting investment, devolution and income of securities, etc. .......................... 18\n26.\nInvestment in land in the Islands .............................................................................................. 19\n27.\nSettlement of land purchased, taken in exchange, etc. ............................................................ 19\n28.\nDealings as between tenant for life and the estate ................................................................... 20\nPART VI - Improvements\n29.\nDescription of improvements authorised by law ....................................................................... 20\n30.\nApproval by Court of scheme for improvement and payment thereon ...................................... 22\n31.\nConcurrence in improvements ................................................................................................. 22\n32.\nObligation on tenant for life and successors to maintain, insure, etc. ....................................... 23\n33.\nPayment out of Court of capital money .................................................................................... 23\n34.\nCourt may order payment for improvements executed ............................................................. 23\n35.\nProtection as regards waste in execution and repair of improvements ..................................... 24\n36.\nWhat included .......................................................................................................................... 24\nPART VII - Contracts\n37.\nPower of tenant for life to enter into contracts .......................................................................... 25\nPART VIII - Miscellaneous Provisions\n38.\nApplication of money in Court under other laws ....................................................................... 26\n39.\nApplication of money in hands of trustees under powers of settlement .................................... 26\n40.\nApplication of money paid for lease or reversion ...................................................................... 26\n41.\nCutting and sale of timber and part of proceeds to be set aside ............................................... 27\n42.\nProceeding for protection or recovery of land settled or claimed to be settled .......................... 27\n43.\nHeirlooms ................................................................................................................................ 27\nPART IX - Trustees\n44.\nAppointment of trustees by Court ............................................................................................. 28\n45.\nTrustees for the purposes of this Law ...................................................................................... 28\n46.\nNumber of trustees to act......................................................................................................... 28\n47.\nTrustees\u2019 receipts .................................................................................................................... 29\n48.\nProtection of each trustee individually ...................................................................................... 29\n49.\nProtection of trustees generally ................................................................................................ 29\n\nSettled Land Law\nArrangement of Sections\n\nc\nRevised as at 30th day of June, 1998\nPage 5\n\n50.\nTrustees\u2019 reimbursement ......................................................................................................... 29\n51.\nReference of differences to Court ............................................................................................ 30\n52.\nNotice to trustees ..................................................................................................................... 30\nPART X - Court and Procedure\n53.\nRegulations respecting payments into Court, applications, etc. ................................................ 30\n54.\nPayment of costs out of settled property .................................................................................. 31\nPART XI - Restrictions, Savings and General Provisions\n55.\nPowers not assignable; contract not to exercise powers void ................................................... 31\n56.\nProhibition or limitation against exercise of powers void ........................................................... 32\n57.\nProvision against forfeiture ...................................................................................................... 32\n58.\nTenant for life trustee for all parties interested ......................................................................... 33\n59.\nGeneral protection of purchasers, etc. ..................................................................................... 33\n60.\nExercise of powers, limitation of provisions, etc. ...................................................................... 33\n61.\nSaving for other powers ........................................................................................................... 33\n62.\nAdditional or larger powers by settlement ................................................................................ 34\nPART XII - Limited Owners Generally\n63.\nEnumeration of other limited owners to have powers of tenant for life ...................................... 34\nPART XIII - Infants, Married Women and Lunatics\n64.\nInfant absolutely entitled to be tenant for life ............................................................................ 35\n65.\nTenant for life, infant ................................................................................................................ 35\n66.\nMarried woman, how to be affected ......................................................................................... 35\n67.\nTenant for life, lunatic .............................................................................................................. 36\nPART XIV - Settlement by Way of Trusts for Sale\n68.\nProvision for case of trust to sell and re-invest in land .............................................................. 36\n\nSettled Land Law\nSection 1\n\nc\nRevised as at 30th day of June, 1998\nPage 7\n\nCAYMAN ISLANDS\n\nSETTLED LAND LAW\n(1998 Revision)\n\nPART I - Introductory\n1.\nShort title\n1.\nThis Law may be cited as the Settled Land Law (1998 Revision).\n2.\nDefinitions and interpretation\n2.\n(1) In this Law \u2014\n\u201cbuilding purposes\u201d include the erecting and the improving of, the adding to\nand the repairing of buildings; and a\n\u201cbuilding lease\u201d is a lease for any building purpose or purposes connected\ntherewith;\n\u201cCourt\u201d means the Grand Court;\n\u201cincome\u201d includes rents and profits;\n\u201cland\u201d includes incorporeal hereditaments, also an undivided share in land;\n\u201cmines and minerals\u201d mean mines and minerals whether already opened or in\nwork or not, and include all minerals and substances (other than such minerals,\nmineral oil and substances as may be vested in the Crown) in, on or under the\nland, obtainable by underground or by surface working; and \u201cmining purposes\u201d\ninclude the sinking and searching for, winning, working, getting, making\n\nSection 2\nSettled Land Law\n\nPage 8\nRevised as at 30th day of June, 1998\nc\n\nmerchantable, smelting or otherwise converting or working for the purposes of\nany manufacture, carrying away and disposing of mines and minerals, in or\nunder the settled land or any other land, and the erection of buildings and the\nexecution of engineering and other works suitable for those purposes;\n\u201cmining lease\u201d is a lease for any mining purposes or purposes connected\ntherewith, and includes a grant or licence for any mining purposes;\n\u201cpossession\u201d includes receipt of income;\n\u201cRecord Office\u201d means the office of the Public Recorder;\n\u201crent\u201d includes yearly or other rent, and toll, duty, royalty or other reservation,\nby the acre or the ton or otherwise; and, in relation to rent, \u201cpayment\u201d includes\ndelivery; and \u201cfine\u201d includes premium or fore-gift, and any payment,\nconsideration or benefit in the nature of a fine, premium or fore-gift;\n\u201csecurities\u201d include stocks, funds, and shares; and\n\u201cwill\u201d includes codicil and other testamentary instrument, and a writing in the\nnature of a will.\n(2) Any deed, will or agreement for a settlement or other agreement, covenant to\nsurrender, Act of the United Kingdom, law of the Islands or other instrument,\nor any number of instruments, under or by virtue of which instrument or\ninstruments, any land, or any estate or interest in land, stands for the time being\nlimited to or in trust for any persons by way of succession, creates or is for\npurposes of this Law a settlement, and is in this Law referred to as a settlement,\nor as the settlement, as the case requires.\n(3) An estate or interest in remainder or reversion not disposed of by a settlement,\nand reverting to the settlor or descending to the testator\u2019s heir, is for purposes\nof this Law an estate or interest coming to the settlor or heir under or by virtue\nof the settlement, and comprised in the subject of the settlement.\n(4) Land and any estate or interest therein, which is the subject of a settlement, is\nfor purposes of this Law settled land, and is, in relation to the settlement,\nreferred to in this Law as the settled land.\n(5) The determination of the question whether land is settled land, for purposes of\nthis Law or not, is governed by the state of facts and the limitations of the\nsettlement, at the time of the settlement taking effect.\n(6) Whoever is, for the time being, under a settlement, beneficially entitled to\npossession of settled land, for his life, is for purposes of this Law the tenant for\nlife of that land and the tenant for life under that settlement.\n(7) If, in any case, there are two or more persons so entitled as tenants in common,\nas joint tenants or for other concurrent estates or interests, they together\nconstitute the tenant for life for purposes of this Law.\n\nSettled Land Law\nSection 3\n\nc\nRevised as at 30th day of June, 1998\nPage 9\n\n(8) A person being tenant for life within the foregoing definitions shall be deemed\nto be such notwithstanding that, under the settlement or otherwise, the settled\nland, or his estate or interest therein, is incumbered or charged in any manner or\nto any extent.\n(9) The persons, if any, who are for the time being, under a settlement, trustees with\npower of sale of settled land, or with power of consent to or approval of the\nexercise of such a power of sale, or if under a settlement there are no such\ntrustees, then the persons, if any, for the time being, who are by the settlement\ndeclared to be trustees thereof for purposes of this Law, are for purposes of this\nLaw trustees of the settlement.\n(10) Capital money arising under this Law and receivable for the trusts and purposes\nof the settlement is in this Law referred to as capital money arising under this\nLaw.\nPART II - Sale, Exchange and Partition\n3.\nPowers of tenant for life to sell, etc.\n3.