SETTLED LAND
THE SETTLED LAND ACT
ARRANGEMENT OF SECTIONS
1. Short title.
I. Znterpretation
2. Interpretation.
IL Sale, Exchange, Partition
General Powers and Regulations
3. Powers to tenant for life to sell, etc.
4. Exchanges.
5. Powers of tenant for life.
6. Regulations respecting sale, exchange and partition.
Special Powers
7. Transfer of incumbrances on land sold, etc.
III. Leases
General Powers and Regulations
8. Power for tenant for life to lease for ordinary or building or
9. Leases.
mining purposes.
10. Regulations respecting leases generally.
Building and Mining Leases
11. Regulations respecting building leases.
12. Regulations respecting mining leases.
13. Variation of building or mining lease according to circumstances
14. Effect of grant for building purposes.
15. Part of mining rent to be set aside as capital.
of district.
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2 SETTLED LAND
,
Special Powers
16. Leasing powers for special objects.
Surrenders
17. Surrender and new grant of leases.
IV. Sales, Lmses, and other Dispositions
Streets and Open Spaces
18. Dedication for streets. open spaces, etc.
Surface and Minerals Apart
19. Separate dealing with surface and minerals with or without
wayleaves, etc.
Mortgage
20. Mortgage for equality money, etc.
21. The raising of money.
Undivided Share
22. Concurrence in exercise of powers as to undivided shales.
Conveyance
23. Completion of sale, lease, etc., by conveyance.
V. Investment or other Application of Capital Trust Money
24. Capital money under Act; investment, etc., by trustees or Court.
25. Regulations respecting investment, devolution and income of
26. Investment in land in Jamaica.
27. Settlement of land purchased, taken in exchange, etc.
securities, etc.
Dealings as between Tenant for Life and the. Estate
28. Dealings as between tenant for life and the estate.
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SETTLED LAND 3
VI. Zmprovements
Zmprovements with Capital Trust Money
29. Description of improvements authorized by Act.
30. Approval by Court of scheme for improvement and payment
3 1. Concurrence in improvements.
32. Obligation on tenant for life and successors to maintain, insure,
33. Payment out of court of capital money.
34, Court may order payment for improvements executed.
thereon.
etc.
Execution and Repair of Zmprovements
35. Protection as regards waste in execution and repair of improve-
ments.
I
Zmprovement of Land
36. What included.
VII. Contracts
37. Power for tenant for life to enter into contracts.
WlI. Miscellaneous Provisions
38. Application of money in murt under Lands Clauses Act and
39. Application of money in hands of trustees under powers of
40. Application of money paid for lease for reversion.
41. Cutting and sale of timber and part of proceeds to be set aside.
42. Proceeding for protection or recovery of land settled or claimed
43. Heirlooms.
other enactments.
settlement.
to be settled.
Tx. Trustees
44. Appointment of trustees by Court.
45. Trustees for the purposes of this Act.
46. New trustees appointed under the Trustee Act.
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I
4 SETTLED LAND
47. Number of trustees to act.
48. Trustees’ receipts.
49. Protection of each trustee individually.
50. Protection of trustees generally.
51. Trustees’ reimbursement.
52. Reference of differences to Court.
53. Notice to trustees.
X . Court; Procedure
54. Regulations respecting payments into court, applications, etc.
55. Payment of costs out of settled property.
XI. Restrictions, Savings and General Provisions
56. Powers not assignable; contract not to exercise powers void.
57. Prohibition or limitation against exercise of powers void.
58. Provision against forfeiture.
59. Tenant for life trustee for all parties interested.
60. General protection of purchasers, etc.
61. Exercise of powers, limitation of provisions, etc.
62. Saving for other powers.
63. Additional or larger powers by settlement.
Definition of instrument creating settlement.
XII. Limited Owners Generally
64. Enumeration of other limited owners to have powers of tenant
for life.
XIII. Infants; Married Women; Lunatics
65. Infant absolutely entitled to be as tenant for life.
66. Tenant for life, infant.
67. Married woman how to be affected.
68. Tenant for life, lunatic.
XIV. Settlement by Way of Trusts for Sale
69. Provision for case of trust to sell and re-invest in land.
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SETTLED LAND 5
XV. Powers of Administrator-General
70. Administrator-General when appointed trustee to have all the
71. Administrator-General not disqualified as trustee by reason of
powers of trustees under this Act.
official interest.
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I ,,
SETTLED L A N Q 7
cap. 3%
Law
43 of 1955.
A&
33 of 1965
S. 16,
THE SElTLED LAND ACT
(of1981
S. 17,
32 of 1995
[Zst June, 1888.1
~.
s. 3.
1. This Act may be cited as the Settled Land Act. Short title.
I. Interpretation
a “building lease” is a lease for any building purpose or
“building purposes” includes, the erecting and the improving
“the Court” means the Supreme Court;
“he” includes premium or fore-gift, and any payment,
consideration, or benefit in the nature of a fine, pre-
mium, or fore-gift;
2 .41 ) In this Act-
purposes connected therewith;
of, and the adding to, and the repairing of buildings;
“income” includes rents and profits;
“land” includes incorporeal hereditaments, also an un-
divided share in land;
“mines and minerals’’ means mines and minerals whether
already opened or in work or not, and include a11
minerals and substances (other than such minerals,
mineral oil and substances as may be vested in thz
Crown) in, on, or under the land, obtainable by under-
ground or by surface working;
a “mining lease” is a lease for any mining purposes or
purposes connected therewith, and includes a grant or
licence for any mining purposes;
“mining purposes” includes the sinking and searching for,
winning, working, getting, making merchantable,
smelting or otherwise converting or working for the
purposes of any manufacture, carrying away, and
-_ ____ - - _- ._ _ _ - -
-on of dhis palps is auhorizcd Cby1L.N. 95119971
Interpreta-
tion.
