Settled Estates Act 1880 (SA)

South Australia Settled Estates Act 1880 An Act to amend the law relating to leases and sales of settled estates.

Contents Preamble 1 Short title 2 Interpretation of settlement and settled estates 3 Interpretation of the court 4 Power to authorise leases of settled estates 5 Leases may contain special covenants 6 Parts of settled estates may be leased 7 Leases may be surrendered and renewed 8 Power to authorise leases to extend to preliminary contracts 9 Mode in which leases may be authorised 10 What evidence to be produced on an application to authorise leases 11 After approval of a lease court to direct who shall be the lessor 12 Powers of leasing may be vested in trustees 13 Conditions that leases be settled by the court not to be inserted in orders made under this Act 14 Conditions where inserted may be struck out 15 Court may authorise sales of settled estates and of timber 16 Proceedings for protection 17 Consideration for land sold for building may be a fee-farm rent 18 Minerals etc may be excepted from sales 19 Court may authorise dedication of any part of settled estates for streets, roads, and other works 20 As to laying out and making, and executing, and maintaining streets, roads, and other works, and expenses thereof 21 How sales and dedications are to be effected under the direction of the court 22 Application to exercise powers conferred by Act 23 With whose consent such application to be made 24 Court may dispense with consent in respect of certain estates 25 Notice to be given to persons who do not consent to or concur in the application 26 Court may dispense with notice under certain circumstances 27 Court may dispense with consent, having regard to the number and interests of parties 28 Application may be granted without consent, saving rights of non‑consenting parties 29 Notice of application to be served on all trustees 30 Notice of application to be given in newspapers if court directs 31 No application under this Act to be granted where a similar application has been rejected by Parliament 32 Notice of the exercise of powers to be given as directed by the court 33 Registrar-General to carry out orders of court 34 Payment and application of money arising from sales, or set aside out of rent etc reserved on mining leases 35 Trustees may apply money in certain cases without application to court 36 Until money can be applied to be invested and dividends to be paid to parties entitled 37 Court may direct application of money in respect of leases or reversions as may appear just 38 Court may exercise powers repeatedly 39 Court not to authorise any act which could not have been authorised by the settlor 40 Acts of the court in professed pursuance of this Act not to be invalidated 41 Costs 42 Rules and orders 43 Rules and orders to be laid before Parliament 44 Tenants for life etc may grant leases for 21 years 45 Against whom such leases shall be valid 46 Evidence of execution of counterpart lease by lessee 47 Provision as to infants, lunatics etc 51 No obligation to make or consent to application etc 52 Tenants for life etc to be deemed entitled, notwithstanding encumbrance Legislative history