\nA tenant for life \u2014\n(a)\nmay sell the settled land or any part thereof, or any easement, right or\nprivilege of any kind, over or in relation to the same;\n(b) may make an exchange of the settled land or any part thereof, for other\nland, including an exchange in consideration of money paid for equality of\nexchange; and\n(c)\nwhere the settlement comprises an undivided share in land, or, under the\nsettlement, the settled land has come to be held in undivided shares, may\nconcur in making partition of the entirety, including a partition in\nconsideration of money paid for equality of partition.\n4.\nExchanges\n4.\nOn any exchange or partition any easement, right or privilege of any kind may be\nreserved or may be granted over or in relation to the settled land or any part thereof.\nor other land or an easement, right or privilege of any kind may be given or taken in\nexchange or on partition for land or for any other easement, right or privilege of\nany kind.\n5.\nPowers of tenant for life\n5.\nA tenant for life may make any conveyance which is necessary or proper for giving\neffect to a contract entered into by a predecessor in title, and which if made by such\npredecessor would have been valid as against his successors in title.\n\nSection 6\nSettled Land Law\n\nPage 10\nRevised as at 30th day of June, 1998\nc\n\n6.\nRegulations respecting sale, exchange and partition\n6.\n(1) Every sale shall be made at the best price that can reasonably be obtained.\n(2) Every exchange and partition shall be made for the best consideration in land or\nin land and money that can reasonably be obtained.\n(3) A sale may be made in one lot or in several lots, and either by auction or private\ncontract.\n(4) On a sale the tenant for life may fix reserve biddings and buy in at an auction.\n(5) A sale, exchange or partition may be made subject to any stipulation respecting\ntitle, evidence of title or other things.\n(6) On a sale, exchange or partition, any restriction or reservation with respect to\nbuilding on or other user of land or with respect to mines and minerals, or with\nrespect to or for the purpose of the more beneficial working thereof, or with\nrespect to any other thing, may be imposed or reserved and made binding, as far\nas the Law permits, by convenant, conditions or otherwise, on the tenant for life\nand the settled land, or any part thereof, or on the other party and any land sold\nor given in exchange or on partition to him.\n(7) Settled land in the Islands shall not be given in exchange for land out of the\nIslands.\n7.\nTransfer of incumbrances on land sold, etc.\n7.\nWhere on a sale, exchange or partition there is an incumbrance affecting land sold or\ngiven in exchange or on partition, the tenant for life, with the consent of the\nincumbrancer, may charge that incumbrance on any other part of the settled land,\nwhether already charged therewith or not, in exoneration of the part sold or so given,\nand, by conveyance of the fee simple, or other estate or interest the subject of the\nsettlement, or by creation of a term of years in the settled land, or otherwise, make\nprovision accordingly.\nPART III - Leases\n8.\nPower for tenant for life to lease for ordinary, building or mining purposes\n8.\nA tenant for life may lease the settled land, or any part thereof, or any easement, right\nor privilege of any kind, over or in relation to the same, for any purpose whatever,\nwhether involving waste or not, for any term not exceeding \u2014\n(a)\nin case of a building lease, ninety-nine years;\n(b) in case of a mining lease, sixty years; and\n(c)\nin case of any other lease, twenty-one years.\n\nSettled Land Law\nSection 9\n\nc\nRevised as at 30th day of June, 1998\nPage 11\n\n9.\nLeases\n9.\nA lease for a term not exceeding twenty-one years at the best rent that can be\nreasonably obtained without fine, and whereby the lessee is not exempted from\npunishment for waste, may be made by a tenant for life \u2014\n(a)\nnotwithstanding that there may be no trustees of the settlement for the\npurposes of this Law; and\n(b) by writing under hand only, containing an agreement instead of a\nconvenant by the lessee for payment of rent in cases where the term does\nnot extent beyond three years from the date of the writing.\n10.\nRegulations respecting leases generally\n10. (1) Every lease shall be by deed, and be made to take effect in possession not later\nthan twelve months after its date.\n(2) Every lease shall reserve the best rent that can reasonably be obtained, regard\nbeing had to any fine taken, and to any money laid out or to be laid out for the\nbenefit of the settled land, and generally to the circumstances of the case.\n(3) Every lease shall contain a covenant by the lessee for payment of the rent, and\na condition of re-entry on the rent not being paid within a time therein specified\nnot exceeding thirty days.\n(4) Every lease shall be executed by the lessor and the lessee, and shall be recorded\nin the Record Office within six months of its execution.\n(5) A statement, contained in a lease or in an indorsement thereof, signed by the\ntenant for life, respecting any matter of fact, or of calculation under this Law in\nrelation to the lease, shall, in favour of the lessee and of those claiming under\nhim, be sufficient evidence of the matter stated.\n11.\nRegulations respecting building leases\n11. (1) Every building lease shall be made partly in consideration of the lessee, some\nperson by whose direction the lease is granted or some other person, having\nerected, or agreeing to erect, buildings, new or additional, or having improved\nor repaired, or agreeing to improve or repair buildings, or having executed, or\nagreeing to execute, on the land leased, an improvement authorised by this Law,\nfor or in connection with building purposes.\n(2) A peppercorn rent, or a nominal or other rent less than the rent ultimately\npayable, may be made payable for the first five years or any less part of the term.\n(3) Where the land is contracted to be leased in lots, the entire amount of rent to be\nultimately payable may be apportioned among the lots in any manner,\nsave that \u2014\n(a)\nthe annual rent reserved by any lease shall not be less than one dollar;\n\nSection 12\nSettled Land Law\n\nPage 12\nRevised as at 30th day of June, 1998\nc\n\n(b) the total amount of the rents reserved on all leases for the time being\ngranted shall not be less than the total amount of the rents which, in order\nthat the leases may be in conformity with this Law, ought to be reserved\nin respect of the whole land for the time being leased; and\n(c)\nthe rent reserved by any lease shall not exceed twenty per cent part of the\nfull annual value of the land comprised in that lease with the buildings\nthereon when completed.\n12.\nRegulations respecting mining leases\n12. (1) In a mining lease \u2014\n(a)\nthe rent may be made to be ascertainable by or to vary according to the\nacreage worked, or by or according to the quantities of any mineral or\nsubstance gotten, made merchantable, converted, carried away or disposed\nof, in or from the settled land or any other land or by or according to any\nfacilities given in that behalf; and\n(b) a fixed or minimum rent may be made payable, with or without power for\nthe lessee, in case the rent, according to acreage or quantity, in any\nspecified period does not produce an amount equal to the fixed or\nminimum rent, to make up the deficiency in any subsequent specified\nperiod, free of rent other than the fixed or minimum rent.\n(2) A lease may be made partly in consideration of the lessee having executed, or\nhis agreeing to execute, on the land leased, an improvement authorised by this\nLaw for or in connection with mining purposes.\n13.\nVariation of building or mining lease according to circumstances of district\n13. (1) Where it is shown to the Court with respect to the district in which any settled\nland is situate, either \u2014\n(a)\nthat it is the custom for land therein to be leased or granted for building or\nmining purposes for a longer term or on other conditions than the term or\nconditions specified in that behalf in this Law, or in perpetuity; or\n(b) that it is difficult to make leases or grants for building or mining purposes\nof land therein, except for a longer term or on other conditions than the\nterm and conditions specified in that behalf in this Law, or except in\nperpetuity,\nthe Court may, if it thinks fit, authorise generally the tenant for life to make,\nfrom time to time, leases or grants of or affecting the settled land in that district,\nor parts thereof, for any term or in perpetuity, at fee-farm or other rents, secured\nby condition of re-entry, or otherwise, as in the order of the Court expressed, or\nmay, if it thinks fit, authorise the tenant for life to make any such lease or grant\nin any particular case.\n\nSettled Land Law\nSection 14\n\nc\nRevised as at 30th day of June, 1998\nPage 13\n\n(2) Thereupon the tenant for life, and, subject to any direction in the order of the\nCourt to the contrary, each of his successors in title being a tenant for life, or\nhaving the powers of a tenant for life under this Law, may make in any case, or\nin the particular case, a lease or grant of or affecting the settled land, or part\nthereof, in conformity with the order.\n14.\nEffect of grant for building purposes\n14. (1) Where on a grant for building purposes by a tenant for life, the land is expressed\nto be conveyed in fee simple with or subject to a reservation thereout of a\nperpetual rent or rent-charge, the reservation shall operate to create a rent-charge\nin fee simple issuing out of the land conveyed and having incidental thereto all\npowers and remedies for recovery thereof conferred by subsections (2) to (6)\nand the rent-charge so created shall go and remain to the uses of the trusts and\nsubject to the powers and provisions which, immediately before the conveyance,\nwere subsisting with respect to the land out of which it is reserved.\n(2) Where a person is entitled to receive out of any land, or out of the income of any\nland, any annual sum, payable half-yearly or otherwise, whether charged on the\nland or on the income of the land, and whether by way of rent-charge or\notherwise, not being rent incident to a reversion, then, subject and without\nprejudice to all estates, interests and rights having priority to the annual sum,\nthe person entitled to receive the same shall have such remedies for recovering\nand compelling payment of the same as are described in this section, as far as\nthose remedies might have been conferred by the instrument under which the\nannual sum arises, but not further.\n(3) If, at any time, the annual sum, or any part thereof, is unpaid for twenty-one\ndays next after the time appointed for any payment in respect thereof, the person\nentitled to receive the annual sum may enter into and distrain on the land charged\nor any part thereof, and dispose according to law of any distress found, to the\nintent that thereby or otherwise the annual sum, all arrears thereof and all costs\nand expenses occasioned by non-payment thereof, may be fully paid.