8 SETTLED LAND
disposing of mines and minerais, in or under the settled
land, or any other land, and the erection of buildings,
and the execution of engineering and other works suit-
able for those purposes;
“payment in relation to rent” includes delivery;
“possession” includes receipt of income;
“rent” includes yearly or other rent, and toll, duty, royalty,
or other reservation, by the acre or the ton or otherwise;
“securities” includes stocks, funds, and shares;
“trust corporation” means a corporation declared to be a
trust corporation for the purposes of the Judicature
lTrus t Corporations) Act;
“will” includes codicil, and other testamentary instrument,
and a writing in the nature of a will.
(2) Any deed, will, agreement for a settlement or
other agreement, covenant to surrender, Act of the United
Kingdom Parliament, or enactment of this Island or other
instrument, or any number of instruments, whether made or
passed before or after, or partly before and partly after,
the commencement of this Act, under or by virtue of which
instrument or instruments, any land, or any estate or interest
in land, stands for the time being limited to or in trust for
any persons by way of succession, creates or is for purposes
of this Act a settlement, and is in this Act 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’s heir, is for purposes of this
Act an estate or interest coming to the settlor or heir under
or by virtus 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 Act
43 1955
s. 2.
_- ___
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SETTLED LAND 9
settled land, and is, in relation to the settlement, referred
to in this Act as the settled land.
(5) The determination of the question whether land
is settled land, for purposes of this Act or not, is governed
by the state of facts, and the limitations of the settlement,
at the time of the settlement taking effect.
(6) The person who is for the time being, under a
settlement, beneficially entitled to possession of settled land,
for his life, is for purposes of this Act 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, or as joint tenants, or for
other concurrent estates or interests, they together con-
stitute the tenant for life for purposes of this Act.
(8) A person being tenant for life within the fore-
going definitions shall be deemed to be such notwithstand-
ing 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 Act, are for purposes of this Act trustees
of the settlement.
(10) Capital money arising under this Act, and
receivable for the trusts and purposes of the settlement, is
in this Act referred to as capital money arising under this
Act.
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10 SETTLED LAND
n. Sale: Exchange: Partition
General Powers and Regulations
Powers to
etc.
3. A tenant for life-
(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; and
(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, in-
cluding a partition in consideration of money paid
for equality of partition.
tenant for
life to sell,
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.
Powersof 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.
tenant for
life.
Regulations
and
6.4) Every sale shall be made at the best price that
can reasonably be obtained.
(2) Every exchange and every partition shall be made
for the best consideration in land or in land and money that
can reasonably be obtained.
respecting
sale,
exchange
partition.
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SETTLED LAND 11
(3) A sale may be made in one lot or in several lots,
and either by auction or by 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, or 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
covenant, 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 Jamaica shall not be given in
exchange for land out of Jamaica.
Special Powers
7. Where on a sale, exchange, or partition there is an Transferof
incumbrance affecting land sold or given in exchange or branceson
on partition, the tenant for life, with the consent of the etc.
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.
mcum-
land sold,
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12 SETTLED LAND
Power for
tenant for
life to lease
for ordinary
or building
or trunmg
purposes.
Leases.
Regulations
leases
generally.
TII. Leases
General Powers and Regulations
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 exceed-
(a) in case of a building lease, ninety-nine years;
(b) in case of a mining lease, sixty years;
(c) in case of any other lease, twenty-one years.
ing-
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 punish-
ment for waste, may be made by a tenant for life-
(i) notwithstanding that there may be no trustees
of the settlement for the purposes of this Act;
and
(ii) by writing under hand only containing an agree-
ment instead of a covenant by the lessee for pay-
ment of rent in cases where the term does not
extend beyond three years from the date of the
writing.
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.
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SETTLED LAND 13
(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 in-
dorsement thereon, signed by the tenant for life, respecting
any matter of fact, or of calculation under this Act in
relation to the lease, shall, in favour of the lessee and of
those claiming under him, be sufficient evidence of the
matter stated.
Building and Mining Leases
11.-(1) Every building lease shall be made partly in Regulations
respecting consideration of the lessee, or some person by whose direc- building
tion the lease is granted, or some other person, having leases.
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 authorized
by this Act, for or in connection with building purposes.
(2) A pepper corn 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
Iots, the entire amount of rent to be ultimately payable may
be apportioned among the lots in any manner; save that- .
(a) the annual rent reserved by any lease shall not
be less than one dollar; and
(b) the total amount of the rents reserved on all leases
for the time being granted shall not be less than
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14 SETTLED LAND
Regulations
respecting
minmg
leases.
. Variation of
building or
mining lease
according to
arcurn-
stances of
district.
the total amount of the rents which, in order that
the leases may be in conformity with this Act,
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 one-
fifth part of the full annual value of the land
comprised in that lease with the buildings thereon
when completed.
