2Repeal and savings 3

2 Repeal and savings 3 Part I—General preliminary provisions 4 Division 1—Introductory 4 3 Definitions 4 4 Application of Act 8 5 Application of Act to land etc. under Transfer of Land Act 9 6 Limitation of powers of tenant for life and trustee 9 Division 2—Settlement and settled land 9 8 What constitutes a settlement 9 9 Exception of lands held on trust for sale 12 10 What is settled land 12 11 Duration of settlements 12 Division 3—Tenants for life and persons with powers of tenant for life 12 12 Who is tenant for life 12 13 Joint tenants etc. 12 14 Tenants for life of undivided shares 13 15 Powers of tenant for life not affected by charges etc. 13 16 Other limited owners having powers of tenant for life 13 17 Provisions applicable where interest in settled land is restored 15 18 Resettlement by way of restoration 15 19 Powers of trustee etc. when there is no tenant for life 16 20 Provision where tenant for life is sole trustee of settlement 16 21 As to a tenant for life who has parted with his interest 17 22 Tenant for life not to exercise powers while order under preceding section in force 17 23 When order may be made 17 24 Application of foregoing provisions to married woman 18 25 Powers not affected by restraint on anticipation 18 26 Trustees to exercise powers where tenant for life minor 18 27 Orders if tenant for life becomes a publicly represented person 19 29 Concurrence in case of undivided shares 19 Division 4—Trustees of settlement 20 30 Who are trustees for purposes of Act 20 31 As to trustees of compound settlements 21 32 As to trustees of referential settlements 22 33 Continuance of trustees in office 23 34 Title of person to whom disposition made unimpeachable in certain cases of compound settlements 24 35 Confirmation of dispositions made before commencement of this Act 25 36 Appointment of trustees by Court 25 37 Survivors etc. of persons appointed to be trustees of settlement 26 Part II—Powers of a tenant for life 27 Division 1—Sale, exchange and partition 27 38 Powers of sale and exchange 27 39 Regulations respecting sales 27 40 Regulations respecting exchanges and partitions 29 Division 2—Leasing powers 30 41 Power to lease for ordinary or building or mining or forestry purposes 30 42 Regulations respecting leases generally 30 43 Leasing powers for special objects 32 Division 3—Provisions as to building and mining leases 32 44 Regulations respecting building leases 32 45 Regulations respecting mining leases 33 46 Variation of building or mining lease according to circumstances of district 34 47 Capitalisation of part of mining rent 35 Division 4—Miscellaneous powers 35 48 Power on dispositions to impose restrictions and make reservations and stipulations 35 49 Sale subject to stipulation as to timber 36 50 Separate dealing with surface and minerals with or without wayleaves etc. 37 51 Reservation of undivided share in mines 37 52 Surrenders and regrants 38 53 Acceptance of leases 39 54 Power to grant water rights to statutory bodies 40 55 Power to grant land for public and charitable purposes 41 56 Dedication for streets, open spaces etc. 42 57 Power to compromise claims and release restrictions etc. 44 58 Power to release covenants etc. 44 59 Power to vary leases and grants and to give licences and consents 45 60 Powers to apportion rents 46 61 Provisions as to consideration 47 62 Definition 47 63 Power to complete predecessor's contracts 48 64 Tenant for life to effect any transaction under an order given by Court 48 65 Definitions 49 Division 5—Provisions as to special classes of property 49 66 Cutting and sale of timber and capitalisation of part of proceeds 49 67 Sale and purchase of heirlooms under order of Court 50 Division 6—Dealing as between tenants for life and the estate 50 68 Provision enabling dealings with tenant for life 50 Division 7—Incumbrances 52 69 Shifting of incumbrances 52 70 Power to vary provisions of an incumbrance and to charge by way of additional security 52 Division 8—Raising of money 53 71 Power to raise money by mortgage 53 Division 9—Conveyance 54 72 Completion of transactions by conveyance 54 Part III—Investment or other application of capital money 56 73 Modes of investment of application 56 74 Power to acquire land subject to certain incumbrances 58 75 Regulations respecting investment, devolution and income of securities etc. 59 76 Application of money in court under this Act and other Acts 60 77 Application of money in hands of trustees under powers of settlement 61 78 Personal estate settled by reference to capital money or trusts 61 79 Application of money to be paid for lease or reversion 62 80 As to money received by way of damages for breach of covenant 63 81 As to capital arising otherwise than under the Act 65 82 Settlement of acquired land 65 Part IV—Improvements 67 *Improvements with Capital Money* 67 83 Description of improvements authorized by Act 67 84 Mode of application of capital money 67 85 Creation of rent charges to discharge instalments 69 *Sundry Provisions as to Improvements* 70 86 Concurrence in improvements 70 87 Court may order payment for improvements executed 71 88 Obligation on tenant for life and successors to maintain, insure etc. 71 89 Protection as regards waste in execution and repair of improvements 73 Part V—Miscellaneous provisions 74 90 Power for tenant for life to enter into contracts 74 91 Provisions as to different estates settled upon the same limitations 76 92 Proceedings for protection or recovery of land settled or claimed as settled 78 93 Trustees not to withhold consent arbitrarily 79 Part VI—General provisions as to trustees 81 94 Number of trustees to act 81 95 Trustees' receipts 81 96 Protection of each trustee individually 82 97 Protection of trustees generally 82 98 Protection of trustees in particular cases 83 99 Trustees not liable where documents of title to land in possession of tenant for life 83 100 Trustee's reimbursements 83 101 Notice to trustees 83 102 Management of land during minority or pending contingency 85 103 Application of last section 87 Part VII—Restrictions, savings, and protection of purchasers 88 104 Powers not assignable and contract not to exercise powers void 88 105 Effect of surrender of life estate to the next remainder-man 92 106 Prohibition or limitation against exercise of powers void 93 107 Tenant for life trustee for all parties interested 94 108 Saving for and exercise of other powers 95 109 Saving for additional or larger powers under settlement 96 110 Protection of purchases etc. 96 111 Powers exercisable from time to time 96 112 Exercise of powers; limitation of provisions etc. 97 Part VIII—Procedure 98