\n(4) If, at any time, the annual sum, or any part thereof, is unpaid for forty days next\nafter the time appointed for any payment in respect thereof, then, although no\nlegal demand has been made for payment thereof, the person entitled to receive\nthe annual sum may enter into possession of and hold the land charged or any\npart thereof, and take the income thereof, until thereby or otherwise the annual\nsum and all arrears thereof due at the time of his entry, or afterwards becoming\ndue during his continuance in possession, and all costs and expenses occasioned\nby non-payment of the annual sum, are fully paid; and such possession when\ntaken shall be without impeachment of waste.\n(5) In the like case the person entitled to the annual charge whether taking\npossession or not, may also, by deed, demise the land charged, or any part\nthereof, to a trustee for a term of years, with or without impeachment of waste,\n\nSection 15\nSettled Land Law\n\nPage 14\nRevised as at 30th day of June, 1998\nc\n\non trust by mortgage, sale or demise, for all or any part of the term, of the land\ncharged, or of any part thereof, or by receipt of the income thereof, or by all or\nany of those means, or by any other reasonable means, to raise and pay the\nannual sum and all arrears thereof due or to become due, and all costs and\nexpenses occasioned by non-payment of the annual sum or incurred in\ncompelling or obtaining payment thereof, or otherwise relating thereto,\nincluding the costs of the preparation and execution of the deed of demise, and\nthe costs of the execution of the trusts of that deed; and the surplus, if any, of\nthe money raised, or of the income received, under the trusts of that deed shall\nbe paid to the person for the time being entitled to the land therein comprised in\nreversion immediately expectant on the term thereby created.\n(6) Subsections (2) to (5) apply only if and as far as a contrary intention is not\nexpressed in the instrument under which the annual sum arises, and shall have\neffect subject to the terms of that instrument, and to the provisions therein\ncontained.\n15.\nPart of mining rent to be set aside as capital\n15. Under a mining lease, whether the mines or minerals leased are already opened or in\nwork or not, unless a contrary intention is expressed in the settlement, there shall be,\nfrom time to time, set aside, as capital money arising under this Law, part of the rent\nas follows, namely, where the tenant for life is impeachable for waste in respect of\nminerals, seventy-five per cent of the rent, and otherwise twenty-five per cent thereof,\nand in every such case the residue of the rent shall go as rents and profits.\n16.\nLeasing powers for special objects\n16. The leasing power of a tenant for life extends to the making of \u2014\n(a)\na lease for giving effect to a contract entered into by any of his\npredecessors in title for making a lease, which, if made by the predecessor,\nwould have been binding on the successors in title;\n(b) a lease for giving effect to a covenant of renewal, performance whereof\ncould be enforced against the owner for the time being of the settled\nland; and\n(c)\na lease for confirming, as far as may be, a previous lease, being void or\nvoidable; but so that every lease, as and when confirmed, shall be such a\nlease as might at the date of the original lease have been lawfully granted\nunder this Law or otherwise, as the case may require.\n17.\nSurrender and new grant of leases\n17. (1) A tenant for life may accept, with or without consideration, a surrender of any\nlease of settled land, whether made under this Law or not, in respect of the whole\nland leased, or any part thereof, with or without an exception of all or any of the\nmines and minerals therein, or in respect of mines and minerals, or any of them.\n\nSettled Land Law\nSection 18\n\nc\nRevised as at 30th day of June, 1998\nPage 15\n\n(2) On a surrender of a lease in respect of part only of the land or mines and minerals\nleased, the rent may be apportioned.\n(3) On a surrender, the tenant for life may make of the land or mines and minerals\nsurrendered, or of any part thereof, a new or other lease, or new or other leases\nin lots.\n(4) A new or other lease may comprise additional land or mines and minerals, and\nmay reserve any apportioned or other rent.\n(5) On a surrender, and the making of a new or other lease, whether for the same or\nfor any extended or other term, and whether or not subject to the same or to any\nother covenants, provisions or conditions, the value of the lessee\u2019s interest in\nthe lease surrendered may be taken into account in the determination of the\namount of the rent to be reserved, and of any fine to be taken, and of the nature\nof the covenants, provisions and conditions to be inserted in the new or other\nlease.\n(6) Every new or other lease shall be in conformity with this Law.\nPART IV - Sales, Leases and other Dispositions\n18.\nDedication for streets, open spaces, etc.\n18. On or in connection with a sale or grant for building purposes, or a building lease, the\ntenant for life, for the general benefit of the residents on the settled land, or on any\npart thereof \u2014\n(a)\nmay cause or require any parts of the settled land to be appropriated and\nlaid out for streets, roads, paths, squares, gardens or other open spaces, for\nthe use gratuitously or on payment, of the public or of individuals, with\nsewers, drains, water-courses, fencing, paving or other works necessary or\nproper in connection therewith; and\n(b) may provide that the parts so appropriated shall be conveyed to or vested\nin the trustees of the settlement or other trustees, any company or public\nbody, on trusts or subject to provisions for securing the continued\nappropriation thereof to the purposes aforesaid, and the continued repair\nor maintenance of streets and other places and works aforesaid, with or\nwithout provision for appointment of new trustees when required; and\n(c)\nmay execute any general or other deed necessary or proper for giving effect\nto this section (which deed shall be recorded in the Record Office), and\nthereby declare the mode, terms and conditions of the appropriation, and\nthe manner in which and the persons by whom the benefit thereof is to be\nenjoyed, and the nature and extent of the privileges and conveniences\ngranted.\n\nSection 19\nSettled Land Law\n\nPage 16\nRevised as at 30th day of June, 1998\nc\n\n19.\nSeparate dealing with surface and minerals with or without way-leaves, etc.\n19. (1) A sale, exchange, partition or mining lease may be made either of land, with or\nwithout an exception or reservation of all or any of the mines and minerals\ntherein or of any mines and minerals, and in any such case with or without a\ngrant or reservation of powers of working, way-leaves or rights of way, rights\nof water and drainage, and other powers, easements, rights and privileges for or\nincident to or connected with mining purposes, in relation to the settled land or\nany part thereof, or any other land.\n(2) An exchange or partition may be made subject to and in consideration of the\nreservation of an undivided share in mines or minerals.\n20.\nMortgage for equality money, etc.\n20. Where money is required for equality of exchange or partition, the tenant for life may\nraise the same on mortgage of the settled land, or of any part thereof, by conveyance\nof the fee simple or other estate or interest the subject of the settlement, or by creation\nof a term of years in the settled lands or otherwise, and the money raised shall be\ncapital money arising under this Law.\n21.\nRaising of money\n21. (1) Where money is required for the purpose of discharging an incumbrance on the\nsettled land or part thereof, the tenant for life may raise the money so required\nand also the amount properly required for payment of the costs of the transaction\non mortgage of the settled land, or of any part thereof, by conveyance of the fee\nsimple or other estate or interest the subject of the settlement, or by creation of\na term of years in the settled land, or any part thereof or otherwise, and the\nmoney so raised shall be capital money for that purpose and may be paid or\napplied accordingly.\n(2) An incumbrance for the purpose of subsection (1) shall not include any annual\nsum payable only during a life or lives or during a term of years absolute or\ndeterminable.\n22.\nConcurrence in exercise of powers as to undivided shares\n22. Where the settled land comprises an undivided share in land, or, under the settlement,\nthe settled land has come to be held in undivided shares, the tenant for life of an\nundivided share may join or concur in any manner and to any extent necessary or\nproper for any purpose of this Law, with any person entitled to or having power or\nright of disposition of or over another undivided share.\n\nSettled Land Law\nSection 23\n\nc\nRevised as at 30th day of June, 1998\nPage 17\n\n23.\nCompletion of sale, lease, etc., by conveyance\n23. (1) On a sale, exchange, partition, lease, mortgage or charge, the tenant for life may,\nas regards land sold, given in exchange or on partition, leased, mortgaged or\ncharged, or intended so to be, including leasehold land vested in trustees, or as\nregards easements or other rights or privileges sold or leased, or intended so to\nbe, convey or create the same by deed, for the estate or interest the subject of\nthe settlement or for any less estate or interest to the uses and in the manner\nrequisite for giving effect to the sale, exchange, partition, lease, mortgage or\ncharge.\n(2) Such a deed, to the extent and in the manner to and in which it is expressed or\nintended to operate and can operate under this Law, is effectual to pass the land\nconveyed, or the easements, rights or privileges created, discharged from all the\nlimitations, powers and provisions of the settlement, and from all estates,\ninterests and charges subsisting or to arise thereunder, but subject to and with\nthe exception of \u2014\n(a)\nall estates, interest and charges having priority to the settlement;\n(b) all such other, if any, estates, interests and charges as have been conveyed\nor created for securing money actually raised at the date of the deed; and\n(c)\nall leases and grants at fee-farm rents or otherwise, and all grants of\neasements, rights of common or other rights or privileges granted or made\nfor value in money or money\u2019s worth, or agreed so to be, before the date\nof the deed, by the tenant for life, by any of his predecessors in title or by\nany trustees for him or them, under the settlement, or under any statutory\npower, or being otherwise binding on the successor\u2019s in title of the tenant\nfor life.\n(3) Conveyances executed under this Law shall be recorded in the Record Office\nwithin six months of their execution.\nPART V - Investment or other Application of Capital Trust\nMoney\n24.\nCapital money under Law; investment, etc., by trustees of Court\n24. (1) A fine received on the grant of a lease under any power conferred by this Law\nis to be deemed capital money arising under this Law.