1 2 . 4 1) In a mining lease-
(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, authorized by this Act
for or in connection with mining purposes.
13.-(1) Where it is shown to the Court with respect to
(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 Act,
or in perpetuity; or
the district in which any settled land is situated, either-
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SETTLED LAND 15
(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 Act, or except in perpetuity,
the Court may, if it thinks fit, authorize 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,
authorize the tenant for life to make any such lease or grant
in any particular case.
(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 Act,
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.
14. Where on a grant for building purposes by a tenant Effectof
for life, the land is expressed to be conveyed in fee simple tuilding
with or subject to a reservation thereout of a perpetual rent purposes.
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 section 46 of the Conveyanc-
ing Act, and the rent-charge so created shall go and remain
to the uses of the trusts and subject to the powers and provi-
sions which, immediately before the conveyance, were
subsisting with respect to the land out of which it is reserved.
rant for
15. Under a mining lease, whether the mines or minerals Partof
leased are already opened or in work or not, unless a tobeset
contrary intention is expressed in the settlement, there shall z$$;
mining rent
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16 SETTLED LAND
be from time to time set aside, as capital money arising
under this Act, part of the rent as follows, namely, where the
tenant for life is impeachable for waste in respect of
minerals, three-fourths part of the rent, and otherwise one-
fourth part thereof, and in every such case the residue of the
rent shall go as rents and profits.
Special Powers
Leasing
powers for
spcial making of-
16. The leasing power of a tenant for life extends to the
objects.
~
(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; and
(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 Act, or otherwise, as
the case may require.
Surrenders
17.-(1) A tenant for life may accept, with or without
consideration, a surrender of any lease of settled land,
whether made under this Act or not, in respect of the whole
land leased, or any part thereof, with or without an excep-
tion of all or any of the mines and minerals therein, or in
respect of mines and minerals, or any of them.
Surrender
fk',":f
and new
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SETTLED LAND 17
(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 appor-
tioned 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’s 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 Act.
IV. Sales, Leases, and other Dispositions
Streets and Open Spaces
purposes, or a building lease, the tenant for life, for the
general benefit of the residents on the settled land, or on etc.
any part thereof-
(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, watercourses,
18. On or in connection with a sale or grant for building Dedication
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18 SETTLED LAND
a
fencing, paving, or other works necessary or proper
in connection therewith; and
may provide that the parts so appropriated shall
be conveyed to or vested in the trustees of the
settlement, or other trustees, or 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 appoint-
ment of new trustees when required; and
may execute any general or other deed necessary
or proper for giving effect to the provisions of
this section (which deed shall be recorded in the
Record Office of this Island), and thereby declare
the mode, terms, and conditions of the appro-
priation, and the manner in which and the per-
sons by whom the benefit thereof is to be enjoyed,
and the nature and extent of the privileges and
conveniences granted.
Surface and Minerals Apart
Separate 19.41) A sale, exchange, partition, or mining lease,
surfaceand may be made either of land, with or without an exception
w:lthor or reservation of all or any of the mines and minerals
cF;LEy- 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.
dealing with
minerals
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SETTLED LAND 19
Mortgage
20. Where money is required for equality of exchange Mortgage
or partition, the tenant for life may raise the same on mort- equality
gage of the settled land, or of any part thereof, by money*etc*
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 Act.
for
21.--(1) Where money is required for the purpose of meraising
of money. discharging an incumbrance on the settled land or part there-
of, 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 this section
shall not include any annual sum payable only during a
life or lives or during a term of years absolute or deter-
minable.
Undivided Share
22. Where the settled land comprises an undivided share .concuqcnce
in land, or, under the settlement, the settled land has come ofpowenar
to be held in undivided shares, the tenant for life of an z E t ~ d "
undivided share may join or concur in any manner and to
any extent necessary or proper for any purpose of this Act,
with any person entitled to or having power or right of
disposition of or over another undivided share.
m exeruse
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20 SETTLED LAND
Come yance
Corn letion
lease,&,
bycon- veya ce.
23.41) 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.
of safe
i .
... . - c .
. . . .~
. I
~ . . . .
(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 Act, 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-
(a) all estates, interest, and charges having priority
to the settlement; and
(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 other-
wise, and all grants of easements, rights of com-
mon, or other rights or privileges granted or made
for value in money or money’s worth, or agreed
so to be, before the date of the deed, by the tenant
for life, or 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 successors in title of the tenant for
life.
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SETTLED LAND 21
(3) Conveyances executed under this Act shall be
recorded in the Record Office within six months of their
execution.
V . Investment or other Application of Capital
Trust Money
24.-(1) A fine received on the grant of a lease under Capital
any power conferred by this Act is to be deemed capital WderAct; money
investment,
etc., by
trustees or
money arising under this Act.