\n(2) Capital money arising under this Law, subject to payment of claims properly\npayable thereout, and to application thereof for any special authorised object for\nwhich the same was raised, shall, when received, be invested or otherwise\napplied wholly in one, or partly in one and partly in another or others, of the\nfollowing modes namely \u2014\n\nSection 25\nSettled Land Law\n\nPage 18\nRevised as at 30th day of June, 1998\nc\n\n(a)\nin investment on Government securities of Great Britain or of the Islands,\nor on other securities on which the trustees of the settlement are by the\nsettlement or by law authorised to invest trust money of the settlement, or\non the security of the bonds, mortgages or debentures, or in the purchase\nof the debenture stock of any railway company in Great Britain or Ireland\nincorporated by special Act of Parliament, and having for ten years next\nbefore the date of investment paid a dividend on its ordinary stock or\nshares, with power to vary the investment into or for any other such\nsecurities;\n(b) in discharge, purchase or redemption of incumbrances affecting the\ninheritance of the settled land, or other the whole estate the subject of the\nsettlement, or of property tax, Crown rent, chief rent or quit rent charged\non or payable out of the settled land;\n(c)\nin payment for any improvement authorised by this Law;\n(d) in payment for equality of exchange or partition of settled land;\n(e)\nin purchase of the reversion or freehold in fee of any part of the settled\nland, being leasehold and held for years or life, or years determinable\non life;\n(f)\nin purchase of land in fee simple or of leasehold land held for sixty years\nor more unexpired at the time of purchase, subject or not to any exception\nor reservation of or in respect of mines or minerals therein, or of or in\nrespect of rights or powers relative to the working of mines or minerals\ntherein, or in other land;\n(g) in purchase, either in fee simple, or for a term of sixty years or more, of\nmines and minerals convenient to be held or worked with the settled land,\nor of any easement, right or privilege convenient to be held with the settled\nland for mining or other purposes; in payment to any person becoming\nabsolutely entitled or empowered to give an absolute discharge; in\npayment of costs, charges, and expenses of or incidental to the exercise of\nany of the powers, or the execution of any of the provisions of this Law;\nin any other mode in which money produced by the exercise of a power of\nsale in the settlement is applicable thereunder.\n25.\nRegulations\nrespecting\ninvestment,\ndevolution\nand\nincome\nof\nsecurities, etc.\n25. (1) Capital money arising under this Law shall, in order to its being invested or\napplied as aforesaid, be paid either to the trustees of the settlement or into Court,\nat the option of the tenant for life, and shall be invested or applied by the trustees,\nor under the direction of the Court, as the case may be, accordingly.\n(2) The investment or other application by the trustees shall be made according to\nthe direction of the tenant for life, and, in default thereof, according to the\n\nSettled Land Law\nSection 26\n\nc\nRevised as at 30th day of June, 1998\nPage 19\n\ndiscretion of the trustees, but in the last mentioned case subject to any consent\nrequired or direction given by the settlement with respect to the investment or\nother application by the trustees of trust money of the settlement, and any\ninvestment shall be in the names or under the control of the trustees.\n(3) The investment or other application under the direction of the Court shall be\nmade on the application of the tenant for life or of the trustees.\n(4) Any investment or other application shall not, during the life of the tenant for\nlife, be altered without his consent.\n(5) Capital money arising under this Law while remaining uninvested or unapplied,\nand securities on which an investment of any such capital money is made, shall,\nfor all purposes of disposition, transmission and devolution, be considered as\nland, and the same shall be held for and go to the same person successively, in\nthe same manner and for and on the same estates, interests and trusts as the land\nwherefrom the money arises would, if not disposed of, have been held and have\ngone under the settlement.\n(6) The income of those securities shall be paid or applied as the income of that\nland, if not disposed of, would have been payable or applicable under the\nsettlement.\n(7) Those securities may be converted into money, which shall be capital money\narising under this Law.\n26.\nInvestment in land in the Islands\n26. Capital money arising under this Law from settled land in the Islands shall not be\napplied in the purchase of land out of the Islands, unless the settlement expressly\nauthorises the same.\n27.\nSettlement of land purchased, taken in exchange, etc.\n27. (1) Land acquired by purchase, in exchange or on partition, shall be made subject\nto the settlement in manner directed in this section.\n(2) Freehold land shall be conveyed to the uses, on the trusts, and subject to the\npowers and provisions which, under the settlement, or by reason of the exercise\nof any power of charging therein contained, are subsisting with respect to the\nsettled land, or as near thereto as circumstances permit, but not so as to increase\nor multiply charges or powers of charging.\n(3) Leasehold land shall be conveyed to and vested in the trustees of the settlement,\non trusts and subject to powers and provisions corresponding as nearly as the\nlaw and circumstances permit, with the uses, trusts, powers and provisions to,\non and subject to which freehold land is to be conveyed as aforesaid; so\nnevertheless that the beneficial interest in land held by lease for years shall not\nvest absolutely in a person who is by the settlement made by purchase tenant in\ntail, in tail male or in tail female, and who dies under the age of twenty-one\n\nSection 28\nSettled Land Law\n\nPage 20\nRevised as at 30th day of June, 1998\nc\n\nyears, but shall, on the death of that person under that age, go as freehold land\nconveyed as aforesaid would go.\n(4) Land acquired as aforesaid may be made a substituted security for any charge\nin respect of money actually raised, and remaining unpaid, from which the\nsettled land, any part thereof or any undivided share therein, has theretofore\nbeen released on the occasion and in order to the completion of a sale, exchange\nor partition.\n(5) Where a charge does not affect the whole of the settled land, then the land\nacquired shall not be subjected thereto, unless the land is acquired either by\npurchase with money arising from sale of land which was before the sale subject\nto the charge, or by an exchange or partition of land which, or an undivided\nshare wherein, was before the exchange or partition subject to such charge.\n(6) On land being so acquired, any person who, by the direction of the tenant for\nlife, so conveys the land as to subject it to any charge, is not concerned to inquire\nwhether or not it is proper that the land should be subjected to the charge.\n(7) The provisions of this section referring to land extend and apply, as far as may\nbe, to mines and minerals, and to easements, rights and privileges over and in\nrelation to land.\n28.\nDealings as between tenant for life and the estate\n28. Where a sale of settled land is to be made to the tenant for life, or a purchase is to be\nmade from him of land to be made subject to the limitations of the settlement, or an\nexchange is to be made with him of settled land for other land, or a partition is to be\nmade with him of land an undivided share whereof is subject to the limitations of the\nsettlement, the trustees of the settlement shall stand in the place of and represent the\ntenant for life, and shall, in addition to their powers as trustees, have all the powers\nof the tenant for life for the purpose of reference to negotiating and completing the\ntransaction.\nPART VI - Improvements\n29.\nDescription of improvements authorised by law\n29. Improvements authorised by this Law are the making or execution on, or in\nconnection with, and for the benefit of settled land, of any of the following works, or\nof any works for any of the following purposes, and any operation incident to or\nnecessary or proper in the execution of any of those works, or necessary or proper for\ncarrying into effect any of those purposes, or for securing the full benefit of any of\nthose works or purposes, namely \u2014\n(a)\ndrainage, including the straightening, widening or deepening of drains,\nstreams and water-courses;\n\nSettled Land Law\nSection 29\n\nc\nRevised as at 30th day of June, 1998\nPage 21\n\n(b) irrigation and warping;\n(c)\ndrains, pipes and machinery for supply and distribution of sewage as\nmanure;\n(d) embanking or weiring from a river or lake, or from the sea or a tidal water;\n(e)\ngroynes; sea walls; defences against water;\n(f)\ninclosing; straightening of fences; re-division of fields;\n(g) reclamation; dry warping;\n(h) farm and plantation roads; private roads, roads or streets in villages or\ntowns;\n(i)\nclearing; trenching; planting;\n(j)\ncottages for labourers, farm and plantation servants, and artisans,\nemployed on the settled land or not;\n(k) plantation buildings, farm houses, offices and outbuildings and other\nbuildings, for plantation and farm purposes;\n(l)\nsaw-mills, scutch-mills, sugar mills, coffee mills and other mills, waterwheels, engine-houses and kilns, which will increase the value of the\nsettled land for agricultural purposes or as sugar and rum works or coffee\nor other works, or as woodland or otherwise;\n(m) reservoirs, tanks, conduits, watercourses, pipes, wells, ponds, shafts, dams,\nweirs, sluices and other works and machinery for supply and distribution\nof water for agricultural, manufacturing or other purposes, or for domestic\nor other consumption;\n(n) tramways, railways, canals and docks;\n(o) jetties, piers and landing places on rivers, lakes, the sea or tidal waters, for\nfacilitating transport of persons and of agricultural stock and produce, and\nof manure and other things required for agricultural purposes and of\nminerals and of things required for mining purposes;\n(p) markets and market-places;\n(q) streets, roads, paths, squares, gardens or other open spaces for the use,\ngratuitously or on payment, of the public or of individuals, or for\ndedication to the public, the same being necessary or proper in connection\nwith the conversion of land into building land;\n(r)\nsewers, drains, watercourses, pipe-making, fencing, paving, brick-making,\ntile-making and other works necessary or proper in connection with any of\nthe objects aforesaid;\n(s)\ntrial pits for mines, and other preliminary works necessary or proper in\nconnection with development of mines;\n(t)\nreconstruction, enlargement or improvement of any of those works;\n\nSection 30\nSettled Land Law\n\nPage 22\nRevised as at 30th day of June, 1998\nc\n\n(u) bridges;\n(v) additions to or alterations in buildings reasonably necessary or proper to\nenable the same to be let; and\n(w) erection of buildings in substitution for buildings within an urban sanitary\ndistrict taken by a local or other public authority, or for buildings taken\nunder compulsory powers, but so that no more money shall be expended\nthan the amount received for the buildings taken and the site thereof.\n30.\nApproval by Court of scheme for improvement and payment thereon\n30. (1) Where the tenant for life is desirous that capital money arising under this Law\nshall be applied in or towards payment for any improvement authorised by this\nLaw, he may submit for approval to the trustees of the settlement, or to the\nCourt, as the case may require, a scheme for the execution of the improvement,\nshowing the proposed expenditure thereon.\n(2) Where the capital money to be expended is in the hands of trustees, then, after\na scheme is approved by them, the trustees may apply that money in or towards\npayment for the whole or part of any work or operation comprised in the\nimprovement, on \u2014\n(a)\na certificate of a competent engineer, practical surveyor or builder\nnominated by the trustees and approved of by the Court, certifying that the\nwork or operation, or some specified part thereof, has been properly\nexecuted, and what amount is properly payable by the trustees in respect\nthereof, which certificate shall be conclusive in favour of the trustees as an\nauthority and discharge for any payment made by them in pursuance\nthereof; or\n(b) an order of the Court directing or authorising the trustees to so apply a\nspecified portion of the capital money.\n(3) Where the capital money to be expended is in Court, then, after a scheme is\napproved by the Court, the Court may, if it thinks fit, on a report or certificate\nof a competent engineer or able practical surveyor or builder, approved by the\nCourt, or on such other evidence as the Court thinks sufficient, make such order\nand give such directions as it thinks fit for the application of that money, or any\npart thereof, in or towards payment for the whole or part of any work or\noperation comprised in the improvement.\n31.\nConcurrence in improvements\n31. The tenant for life may join or concur with any other person interested in executing\nany improvement authorised by this Law, or in contributing to the cost thereof.\n\nSettled Land Law\nSection 32\n\nc\nRevised as at 30th day of June, 1998\nPage 23\n\n32.\nObligation on tenant for life and successors to maintain, insure, etc.\n32. (1) The tenant for life, and each of his successors in title having, under the\nsettlement, a limited estate or interest only in the settled land, shall, during such\nperiod, if any, as the Court in any case may order, maintain and repair, at his\nown expense, every improvement executed under the foregoing provisions of\nthis Law, and where a building or work in its nature insurable against damage\nby fire is comprised in the improvement, shall insure and keep insured the same,\nat his own expense, in such amount, if any, as the Court may order.\n(2) The tenant for life, or any of his successors as aforesaid, shall not cut down or\nknowingly permit to be cut down, except in proper thinning, any trees planted\nas an improvement under the foregoing provisions of this Law.\n(3) The tenant for life, and each of his successors as aforesaid, shall, from time to\ntime, if required by the Court on or without the suggestion of any person having,\nunder the settlement, any estate or interest in the settled land in possession,\nremainder or otherwise, report to the Court the state of every improvement\nexecuted under this Law, and the fact and particulars of fire insurance, if any,\nby filing in the Court a suggestion thereof.\n(4) The Court may vary any certificate made under this section, in such manner or\nto such extent as circumstances appear to require, but not so as to increase the\nliabilities of the tenant for life, or any of his successors as aforesaid.\n(5) If the tenant for life, or any of his successors as aforesaid, fails in any respect to\ncomply with the requisitions of this section, or does any act in contravention\nthereof, any person having, under the settlement, any estate or interest in the\nsettled land in possession, remainder or reversion shall have a right of action, in\nrespect of that default or act, against the tenant for life; and the estate of the\ntenant for life, after his death, shall be liable to make good to the persons entitled\nunder the settlement any damages occasioned by that default or act.\n33.\nPayment out of Court of capital money\n33. All or any part of any capital money paid into Court may, if the Court thinks fit, be at\nany time paid out to the trustees of the settlement for the purposes of this Law.\n34.\nCourt may order payment for improvements executed\n34. The Court may, in any case where it appears proper, make an order directing or\nauthorising capital money to be applied in or towards payment for any improvement\nauthorised by this Law notwithstanding that a scheme was not, before the execution\nof the improvement, submitted for approval, as required by this Law.\n\nSection 35\nSettled Land Law\n\nPage 24\nRevised as at 30th day of June, 1998\nc\n\n35.\nProtection as regards waste in execution and repair of improvements\n35. The tenant for life, and each of his successors in title having, under the settlement, a\nlimited estate or interest only in the settled land, and all persons employed by or under\ncontract with the tenant for life, or any such successor, may, from time to time, enter\non the settled land, and, without impeachment of waste by any remainder man or\nreversioner thereon execute any improvement authorised by this Law, or inspect,\nmaintain and repair the same, and, for the purposes thereof, on the settled land, do,\nmake and use all acts, works and conveniences proper for the execution, maintenance,\nrepair and use thereof, and get and work freestone, limestone, clay, sand and other\nsubstances and make tramways and other ways and burn and make bricks, tiles and\nother things, and cut down and use timber and other trees not planted or left standing\nfor shelter or ornament.\n36.\nWhat included\n36. Improvement of or to land shall include the \u2014\n(a)\ndrainage of land, and the straightening, widening, deepening or otherwise\nimproving the drains, streams and watercourses of any kind;\n(b) irrigation and warping of land;\n(c)\nembanking and weiring of land from the sea or tidal waters, or from lakes,\nrivers or streams, in a permanent manner;\n(d) inclosing of lands, the making of dividing fences and the straightening of\nfences and re-division of fields and the surveying and running of lines;\n(e)\nreclamation of land, including all operations necessary thereto;\n(f)\nmaking of permanent plantation and farm roads and permanent tramways\nand railways and navigable canals for all purposes connected with the\nimprovement of the estate;\n(g) clearing of land;\n(h) erection of labourers\u2019 cottages, plantation and farmhouses, and other\nbuildings required for plantation and farm purposes, and the improvement\nof and addition to labourers\u2019 cottages, works, houses and other buildings\nfor plantation and farm purposes already erected so as such improvements\nor additions are of a permanent nature;\n(i)\nplanting for shelter;\n(j)\nconstructing or erecting of any engine-houses, stills, waterwheels, sugar,\ncoffee, saw and other mills, kilns, shafts, wells, ponds, tanks, reservoirs,\ndams, leads, pipes, conduits, watercourses, bridges, weirs, sluices,\nfloodgates or hatches, which will increase the value of any lands for\nagricultural purposes, or for the manufacture of agricultural products;\n(k) construction or improvement of jetties or landing places on the sea coast,\nor on the banks of navigable rivers or lakes, for the transport of cattle,\n\nSettled Land Law\nSection 37\n\nc\nRevised as at 30th day of June, 1998\nPage 25\n\nsheep and other agricultural stock and produce, and of lime, manure and\nother articles and things for agricultural purposes:\nProvided that the Court shall be satisfied that such works will add to the\npermanent value of the lands to be charged to an extent equal to the expense\nthereof; and\n(l)\nthe execution of all such works as in the judgment of the Court may be\nnecessary for carrying into effect any matter hereinbefore mentioned, or\nfor deriving the full benefit thereof.\nPART VII - Contracts\n37.\nPower of tenant for life to enter into contracts\n37. (1) A tenant for life may \u2014\n(a)\ncontract to make any sale, exchange, partition, mortgage or charge;\n(b) vary or rescind, with or without consideration, the contract, in the like\ncases and manner in which, if he were absolute owner of the settled land,\nhe might lawfully vary or rescind the same, but so that the contract as\nvaried be in conformity with this Law; and any such consideration, if paid\nin money, shall be capital money arising under the Law;\n(c)\ncontract to make any lease; and in making the lease may vary the terms,\nwith or without consideration, but so that the lease be in conformity with\nthis Law;\n(d) accept a surrender of a contract for lease, in like manner and on the like\nterms in and on which he might accept a surrender of a lease; and\nthereupon may make a new or other contract, or new or other contracts, for\nor relative to a lease or leases, in like manner and on the like terms in and\non which he might make a new or other lease, or new or other leases, where\na lease had been granted;\n(e)\nenter into a contract for or relating to the execution of any improvement\nauthorised by this Law, and may vary or rescind the same; and\n(f)\nin any other case, enter into a contract to do any act for carrying into effect\nany of the purposes of this Law, and may vary or rescind the same.\n(2) Every contract shall be binding on, enure for the benefit of the settled land and\nbe enforceable against and by every successor in title for the time being of the\ntenant for life, and may be carried into effect by any such successor; but so that\nit may be varied or rescinded by any successor in the like case and manner, if\nany, as if it had been made by himself.\n\nSection 38\nSettled Land Law\n\nPage 26\nRevised as at 30th day of June, 1998\nc\n\n(3) The Court may, on the application of the tenant for life, of any such successor\nor of any person interested in any contract give directions respecting the\nenforcing, carrying into effect, varying or rescinding thereof.\n(4) Any preliminary contract under this Law for or relating to a lease shall not form\npart of the title or evidence of the title of any person to the lease or the benefit\nthereof.\nPART VIII - Miscellaneous Provisions\n38.\nApplication of money in Court under other laws\n38. Where, under any Law public, local, personal or private, money is in Court, or is paid\ninto Court, and is liable to be laid out in the purchase of land to be made subject to a\nsettlement, then, in addition to any mode of dealing therewith authorised by the law\nunder which the money is in Court, that money may be invested or applied as capital\nmoney arising under this Law, on the like terms, if any, respecting costs and other\nthings, as nearly as circumstances admit, and notwithstanding anything in this Law\naccording to the same procedure, as if the modes of investment or application\nauthorised by this Law were authorised by the law under which the money is in Court.\n39.\nApplication of money in hands of trustees under powers of settlement\n39. Where, under a settlement, money is in the hands of trustees, and is liable to be laid\nout in the purchase of land to be made subject to the settlement, then, in addition to\nsuch powers of dealing wherewith as the trustees have independently of this Law,\nthey may, at the option of the tenant for life, invest or apply the same as capital money\narising under this Law.\n40.