(2) Capital money arising under this Act, subject court.
to payment of claims properly payable thereout, and to
application thereof for any special authorized 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-
(a) in investment on Government securities of Great
Britain or of this Island, or on other securities
on which the trustees of the settlement are by the
settlement or by law authorized 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 the Parliament of the United Kingdom, and
having for ten years next before the date of invest-
ment 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 incum-
brances affecting the inheritance of the settled land,
or other the whole estate the subject of the settle-
ment, or of property tax, Crown rent, chief rent,
or quit rent, charged on or payable out of the
settled land;
[The inclusion of this page is authorized by L.N. 480/1973]
22 SETTLED LAND
in payment for any improvement authorized by
this Act;
in payment for equality of exchange or partition
of settled land;
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;
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 excep-
tion 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;
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 con-
venient 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 dis-
charge;
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 Act;
in any other mode in which money produced by
the exercise of a power of sale in the settlement
is applicable thereunder.
Regulations 25.-(1) Capital money arising under this Act shall, in
investment, order to its being invested or applied as aforesaid, be paid
and income either to the trustees of the settlement or into court, at the
ofsecurities, option of the tenant for life, and shall be invested or applied
respecting
etc. _ ._
m e inclusion of this page is authorized by L.N. 4801 19731
SETTLED LAND 23
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
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 applica-
tion 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 Act 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 devolu-
tion, 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 Act.
26. Capital money arising under this Act from settled Investment
in land in land in Jamaica shall not be applied in the purchase of land Jamaica.
[The inclusion of this page is authorized by L.N. 480/1973]
24 SETTLED LAND
out of Jamaica, unless the settlement expressly authorizes
the same.
Settlement
purchased,
taken exchange, in
etc.
27.41) Land acquired by purchase or 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 circum-
stances 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 andmbject to which freehold land is
to be conveyed as aforesaid; so nevertheless that the benefi-
cial 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, or in tail male, or in tail female,
and who dies under the age of twenty-one 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 sub-
stituted security for any charge in respect of money actually
raised, and remaining unpaid, from which the settled
land, or 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
of land
[The inclusion of this page is authorized by L.N. 4801 19733
SETTLED LAND 25
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 rela-
tion to land.
Dealings as between Tenant for Life and the Estate
28. Where a sale of settled land is to be made to the Dtalingsas
tenant for life, or a purchase is to be made from him of land tenantfor between
to be made subject to the limitations of the settlement, or an gd the
exchange is to be made with him of settled land for other estate.
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.
VI. Improvements
Improvements with Capital Trust Money
29. Improvements authorized by this Act are the making Description
of settled land, of any of the following works, or of any Gyarized
works for any of the following purposes, and any operation
incident to or necessary or proper in the execution of any
or execution on, or in connection with, and for the benefit of merits improve
[The inclusion of this page is authorized by L.N. 4801 19731
26 SETTLED LAND
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-
drainage, including the straightening, widening,
or deepening of drains, streams, and water-
courses;
irrigation; warping;
drains, pipes, and machinery for supply and
distribution of sewage as manure;
embanking or weiring from a river or lake, or
from the sea, or a tidal water;
groynes; sea walls; defences against water;
inclosing; straightening of fences; redivision of
fields;
reclamation; dry warping;
farm and plantation roads; private roads, roads
or streets in villages or towns;
clearing, trenching; planting
cottages for labourers, farm and plantation ser-
vants, and artisans, employed on the settled land
or not;
plantation buildings, farm houses, offices, and
outbuildings, and other buildings, for plantation
and farm purposes;
saw-mills, scutch-mills, sugar mills, coffee mills
and other mills, water-wheels, 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;
reservoirs, tanks, conduits, watercourses, pipes,
wells, ponds, shafts, dams, weirs, sluices, and
other works and machinery for supply and distri-
Trha inclusion of this page is authorized by L.N. 480/1973]
SETTLED LAND 27
bution of water for agricultural, manufacturing,
or other purposes, or for domestic or other con-
sumption;
(xiv) tramways, railways, canals, docks;
(xv) jetties, piers and landing places on rivers, lakes,
the sea, or tidal waters, for facilitating transport
of persons and of agricultural stock and produce,
and of manure and other things required for
agricultural purposes and of minerals, and of
things required for mining purposes;
(xvi) markets and market-places;
(xvii) streets, roads, paths, squares, gardens, or other
open spaces for the use, gratuitously or on pay-
ment, of the public or of individuals, or for dedi-
cation to the public, the same being necessary or
proper in connection with the conversion of land
into building land;
(xviii) sewers, drains, watercourses, pipe-making,
fencing, paving, brick-making, tile-making and
other works necessary or proper in connection
with any of the objects aforesaid;
(xix) trial pits for mines, and other preliminary works
necessary or proper in connection with develop-
ment of mines;
(xx) reconstruction, enlargement, or improvement of
(xxi) bridges;
(xxii) additions to or alterations in buildings reason-
ably necessary or proper to enable the same to
be let;
any of those works;
(xxiii) 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
--
me inclusion of this page is authorized by L.N. 480/1973]
28 SETTLED LAND
money shall be expended than the amount
received for the buildings taken and the site
thereof.
Approvalby
court of
schemefor
improve
mentand
payment
thereon.
30.-(1) Where the tenant for life is desirous that capi-
tal money arising under this Act shall be applied in or
towards payment for any improvement authorized by this
Act, 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, shewing 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 pay-
ment for the whole or part of any work or operation
comprised in the improvement, on-
(U) a certificate of a competent engineer or 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 on
(b) an order of the Court directing or authorizing the
trustees to so apply a specified portion of the
capital money.
(3) Where the capital money to be expended is in
court, then, after a scheme is approved by the Court, the
Court may, if it thinks fit, ona 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,
me inclusion of this page is authorized by L.N. 480/1973]
SETTLED LAND 29
or any part thereof, in or towards payment for the whole
or part of any work or operation comprised in the improve-
ment.
31. The tenant for life may join or concur with any other encurrence
m improve- person interested in executing any improvement authorized ments.
by this Act, or in contributing to the cost thereof.
32.41) The tenant for life, and each of his successors Obligation
in title having, under the settlement, a limited estate or l i fead
interest only in the settled land, shall, during such period, ~ a ~ ~ ~ ~ f o
if any, as the Court in any case may order, maintain and insm.e*c.
repair, at his own expense, every improvement executed
under the foregoing provisions of this Act, and where a
building or work in its nature insurable against damage
by fire is 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 Act.
(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
Act, 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 circum-
stances appear to require, but not so as to increase the
liabilites of the tenant for life, or any of his successors as
aforesaid.
on tenant for
[The inclusion of this page is authorized by L.N. 480/ 1973)
30 SETTLED LAND
Payment out
of court of
capital
money.
Court may
order pay-
ment for im-
provements
executed.
Protection
as regards
waste in
execution
and repair
of improve-
ments.
( 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 contraven-
tion 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.
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 Act.
34. The Court may, in any case where it appears proper,
make an order directing or authorizing capital money to be
applied in or towards payment for any improvement
authorized by this Act notwithstanding that a scheme was
not, before the execution of the improvement, submitted for
approval, as required by this Act.
Execution and Repair of Improvements
35. The tenant for Me, 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 authorized
by this Act, or inspect, maintain, and repair the same, and,
for the purposes thereof, on the settled land, do, make and
use all acts, works and conveniences proper for the execu-
tion, maintenance, repair and use thereof, and get and work
freestone, limestone, clay, sand, and other substances and
make tramways and other ways and bum and make bricks,
me inclusion of this page is authorized by L.N. 480/1973]
SETTLED LAND 31
tiles, and other things, and cut down and use timber and
other trees not planted or left standing for shelter or
ornament.
Improvement of Land
36. Improvement of or to land shall include all or any What
of the following matters- included.
(a) the drainage of land, and the straightening,
widening, deepening, or otherwise improving the
drains, streams and watercourses of any kind;
(b) the irrigation and warping of land;
(c) the embanking and weiring of land from the sea
or tidal waters, or from lakes, rivers, or streams,
in a permanent manner;
(d) the inclosing of lands, the making of dividing
fences and the straightening of fences and redivi-
sion of fields and the surveying and running of
lines;
(e) the reclamation of land, including all operations
necessary thereto;
(f> the 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) the clearing of land;
(h) the erection of labourers’ cottages, plantation and
farmhouses, and other buildings required for
plantation and farm purposes, and the improve-
ment of and addition to labourers’ cottages, works,
houses and other buildings for plantation and
farm purposes already erected so as such improve-
ments or additions be of a permanent nature;
m e inclusion of this page is authorized by L.N. 480/1973]
32 SETTLED LAND
( i ) planting for shelter;
( j ) the constructing or erecting of any engine-houses,
stills, watenvheels, 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) the construction or improvement of jetties or land-
ing places on the sea coast, or on the banks of
navigable rivers or lakes, for the transport of cattle,
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;
( I ) 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.
VI1. Contracts
Power for
life to enter
37.41) A tenant for life-
tenant for
into
contracts.
(a) may contract to make any sale, exchange, partition,
mortgage, or charge; and
(b) may vary or rescind, with or without consideration,
the contract, in the like cases and manner in which,
if he were absolute owner of the settled land, he
might lawfully vary or rescind the same, but so
that the contract as varied be in conformity with
m e inclusion of this page is authorized by L.N. 480119731
SETTLED LAND
I
I
33
this Act; and any such consideration, if paid in
money, shall be capital money arising under this
Act; and
(c) may contract to make any lease; and in making
the lease may vary the terms, with or without
consideration, but so that the lease be in con-
formity with this Act; and
(d) may 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; and
(e) may enter into a contract for or relating to the
execution of any improvement authorized by this
Act, and may vary or rescind the same; and
(fl may, in any other case, enter into a contract to
do any act for carrying into effect any of the
purposes of this Act, and may vary or rescind the
same.
(2) Every contract shall be binding on and shall
enure for the benefit of the settled land, and shall be en-
forceable 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.
(3) The Court may, on the application of the tenant
for life, or of any such successor, or of any person interested
in any contract, give directions respecting the enforcing,
carrying into effect, varying, or rescinding thereof.
I
me inclusion of this page is authorized by L.N. 480/1973]
i
34 SETTLED LAND
A plication
oPmoney m
court under
Lands
Clauses Act
and other
enactments.
(4) Any preliminary contract under this Act for
or relating to a lease shall not form part of the title or
evidence of the title of any person to the lease, or to the
benefit thereof.