\nApplication of money paid for lease or reversion\n40. Where capital money arising under this Law is purchase money paid in respect of a\nlease for years, or life, or years determinable on life, or in respect of any other estate\nor interest in land less than the fee simple, or in respect of a reversion dependent on\nany such lease, estate or interest, the trustees of the settlement or the Court, as the\ncase may be, and, in the case of the Court, on the application of any party interested\nin that money, may, notwithstanding anything in this Law, require and cause the same\nto be laid out, invested, accumulated and paid in such manner as, in the judgment of\nthe trustees or of the Court, as the case may be, will give to the parties interested in\nthat money, the like benefit therefrom as they might lawfully have had from the lease,\nestate, interest or reversion in respect whereof the money was paid, or as near thereto\nas may be.\n\nSettled Land Law\nSection 41\n\nc\nRevised as at 30th day of June, 1998\nPage 27\n\n41.\nCutting and sale of timber and part of proceeds to be set aside\n41. (1) Where a tenant for life is impeachable for waste in respect of timber, and there\nis on the settled land timber ripe and fit for cutting, the tenant or life, on\nobtaining the consent of the trustees of the settlement or an order of the Court,\nmay cut and sell that timber, or any part thereof.\n(2) Seventy-five per cent of the net proceeds of the sale shall be set aside as and be\ncapital money arising under this Law, and the other twenty-five per cent shall\ngo as rents and profits.\n42.\nProceeding for protection or recovery of land settled or claimed to be settled\n42. The Court may, if it thinks fit, approve of any action, defence, petition to the\nLegislature, legislative opposition or other proceeding taken or proposed to be taken\nfor protection of settled land or of any action or proceeding taken or proposed to be\ntaken for recovery of land being or alleged to be subject to a settlement, and may\ndirect that any costs, charges or expenses incurred or to be incurred in relation thereto,\nor any part thereof, be paid out of property subject to the settlement.\n43.\nHeirlooms\n43. (1) Where personal chattels are settled on trust so as to devolve with land until a\ntenant in tail by purchase is born or attains the age of twenty-one years, or so as\notherwise to vest in some person becoming entitled to an estate of freehold of\ninheritance in the land, a tenant for life of the land may sell the chattels or any\nof them.\n(2) The money arising by the sale shall be capital money arising under this Law,\nand shall be paid, invested, applied and otherwise dealt with in like manner in\nall respects as by this Law directed with respect to other capital money arising\nunder this Law, or may be invested in the purchase of other chattels, of the same\nor any other nature, which, when purchased, shall be settled and held on the\nsame trusts, and shall devolve in the same manner as the chattels sold.\n(3) A sale or purchase of chattels under this section shall not be made without an\norder of the Court.\n\nSection 44\nSettled Land Law\n\nPage 28\nRevised as at 30th day of June, 1998\nc\n\nPART IX - Trustees\n44.\nAppointment of trustees by Court\n44. (1) If, at any time, there are no trustees of a settlement within the definition in this\nLaw, or where in any other case it is expedient, for purposes of this Law, that\nnew trustees of a settlement be appointed, the Court may, if it thinks fit, on the\napplication of the tenant for life or of any other person having, under the\nsettlement, an estate or interest in the settled land, in possession, remainder or\notherwise, or, in the case of an infant, of his testamentary or other guardian or\nnext friend, appoint fit persons to be trustees under the settlement for purposes\nof this Law.\n(2) The persons so appointed, and the survivors and survivor of them, while\ncontinuing to be trustees or trustee, and, until the appointment of new trustees,\nthe personal representatives or representative for the time being of the last\nsurviving or continuing trustee, shall, for the purposes of this Law, become and\nbe the trustees or trustee of the settlement.\n45.\nTrustees for the purposes of this Law\n45. Where there are for the time being no trustees of the settlement within the meaning\nand for the purposes of this Law, then the following persons shall, for the purposes\nof this Law, be deemed trustees of the settlement, namely \u2014\n(a)\nthe persons, if any, who are for the time being under the settlement trustees,\nwith power of or upon trust for sale of any other land comprised in the\nsettlement and subject to the same limitations as the land to be sold, or\nwith power to consent or to approve of the exercise of such power of sale,\nor, if there be no such persons; then\n(b) the persons, if any, who are for the time being under the settlement trustees\nwith future power of sale, or under a future trust for sale of the land to be\nsold, or with power to consent to or approve of the exercise of such future\npower of sale, and whether the power or trust takes effect in all events or\nnot.\n46.\nNumber of trustees to act\n46. (1) Notwithstanding anything in this Law, capital money arising under this Law\nshall not be paid to fewer than two persons as trustees of a settlement, unless the\nsettlement authorises the receipt of capital trust money of the settlement by one\ntrustee.\n(2) Subject thereto, the provisions of this Law referring to the trustees of a\nsettlement apply to the surviving or continuing trustees or trustee of the\nsettlement for the time being.\n\nSettled Land Law\nSection 47\n\nc\nRevised as at 30th day of June, 1998\nPage 29\n\n47.\nTrustees\u2019 receipts\n47. The receipt or direction in writing of or by the trustees of the settlement, or where one\ntrustee is empowered to act, of or by that trustee, or of or by the personal\nrepresentatives of the last surviving or continuing trustee, for or relating to any money\nor securities, paid or transferred to or by the direction of the trustees, trustee or\nrepresentatives, as the case may be, effectually discharges the payer or transferor\ntherefrom, and from being bound to see to the application or being answerable for\nany loss or misapplication thereof, and, in case of a mortgagee or other person\nadvancing money, from being concerned to see that any money advanced by him is\nwanted for any purpose of this Law, or that no more than is wanted is raised.\n48.\nProtection of each trustee individually\n48. Each person who is for the time being trustee of a settlement is answerable for what\nhe actually receives only, notwithstanding his signing any receipt for conformity, and\nin respect of his own acts, receipts and defaults only, and is not answerable in respect\nof those of any other trustee, or of any banker, broker or other person, or for the\ninsufficiency or deficiency of any sureties, or for any loss not happening through his\nown wilful default.\n49.\nProtection of trustees generally\n49. The trustees of a settlement, or any of them, are not liable for giving any consent, or\nfor not making, bringing, taking or doing any such application, action, proceeding or\nthing, as they might make, bring, take or do; and in case of purchase of land with\ncapital money arising under this Law, or of an exchange, partition or lease, are not\nliable for adopting any contract made by the tenant for life, or bound to inquire as to\nthe propriety of the purchase, exchange, partition or lease, or answerable as regards\nany price, consideration or fine, and are not liable to see to or answerable for the\ninvestigation of the title, or answerable for a conveyance of land, if the conveyance\npurports to convey the land in the proper mode, or liable in respect of purchase money\npaid by them by direction of the tenant for life to any person joining in the conveyance\nas a conveying party, or as giving a receipt for the purchase money, or in any other\ncharacter, or in respect of any other money paid by them by direction of the tenant\nfor life on the purchase, exchange, partition or lease.\n50.\nTrustees\u2019 reimbursement\n50. The trustees of a settlement may reimburse themselves or pay and discharge out of\nthe trust property all expenses properly incurred by them.\n\nSection 51\nSettled Land Law\n\nPage 30\nRevised as at 30th day of June, 1998\nc\n\n51.\nReference of differences to Court\n51. If, at any time, a difference arises between a tenant for life and the trustees of the\nsettlement respecting the exercise of any of the powers of this Law, or respecting any\nmatter relating thereto, the Court may, on the application of either party, give such\ndirections respecting the matter in difference and respecting the costs of the\napplication as the Court thinks fit.\n52.\nNotice to trustees\n52. (1) A tenant for life, when intending to make a sale, exchange, partition, lease,\nmortgage or charge shall give notice of his intention in that behalf to each of the\ntrustees of the settlement, by posting registered letters, containing the notice,\naddressed to the trustees, severally, each at his usual or last known place of\nabode in the Islands, and shall give like notice to the attorney-at-law for the\ntrustees, if any such attorney-at-law is known to the tenant for life, by posting a\nregistered letter containing the notice, addressed to the attorney-at-law at his\nplace of business in the Islands, every letter under this section being posted not\nless than one month before the making by the tenant for life of the sale,\nexchange, partition, lease, mortgage or charge, or of a contract for the same. The\nnotice by this section required may be a notice of a general intention in that\nbehalf.\n(2) Provided that at the date of notice given the number of trustees shall not be less\nthan two, unless a contrary intention is expressed in the settlement.\n(3) A person dealing in good faith with the tenant for life is not concerned to inquire\nrespecting the giving of any such notice as is required by this section.\n(4) The tenant for life is, upon request by a trustee of the settlement, to furnish to\nhim such particulars and information as may reasonably be required by him,\nfrom time to time, with reference to sales, exchanges, partitions or leases\neffected, or in progress, or immediately intended.\n(5) Any trustee, by writing under his hand, may waive notice either in any particular\ncase, or generally, and may accept less than one months\u2019 notice.\nPART X - Court and Procedure\n53.\nRegulations respecting payments into Court, applications, etc.\n53. (1) All matters within the jurisdiction of the Court under this Law shall be subject\nto the laws regulating the Court, and to the practice of the Court.\n(2) Payment of money into Court effectually exonerates therefrom the person\nmaking the payment.\n(3) Every application to the Court shall be by petition, or by summons at Chambers.\n\nSettled Land Law\nSection 54\n\nc\nRevised as at 30th day of June, 1998\nPage 31\n\n(4) On an application by the trustees of a settlement notice shall be served in the\nfirst instance on the tenant for life.\n(5) On any application, notice shall be served on such persons, if any, as the Court\nthinks fit.