VIII. Miscellaneous Provisions
38. Where, under any enactment incorporating or apply-
ing wholly or in part, the Lands Clauses Act, or under any
other enactment, public, local, personal, or private money
is at the commencement of this Act in court, or is afterwards
paid into court, and is liable to be laid out in the purchase of
land to be made subject to a settlement, then, in addition
to any mode of dealing therewith authorized by the enact-
ment under which the money is in court, that money may be
invested or applied as capital money arising under this Act,
on the like terms, if any, respecting costs and other things,
as nearly as circumstances admit, and notwithstanding any-
thing in this Act according to the same procedure, as if the
modes of investment or application authorized by this Act
were authorized by the enactment under which the money is
in court.
A plication
handsof
' trustees under
powersof
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 therewith as the trustees have
independently of this Act, they may, at the option of the
tenant for life, invest or apply the same as capital money
40. Where capital money arising under this Act 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
otmoney m
settlement.
I
i arising under this Act.
A plication
reversion.
ol'mone y
I
I
[The inclusion of this page is authorized by L.N. 480119731
SETTLED LAND 35
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 Act, 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.
41.--(1) Where a tenant for life is impeachable for waste Cuttingand
in respect of timber, and there is on the settled land timber timberand
ripe and fit for cutting, the tenant for life, on obtaining the p ~ ~ s t o
Court, may cut and sell that timber, or any part thereof.
(2) Three-fourths part of the net proceeds of the
sale shall be set aside as and be capital money arising under
this Act, and the other fourth part shall go as rents
and profits.
sale of
consent of the trustees of the settlement or an order of the E esetaside-
42. The Court may if it thinks fit, approve of any action, proceeding
for protec-
defence, petition to the Parliament, legislative opposition, or ti on or
other proceeding taken or proposed to be taken for protec- i z ! d q
tion of settled land or of any action or proceeding taken or
proposed to be taken for recovery of land being or alleged besettled.
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.
settled or
claimed to
43.41) Where personal chattels are settled on trust so Heirlooms.
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 other-
wise 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.
me Musion of this page is authorized by LN. 480/1973]
36 SETTLED LAND
(2) The money arising by the sale shall be capital
money arising under this Act, and shall be paid, invested,
or applied and otherwise dealt with in like manner in all
respects as by this Act directed with respect to other capital
money arising under this Act, 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.
IX. Trustees
Appoint-
trustees
byawe
44.-(1) If at any time there are no trustees of a settle-
ment within the definition in this Act, or where in any other
case it is expedient, for purposes of this Act, 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 Act.
ment of
(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 purposes
of this Act become and be the trustees or trustee of the
settlement.
TmCafor
of&sAct.
45. Where there are for the time being no trustees of
the settlement within the meaning and for the purposes
of this Act, then the following persons shall, for the pur-
the urposes
[The inclusion of this page is authorized by L.N. 480119731
SETTLED LAND
poses of this Act be deemed trustees of the settlement,
37
namely-
(i)
(ii)
46. All
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 limita-
tions as the land to be sold, or with power to
consent to or approve of the exercise of such
power of sale, or, if there be no such persons,
then
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.
the powers and provisions contained in the Newtrustees
trustees, and the discharge and retirement of trustees, shall Trustee Act*
apply to and include trustees for the purposes of this Act
whether appointed by the Court or by the settlement, or
under provisions contained in the settlement.
Trustee Act with reference to the appointment of new underthe appointed
47.-(1) Notwithstanding anything in this Act, capital Number
money arising under this Act shall not be paid to fewer than of toact. trustees
two persons as trustees of a settlement, unless the settlement
authorizes the receipt of capital trust money of the settle-
ment by one trustee or unless the trustee is a trust corpora- 43/igfis
tion.
(2) Subject thereto, the provisions of this Act
referring to the trustees of a settlement apply to the
surviving or continuing trustees or trustee of the settlement
for the time being.
s. 3.
me inclusion of this page is authorized by L.N. 480/1973]
38 SETTLED LAND
Trustees’
43/1955
s. 4.
48. 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 Act, or
that no more than is wanted is raised.
receipts.
Protection
trusteein-
dividually.
49. 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.
of each
Protection
of trustees
generally.
50. 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
Act, 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
me inclusion of this page is authorized by L.N. 480/1973]
SETTLED LAND 39
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.
51. The trustees of a settlement may reimburse themselves Trustees’
reirnburse- or pay and discharge out of the trust property all expenses merit.
properly incurred by them.
52. If at any time a difference arises between a tenant Referenceof
differences
for life and the trustees of the settlement respecting the t 0 Court.
exercise of any of the powers of this Act, or respecting
any matter relating thereto, the Court may, on the applica-
tion of either party, give such directions respecting the
matter in difference and respecting the costs of the applica-
tion as the Court thinks fit.
53.-( 1) A tenant for life, when intending to make a sale, N O ~ ~ W to
exchange, partition, lease, mortgage, or charge shall give trustees.
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 Jamaica, and shall
give like notice to the solicitor for the trustees, if any such
solicitor is known to the tenant for life, by posting a
registered letter containing the notice, addressed to the
solicitor at his place of business in Jamaica, 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.
me inclusion of this page is authorized by L.N. 480/1973]
SETTLED LAND
(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 month's notice.
X. Court; Procedure
Regulations 54.-(1) All matters within the jurisdiction of the Court
reswing
payments
Into applications, the Court, and to the practice of the Court.
under this Act shall be subject to the enactments regulating
etc. (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.
(4) On an application by the trustees of a settle-
ment 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 applica-
tion, and may, if it thinks fit, order that all or any of those
me inclusion of this page is authorized by LN. 480119731
SETTLED LAND 41
costs, charges, or expenses be paid out of property subject
to the settlement.
(7) General rules for purposes of this Act shall be
deemed rules of court, and may be made accordingly.
(8) The powers of the Court may as regards land
not exceeding in capital value four hundred and fifty thou- L.N.
this Act, and securities in which the same is invested, not
exceeding in amount or value four hundred and fifty thou- $:b.
sand dollars, and as regards personal chattels settled or to
be settled, as in this Act mentioned, not exceeding in value
four hundred and fifty thousand dollm, be exeroised by a );yb.
Resident Magistrate's Court within the parish whereof is
situated any part of the land which is to be dealt with
in the Court, or from which the capital money to be dealt
with in the Court arises under this Act, or in connection
with which the personal chattels to be dealt with in the
Court are settled.
sand dollars and, as regards capital money arising under 911999.
(9) The Minister responsible for justice may, by W1995
order subject to affirmative resolution, increase the monetary s. 3.
jurisdictional level of the Resident Magistrate's Court under
subsection (8).
55. Where the Court directs that any costs, charges, or Paymentof
expenses be paid out of property subject to a settlement, g$ztof
the same shall, subject and according to the directions of the p r o m .
Court, be raised and paid out of capital money arising under
this Act, 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
frhe inclusion of this page is authorized by L.". 3/2001]
S E T T U D 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 meansof 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.
X I . Restrictions, Savings and General
Provisions
~owcrsnot 56.-(1) The powers under this Act of a tenant for life
wignable;
mntractnot are not capable of assignment or release, and do not pass
to O X ~ c i W potRarvoid. 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 Act is void.
(3) But 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
or interest of the tenant for life; and in that case the
assignee’s rights shall not be affected without his consent,
except that, unless the assignee is actually in possession
of the settIed 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 Act.
(4) This section extends to assignments made or
coming into operation before or after and to acts done
me inclusion of this page is authorized by L.N. 3/2001]
SETTLED LAND 43
before or after the commencement of this Act; and iii 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 2 2 2 - n
consideration of marriage or as part or by way of any family ment
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.
arrangement, not being a security for payment of money creating settlement.
(6) Subsection (5 ) shall apply and have effect with
respect to every disposition unless inconsistent with the
nature or terms of such disposition.
57.-(1) If in a settlement, will, assurance, or other Prohibition or hmtation
before and partly after the commencement of this Act a powenvoid. exercise f
instrument executed or made before or after, or partly against
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 Act, 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 Act, 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 this section an estate or
interest limited to continue so long only as a person
[The inclusion of this page i s authorized by L.N. 951 19971
44 SETTLED LAND
abstains from exercising any power shall be and take effect
as an estate or interest to continue for the period for which
it would coiitinue if that person were to abstain from
exercising the power, discharged from liability to deter-
mination or cesser by or 011 his exercising the same.
Provision 58. Notwithstanding anything in a settlement, the
forfeiture. exercise by the tenant €or life of any power under this Act
shall not occasion a forfeiture.
against
Tenantfor
for all
partiCS
Interestd.
59. A tenant for life shall, in exercising any power under
this Act, 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.
life trustee
General 60. On a sale, exchange, partition, lease, mortgage, or
purchasers, 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 Act.
protection of
etc.
Exm-of 61.---(1) Powers and authorities conferred by this Act
Ez%nof on a tenant for life or 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 Act refers to sale,
purchase, exchange, partition, leasing, or other dealing,
or to any power, consent, payment, receipt, deed assurance,
provisions.
etc.
[The inclusion of this page is authorized by L.N. 95/ 19971
SETTLED LAND 45
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 Act.
62.-(1) Nothing in this Act shall take away, abridge, Savingfor
or prejudicially affect any power for the time being subsist- other
ing under a settlement, or by statute or otherwise, exercis-
able 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 Act are cumulative.
(2) But, in case of conflict between the provisions
of a settlement and the provisions of this Act, relative to
any matter in respect whereof the tenant for life exercises
or contracts or intends to exercise any power under this Act
the provisions of this Act shall prevail; and, accordingly,
notwithstanding anything in the settlement, the consent of
the tenant for life shall, by virtue of this Act, 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 Act.
(3) If a question arises, or a doubt is entertained,
respecting any matter within this section, the Court may,
on the application of the trustees of the settlement, or of
the tenant for life, or of any other person interested, give
its decision, opinion, advice, or direction thereon.
63.-( 1) Nothing in this Act shall preclude a settlor from Additional
conferring on the tenant for life, or the trustees of the settle-
ment, any powers additional to or larger than those m ~ ~ m e ~ ~ t .
conferred by this Act.
or larger
(2) Any additional or larger powers so conferred
shall, as far as may be, notwithstanding anything in this
Act, operate and be exercisable in the like manner, and
with all the like incidents, effects, and consequences, as if
p h e inclusion of this page is authorized by L.N. 9.51 1997
46 SETTLED LAND
they were conferred by this Act, unless a contrary intention
is expressed in the settlement.