\n(6) The Court shall have full power and discretion to make such order as it thinks\nfit respecting the costs, charges or expenses of all or any of the parties to any\napplication, and may, if it thinks fit, order that all or any of those costs, charges,\nor expenses be paid out of property subject to the settlement.\n(7) General Rules for purposes of this Law shall be deemed Rules of Court within\nsection 19 of the Grand Court Law (1995 Revision), and may be made\naccordingly.\n54.\nPayment of costs out of settled property\n54. Where the Court directs that any costs, charges, or expenses be paid out of property\nsubject to a settlement, the same shall, subject and according to the directions of the\nCourt, be raised and paid out of capital money arising under this Law, or other money\nliable to be laid out in the purchase of land to be made subject to the settlement, or\nout of investments representing such money, or out of income of any such money or\ninvestments, or out of any accumulations of income of land, money or investments or\nby means of a sale of part of the settled land in respect whereof the costs, charges or\nexpenses are incurred, or of other settled land comprised in the same settlement and\nsubject to the same limitations, or by means of a mortgage of the settled land or any\npart thereof, to be made by such person as the Court directs, and either by conveyance\nof the fee simple or other estate or interest the subject of the settlement, or by creation\nof a term, or otherwise, or by means of a charge on the settled land or any part thereof,\nor partly in one of those modes and partly in another or others, or in any such other\nmode as the Court thinks fit.\nPART XI - Restrictions, Savings and General Provisions\n55.\nPowers not assignable; contract not to exercise powers void\n55. (1) The powers under this Law of a tenant for life are not capable of assignment or\nrelease, and do not pass to a person as being, by operation of law or otherwise,\nan assignee of a tenant for life, and remain exercisable by the tenant for life after\nand notwithstanding any assignment, by operation of law or otherwise, of his\nestate or interest under the settlement.\n(2) A contract by a tenant for life not to exercise any of his powers under this Law\nis void.\n(3) This section shall operate without prejudice to the rights of any person being an\nassignee for value by instrument duly recorded in the Record Office of the estate\n\nSection 56\nSettled Land Law\n\nPage 32\nRevised as at 30th day of June, 1998\nc\n\nor interest of the tenant for life; and in that case the assignee\u2019s rights shall not\nbe affected without his consent, except that, unless the assignee is actually in\npossession of the settled land or part thereof, his consent shall not be requisite\nfor the making of leases thereof by the tenant for life, provided the leases are\nmade at the best rent that can reasonably be obtained without fine, and in other\nrespects are in conformity with this Law.\n(4) This section extends to assignments made or coming into operation before or\nafter and to acts done before or after the commencement of this Law; and in this\nsection assignment includes assignment by way of mortgage, and any partial or\nqualified assignment, and any charge or incumbrance; and assignee has a\nmeaning corresponding with that of assignment.\n(5) Every instrument whereby a tenant for life, in consideration of marriage or as\npart or by way of any family arrangement, not being a security for payment of\nmoney advanced, makes an assignment of or creates a charge upon his estate or\ninterest under the settlement shall be deemed one of the instruments creating the\nsettlement, and not an instrument vesting in any person any right as assignee for\nvalue within the meaning or operation of this section.\n(6) Subsection (5) shall apply and have effect with respect to every disposition\nunless inconsistent with the nature or terms of such disposition.\n56.\nProhibition or limitation against exercise of powers void\n56. (1) If in a settlement, will, assurance or other instrument a provision is inserted\npurporting or attempting, by way of direction, declaration or otherwise, to forbid\na tenant for life to exercise any power under this Law, or attempting, or tending,\nor intended, by a limitation, gift or disposition over of settled land, or by a\nlimitation, gift or disposition of other real or any personal property, or by the\nimposition of any condition, or by forfeiture, or in any other manner whatever,\nto prohibit or prevent him from exercising, or to induce him to abstain from\nexercising, or to put him into a position inconsistent with his exercising, any\npower under this Law, that provision, as far as it purports, or attempts or tends,\nor is intended to have, or would or might have, the operation aforesaid, shall be\ndeemed to be void.\n(2) For the purposes of subsection (1) an estate or interest limited to continue so\nlong only as a person abstains from exercising any power shall be and take effect\nas an estate or interest to continue for the period for which it would continue if\nthat person were to abstain from exercising the power, discharged from liability\nto determination or cesser by or on his exercising the same.\n57.\nProvision against forfeiture\n57. Notwithstanding anything in a settlement, the exercise by the tenant for life of any\npower under this Law shall not occasion a forfeiture.\n\nSettled Land Law\nSection 58\n\nc\nRevised as at 30th day of June, 1998\nPage 33\n\n58.\nTenant for life trustee for all parties interested\n58. A tenant for life shall, in exercising any power under this Law, have regard to the\ninterests of all parties entitled under the settlement, and shall, in relation to the\nexercise thereof by him, be deemed to be in the position and to have the duties and\nliabilities of a trustee for those parties.\n59.\nGeneral protection of purchasers, etc.\n59. On a sale, exchange, partition, lease, mortgage or charge, a purchaser, lessee,\nmortgagee or other person dealing in good faith with a tenant for life shall, as against\nall parties entitled under the settlement, be conclusively taken to have given the best\nprice, consideration or rent, as the case may require, that could reasonably be obtained\nby the tenant for life, and to have complied with all the requisitions of this Law.\n60.\nExercise of powers, limitation of provisions, etc.\n60. (1) Powers and authorities conferred by this Law on a tenant for life, trustees or the\nCourt are exercisable from time to time.\n(2) Where a power of sale, exchange, partition, leasing, mortgaging, charging or\nother power is exercised by a tenant for life, or by the trustees of a settlement,\nhe and they may respectively execute, make and do all deeds, instruments and\nthings necessary or proper in that behalf.\n(3) Where any provision in this Law refers to sale, purchase, exchange, partition,\nleasing or other dealing, or to any power, consent, payment, receipt, deed,\nassurance, contract, expenses, act or transaction, the same shall be construed to\nextend only (unless it is otherwise expressed) to sales, purchases, exchanges,\npartitions, leasings, dealings, powers, consents, payments, receipts, deeds,\nassurances, contracts, expenses, acts and transactions under this Law.\n61.\nSaving for other powers\n61. (1) Nothing in this Law shall take away, abridge or prejudicially affect any power\nfor the time being subsisting under a settlement, or by statute or otherwise,\nexercisable by a tenant for life, or by trustees with his consent, or on his request,\nor by his direction or otherwise; and the powers given by this Law are\ncumulative.\n(2) In case of conflict between a settlement and this Law, relative to any matter in\nrespect whereof the tenant for life exercises or contracts or intends to exercise\nany power under this Law, this Law shall prevail; and notwithstanding anything\nin the settlement, the consent of the tenant for life shall, by virtue of this Law,\nbe necessary to the exercise by the trustees of the settlement or other person of\nany power conferred by the settlement exercisable for any purpose provided for\nin this Law.\n\nSection 62\nSettled Land Law\n\nPage 34\nRevised as at 30th day of June, 1998\nc\n\n(3) If a question arises, or a doubt is entertained, respecting any matter within\nsubsection (1), the Court may, on the application of the trustees of the\nsettlement, the tenant for life or any other person interested, give its decision,\nopinion, advice or direction thereon.\n62.\nAdditional or larger powers by settlement\n62. (1) Nothing in this Law shall preclude a settlor from conferring on the tenant for\nlife, or the trustees of the settlement, any powers additional to or larger than\nthose conferred by this Law.\n(2) Any additional or larger powers so conferred shall, as far as may be,\nnotwithstanding anything in this Law, operate and be exercisable in the like\nmanner, and with all the like incidents, effects and consequences, as if they were\nconferred by this Law, unless a contrary intention is expressed in the settlement.\nPART XII - Limited Owners Generally\n63.\nEnumeration of other limited owners to have powers of tenant for life\n63. (1) The following persons shall, when the estate or interest of each of them is in\npossession, have the powers of a tenant for life under this Law, as if each of\nthem were a tenant for life as defined in this Law \u2014\n(a)\na tenant in tail, including a tenant in tail who is by statute restrained from\nbarring or defeating his estate tail, and although the reversion is in the\nCrown, and so that the exercise by him of his powers under this Law shall\nbind the Crown, but not including such a tenant in tail where the land in\nrespect whereof he is so restrained was purchased with money provided by\nParliament or by the Legislature of the Islands in consideration of public\nservices;\n(b) a tenant in fee simple, with an executory limitation, gift or disposition over,\non failure of his issue, or in any other event;\n(c)\na person entitled to a base fee, although the reversion is in the Crown, and\nso that the exercise by him of his powers under this Law shall bind the\nCrown;\n(d) a tenant for years determinable on life, not holding merely under a lease at\na rent;\n(e)\na tenant for the life of another, not holding merely under a lease at a rent;\n(f)\na tenant for his own or any other life, or for years determinable on life,\nwhose estate is liable to cease in any event during that life, whether by\nexpiration of the estate, or by conditional limitation or otherwise, or to be\ndefeated by an executory limitation, gift or disposition over, or is subject\n\nSettled Land Law\nSection 64\n\nc\nRevised as at 30th day of June, 1998\nPage 35\n\nto a trust for accumulation of income for payment of debts or other\npurpose;\n(g) a tenant in tail after possibility of issue extinct;\n(h) a tenant by the curtsy, which is to be deemed for the purposes of this Law\nan estate arising under a settlement made by his wife;\n(i)\na person entitled to the income of land under a trust or direction for\npayment thereof to him during his own or any other life, whether subject\nto expenses of management or not, until sale of the land or until forfeiture\nof his interest therein on bankruptcy or other event.