XII. Limited Owners Generally
Enumeration 6 4 . 4 1 ) Each person as follows shall, when the estate
limited or interest of each of them is in possession, have the powers
havepowen, of a tenant for life under this Act, as if each of them were
for life, a tenant for life as defined in this Act, namely-
of other
owners to
of tenant
a tenant in tail, including a tenantin 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 Act shall bind the Crown, but
not including such a tenant in tail where the land
in respect whereof he is so restrained was pur-
chased with money provided by the Parliament of
the United Kingdom or by the Legislature of
Jamaica in consideration of public services;
a tenant in fee simple, with an executory limita-
tion, gift or disposition over, on failure of his issue,
or in any other event;
a person entitled to a base fee, although the rever-
sion is in the Crown, and so that the exercise by
him of his powers under this Act shall bind the
Crown;
a tenant for years determinable on life, not hold-
ing merely under a lease at a rent;
a tenant for the life of another, not holding merely
under a lease at a rent;
a tenant for his own or any other life, or for years
determinable on life, whose estate is liable to cease
in any event during that life, whether by expiration
of the estate, or by conditional limitation, or
otherwise, or to be defeated by an executory
limitation, gift, or disposition over, or is subject
to a trust for accumulation of income for payment
of debts or other purpose;
[The inclusion of this page is authorized by L.N. 951 19971
SETTLED LAND 47
(g) a tenant in tail after possibility of issue extinct;
.
(h) a tenant by the curtesy, which is to be deemed
for the purposes of this Act an estate arising under
a settlement made by his wife;
(0 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, or 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 Act
referring to a tenant for life, either as conferring powers
on him or otherwise, and 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 Act to
death as regards a tenant for life shall, where necessary,
be deemed to refer to the determination by death or other-
wise of such estate or interest as last aforesaid.
XIII. Infants; Married Women; Lunatics
65. Where a person who is in his own right seised of or Znf.nt
entitled in possession to land, is an infant, then for purposes =g
of this Act the land is settled land, and the infant shall be bewtenant
deemed tenant for life thereof. for life.
66. Where a tenant for life, or a person having the Tenatfor
powers of a tenant for life under this Act, 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 Act, the
powers of a tenant for life under this Act 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
l?h6 bdusion of this page ir authorized by L.N. 4&0(1973]
48 SETTLED LAND
Court, on the application of a testamentary or other
guardian or next friend of the infant, either generally or in
a particular instance, orders.
Married
howtobe
. 67.41) The foregoing provisions of this Act 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, with-
out her husband, may exercise the powers of a tenant for
life under this Act.
(2) A restraint on anticipation in a settlement shall
not prevent the exercise by her of any power under this
Act.
woman
Tenantfor
lunatic.
68. Where a tenant for life, or a person having the powers
of a tenant for life under this Act, 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 Act, and the order may
be made on the petition of any person interested in the
settled land, or of the committee of the estate.
life,
XIV. Settlement by Way of Trusts for Sale
Provision 69.41) Any land, or any estate or interest in land, which
trust to sell under or by virtue of any deed, will, or agreement, covenant
in land. 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, or the income of that
money, or 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
for case of
me inclusion of this page is authorized by L.N. 480/1973]
SETTLED LAND 49
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, or 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 Act are for purposes of this Act trustees
of the settlement.
(2) In every such case the provisions of this Act
referring to a tenant for life, and to a settlement, and to
settled land, shall extend to the person or persons afore-
said, and to the instrument or instruments under which
his or their estate or interest arises, and to the land there-
in comprised, subject and except as in this section provided,
that is to say-
(a) Any reference in this Act to the predecessors or
successors in title of the tenant for life, or to 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, or the income of that money, or the income
of the land, until sale (as the w e may require).
(b) Capital money arising under this Act from the
settled land shall not be-applied in the-purchase
of land unless such application is authorized by
the settlement in case of capital money arising
thereunder from sales or other dispositions of the
[The inclusion of this page is authorized by LN. 480/ 1973)
SETTLED LAND
settled land, but may, in addition to any other
mode of application authorized by this Act, be
applied in any mode in which capital money
arising under the settlement from any such sale
or other disposition is applicable thereunder, sub-
ject 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 Act from the
settled land and the securities in which the same
is invested, shall not for any purpose of disposi-
tion, transmission, or devolution, be considered
as €and 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.
.
(d) Land of whatever tenure acquired under this Act
by purchase, or in exchange, or on partition, shall
be conveyed to and vested in the trustees of the
settlement, on the trusts, and subject to the powers
and provisions which, under the settlement or by
reason of the exercise of any power of appointment
or charging therein contained, are subsisting with
resped to the settled hd, or would be so subsist-
ing 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.
k h s i o l l ab this page U ail- by LN. rso~lsun]
SETTLED LAND 51
(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 Act
to be deemed necessary to enable the trustees of the settle-
ment, 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 Act, then notwithstanding anything contained in sub-
section (2) of section 62, 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 Act.
(5) With respect to the powers conferred by this
section the following provisions are to have effect-
Those powers are not to be exercised without the
leave of the court.
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.
The Court may from time to time rescind or vary
any order made under this section, or may make
any new or further order.
So long as an order under this section is in force
neither the trustees of the settlemenf nor any
person other than a person having the leave, shall
execute any trust or power Created by the settle-
ment, for any purpose for which leave is by the
order given, to exercise a power conferred by this
Ad.
52 SETTLED LAND
(e) An order under this section shall be recorded in
the Record Office.