\n(2) In every such case the provisions of this Law referring to a tenant for life, either\nas conferring powers on him or otherwise, to a settlement and to settled land,\nshall extend to each of the persons aforesaid, and to the instrument under which\nhis estate or interest arises, and to the land therein comprised.\n(3) In any such case any reference in this Law to death as regards a tenant for life\nshall, where necessary, be deemed to refer to the determination by death or\notherwise of such estate or interest as last aforesaid.\nPART XIII - Infants, Married Women and Lunatics\n64.\nInfant absolutely entitled to be tenant for life\n64. Where a person who is, in his own right, seised of or entitled in possession to land, is\nan infant, then for purposes of this Law the land is settled land, and the infant shall\nbe deemed tenant for life thereof.\n65.\nTenant for life, infant\n65. Where a tenant for life, or a person having the powers of a tenant for life under this\nLaw, is an infant, or an infant would, if he were of full age, be a tenant for life, or\nhave the powers of a tenant for life under this Law, the powers of a tenant for life\nunder this Law may be exercised on his behalf by the trustees of the settlement, and\nif there are none, then by such person and in such manner as the Court, on the\napplication of a testamentary or other guardian or next friend of the infant, either\ngenerally or in a particular instance, orders.\n66.\nMarried woman, how to be affected\n66. (1) The foregoing provisions of this Law apply to a married woman of full age,\nwhether or not she is entitled to her estate or interest for her own benefit, and\nshe, without her husband, may exercise the powers of a tenant for life under this\nLaw.\n(2) A restraint on anticipation in a settlement shall not prevent the exercise by her\nof any power under this Law.\n\nSection 67\nSettled Land Law\n\nPage 36\nRevised as at 30th day of June, 1998\nc\n\n67.\nTenant for life, lunatic\n67. Where a tenant for life, or a person having the powers of a tenant for life under this\nLaw, is a lunatic, so found by inquisition, the committee of his estate may, in his name\nand on his behalf, under an order of the Court, exercise the powers of a tenant for life\nunder this Law, and the order may be made on the petition of any person interested\nin the settled land, or of the committee of the estate.\nPART XIV - Settlement by Way of Trusts for Sale\n68.\nProvision for case of trust to sell and re-invest in land\n68. (1) Any land, or any estate or interest in land, which under or by virtue of any deed,\nwill or agreement, covenant to surrender, statute or other instrument or any\nnumber of instruments is subject to a trust or direction for sale of that land, estate\nor interest, and for the application or disposal of the money to arise from the\nsale, the income of that money, the income of the land until sale or any part of\nthat money or income, for the benefit of any person for his life, or any other\nlimited period, or for the benefit of two or more persons concurrently for any\nlimited period, and whether absolutely or subject to a trust for accumulation of\nincome for payment of debts or other purpose, or to any other restriction, shall\nbe deemed to be settled land, and the instrument or instruments under which the\ntrust arises shall be deemed to be a settlement; and the person for the time being\nbeneficially entitled to the income of the land, estate or interest aforesaid until\nsale, whether absolutely or subject as aforesaid, shall be deemed to be tenant for\nlife thereof; or if two or more persons are so entitled concurrently, then those\npersons shall be deemed to constitute together the tenant for life thereof; and the\npersons, if any, who are for the time being, under the settlement, trustees for\nsale of the settled land, or having power of consent to, approval of or control\nover the sale, or if under the settlement there are no such trustees, then the\npersons, if any, for the time being, who are by the settlement declared to be\ntrustees thereof for purposes of this Law are for purposes of this Law trustees of\nthe settlement.\n(2) In every such case the provisions of this Law referring to a tenant for life, to a\nsettlement and to settled land, shall extend to the person or persons aforesaid,\nand to the instrument or instruments under which his or their estate or interest\narises, and to the land therein comprised, subject and except that \u2014\n(a)\nany reference in this Law to the predecessors or successors in title of the\ntenant for life, the remaindermen or reversioners or other persons\ninterested in the settled land, shall be deemed to refer to the persons\ninterested in succession or otherwise in the money to arise from sale of the\nland, the income of that money or the income of the land, until sale (as the\ncase may require);\n\nSettled Land Law\nSection 68\n\nc\nRevised as at 30th day of June, 1998\nPage 37\n\n(b) capital money arising under this Law from the settled land shall not be\napplied in the purchase of land unless such application is authorised by the\nsettlement in case of capital money arising thereunder from sales or other\ndispositions of the settled land, but may, in addition to any other mode of\napplication authorised by this Law, be applied in any mode in which\ncapital money arising under the settlement from any such sale or other\ndisposition is applicable thereunder, subject to any consent required or\ndirection given by the settlement with respect to the application of trust\nmoney of the settlement;\n(c)\ncapital money arising under this Law from the settled land and the\nsecurities in which the same is invested, shall not for any purpose of\ndisposition, transmission or devolution, be considered as land unless the\nsame would, if arising under the settlement from a sale or disposition of\nthe settled land have been so considered, and the same shall be held in trust\nfor and shall go to the same persons successively in the same manner, and\nfor and on the same estates, interests and trusts as the same would have\ngone and been held if arising under the settlement from a sale or\ndisposition of the settled land, and the income of such capital money and\nsecurities shall be paid or applied accordingly; and\n(d) land of whatever tenure acquired under this Law by purchase, in exchange\nor on partition, shall be conveyed to and vested in the trustees of the\nsettlement, on the trusts and subject to the powers and provisions which,\nunder the settlement or by reason of the exercise of any power of\nappointment or charging therein contained, are subsisting with respect to\nthe settled land, or would be so subsisting if the same had not been sold,\nor as near thereto as circumstances permit, but so as not to increase or\nmultiply charges or powers of charging.\n(3) In the case of a settlement within the meaning of this section, any consent not\nrequired by the terms of the settlement is not by force of anything contained in\nthis Law to be deemed necessary to enable the trustees of the settlement, or any\nother person, to execute any of the trusts or powers created by the settlement.\n(4) In the case of every other settlement, not within the meaning of this section,\nwhere two or more persons together constitute the tenant for life for the purposes\nof this Law, then notwithstanding anything contained in section 61(2), requiring\nthe consent of all those persons, the consent of one only of those persons is by\nforce of that section to be deemed necessary to the exercise by the trustees of\nthe settlement, or by any other person, of any power conferred by the settlement\nexercisable for any purpose provided for in this Law.\n(5) With respect to the powers conferred by this section the following provisions\nare to have effect \u2014\n(a)\nthose powers are not to be exercised without the leave of the Court;\n\nSection 68\nSettled Land Law\n\nPage 38\nRevised as at 30th day of June, 1998\nc\n\n(b) the Court may, by order, in any case in which it thinks fit, give leave to\nexercise all or any of those powers, and the order is to name the person or\npersons to whom leave is given;\n(c)\nthe Court may, from time to time, rescind or vary any order made under\nthis section, or may make any new or further order;\n(d) so long as an order under this section is in force neither the trustees of the\nsettlement, nor any person other than a person having the leave, shall\nexecute any trust or power created by the settlement, for any purpose for\nwhich leave is by the order given, to exercise a power conferred by\nthis Law;\n(e)\nan order under this section shall be recorded in the Record Office;\n(f)\nany person dealing with the trustees from time to time, or with any other\nperson acting under the trusts or powers of the settlement, is not to be\naffected by an order under this section, unless and until the order is duly\nrecorded as aforesaid;\n(g) an application to the Court under this section may be made by the tenant\nfor life, or by the persons who together constitute the tenant for life, within\nthe meaning of this section;\n(h) an application to rescind or vary an order, or to make any new or further\norder under this section may be made also by the trustees of the settlement\nor by any person beneficially interested under the settlement; and\n(i)\nthe person or persons to whom leave is given by an order under this section\nshall be deemed the proper person or persons to exercise the powers\nconferred by this section, and shall have, and may exercise, those powers\naccordingly.\nPublication in revised form authorised by the Governor in Council this 30th day of\nJune, 1998.\nCarmena H. Parsons\nClerk of Executive Council","akn_extracted_at":"2026-06-22 15:37:36.901815+00","cms_id":"1964-0156","law_type":"principal","year":"1964","number":"156","title":"Settled Land Act","status":"in_force"},"provenance":{"files":[{"file_id":"4949","expr_id":"147","kind":"akn_xml","filename":"1964-0156_1998 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1964\/1964-0156\/1964-0156_1998 Revision.akn.xml","content_md5":"20cbc4bf5cbd6fcf308a2c8901dc332a","byte_size":"90364","http_last_modified":null,"fetched_at":"2026-06-22 15:37:37.569788+00"},{"file_id":"293","expr_id":"147","kind":"pristine_pdf","filename":"1964-0156_1998 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1964\/1964-0156\/1964-0156_1998 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1964\/1964-0156\/1964-0156_1998 Revision.pdf","content_md5":"2ebff16ef11a923d127eb3ceac8d4433","byte_size":"988383","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.980888+00"},{"file_id":"294","expr_id":"147","kind":"working_pdf","filename":"1964-0156_1998 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1964\/1964-0156\/1964-0156_1998 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1964\/1964-0156\/1964-0156_1998 Revision.pdf","content_md5":"2ebff16ef11a923d127eb3ceac8d4433","byte_size":"988383","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.980888+00"}],"paragraph_count":60,"latest_history":null},"quality":{"expr_id":"147","doc_id":"147","quality_state":"needs_review","quality_score":"85","needs_human_review":"t","deterministic_categories":"{page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears mostly clean but shows signs of truncation and possible OCR artifacts requiring verification.","assessed_at":"2026-06-22 15:29:45.322532+00","updated_at":"2026-06-22 15:29:45.322532+00"}}