[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/sla1847182.txt

[New search] [Help]

SETTLED LAND (IRELAND) ACT 1847

SETTLED LAND (IRELAND) ACT 1847 - LONG TITLE

An Act to facilitate the temporary Investment of Trust Monies in
the Improvement of Landed Property in Ireland.{1}
[25th June 1847]
... Whereas it may happen that there are now or hereafter may be
in the hands or standing to the account of trustees or a trustee
of a settlement or will or codicil monies produced by the sale or
received for equality of exchange of settled estates or hereditaments
in Ireland, under a power of sale or exchange, or under trusts for
sale, in such settlement or will or codicil contained, or stocks or
securities purchased with such monies, and which monies are liable
to be laid out in the purchase of other estates or hereditaments
in Ireland or elsewhere, to be settled to the same or the like
uses or upon and for the same or the like trusts and purposes as
the estates or hereditaments from the sale or exchange of which
such monies were produced, and there may be now or hereafter monies
in the hands or standing to the account of trustees or a trustee
of a settlement, will, or codicil, produced by a sale or sales of
settled lands or hereditaments in Ireland, compulsory or otherwise,
made to or for the purposes of a railway or other public work, or
other monies, stocks, or securities liable to be laid out in the
purchase of lands or hereditaments, and which monies respectively may
be advantageously advanced for the purpose of being laid out in the
permanent improvement of the lands or hereditaments remaining unsold
or in settlement for the time being, and there may be now or
hereafter monies or stocks or securities in the hands or standing
to the account of trustees or guardians for infants or others under
legal disability, or monies of persons of unsound mind, which may
be advantageously advanced for the purpose of being employed in the
permanent improvement of the estates of such infants, persons of
unsound mind, or others under legal disability:[

SETTLED LAND (IRELAND) ACT 1847 - SECT 1
Trustees, &c. of settled estates may petition the High Court for
permission to lay out monies arising from sale or exchange of
settled lands, in the improvement of lands already settled.

1.] It shall be lawful for any such trustee or trustees, (with the
consent of any person or persons beneficially interested, in
possession, if of full age,) or guardian or guardians, and for the
committee or committees of any persons of unsound mind, and they
are hereby authorized, to apply to the [High Court of Justice in
Northern Ireland], by petition to the Lord High Chancellor, praying
that he or they may be authorized to make any such permanent
improvements of any such lands or hereditaments in Ireland
respectively as aforesaid, by laying out and expending thereon any
sum or sums proposed by such petition, in such manner as therein
may be mentioned and described, and in such petition to pray that
the expences of making any such permanent improvements may be
defrayed by advances out of any such monies or funds in the hands
or to the account of such trustees or guardians or others as
aforesaid.

SETTLED LAND (IRELAND) ACT 1847 - SECT 2
Court may refer petition to a master, and obtain his report.

2. Upon the presentation of any such petition as aforesaid it shall
be lawful for the said court, without requiring the attendance of
any counsel or solicitor, to refer it to one of the masters of
the said court to make all necessary and proper inquiries, and to
consider all such evidence, estimates, and valuations as shall be
produced before him in relation to the matter of such petition, and
thereupon to report whether in his opinion it will be beneficial to
all persons interested in the lands that such permanent improvements
as last aforesaid should be made under the provisions of this Act,
and whether, having regard to the nature of such improvement, the
money so to be expended, or any part thereof, should be repaid,
and, if to be repaid, by any and what instalments, and with any
and what interest, and with what priority.

SETTLED LAND (IRELAND) ACT 1847 - SECT 3
Report of master and order of court thereon.

3. In proceeding under such order of reference the said master
shall cause such notice thereof to be given by advertisement or
otherwise as he shall think fit or the [High Court] shall by any
general or other order direct, and shall hear all parties interested
in the subject matter of such reference who may appear before him,
and shall report on the matters so to him referred, and such
report shall be filed according to the practice of the said court,
and thereupon it shall be lawful for the said court, without
requiring the attendance of any counsel or solicitor, upon the
petition of the party obtaining the same, to confirm the said
report absolutely, or make such alteration therin as shall be fit,
and to make an order authorizing or permitting such permanent
improvements to be made, and the expences of making the same,
together with the expences of obtaining the authority of the said
court, to be accordingly advanced out of such monies respectively
aforesaid, and which order shall be registered in the office of the
registrar of judgments, in like manner and on payment of like fees
as those upon which any decree or order may be registered, and
thereupon it shall be lawful for such trustees or guardians, or
other person or persons, to whom such monies or funds as aforesaid
shall have been paid, or in whose care, custody, or possession the
same shall be and remain for the time being, in the several cases
respectively aforesaid, to advance and lay out such monies
accordingly.

SETTLED LAND (IRELAND) ACT 1847 - SECT 4
Reference to and report of master as to expenditure.

4. After such monies shall have been so advanced and laid out as
aforesaid, it shall be lawful for such trustees or guardians or
others from time to time to apply to the said court, by petition
to the Lord High Chancellor, for a reference to the said master to
ascertain that the same have been properly expended in or about the
making of such improvements, and in paying or providing for the
expences incurred and to be incurred of obtaining the authority of
the said court; and upon the said master making his said report,
and thereby finding that such monies or any part thereof had been
so properly expended as aforesaid, and upon the said report being
duly filed according to the practice of the said court, then it
shall be lawful for the said court, without requiring the attendance
of any counsel or solicitor, to make an order to confirm the said
report absolutely, and thereupon such trustee or trustees, guardian
or guardians, or committees, or other such persons as aforesaid,
shall be for ever fully released, exonerated, and discharged from
all and every liability or responsibility on account of or
concerning any such application of any such trust or other monies,
or such part thereof in respect of which such order shall have
been so made as last aforesaid, subject nevertheless to any orders
or provisions of the Lord Chancellor from time to time in that
behalf made or provided.

SETTLED LAND (IRELAND) ACT 1847 - SECT 5
If master report that advances ought to be repaid, such advances to
be charged on lands improved.

5. In every case in which such advances shall be made as last
herein-before authorized, and the master shall have reported that
such advances ought to be repaid, the lands intended to be improved
by means thereof shall, from the respective times of making such
advances, become and be charged with the repayment to such trustees,
guardians, or committees, or others, for the time being making or
entitled to be repaid such advances, of the amount of such
respective advances, with interest, if any, for the same, in such
manner, with such priority, and subject to such conditions,
provisoes, and restrictions, as the Lord Chancellor by any order or
provision in that behalf shall from time to time direct.

SETTLED LAND (IRELAND) ACT 1847 - SECT 6
Tenants for life, &c. bound to pay charges becoming due during
continuance of their estates, and to maintain works in good
condition.

6. Tenants for life and others having only a limited interest in
the land charged shall be bound to pay such charges, interest, or
instalments as may be directed by any such order or provision as
last aforesaid which shall from time to time become due and payable
by them during the continuance of their respective estates or
interests, and shall be bound to uphold and maintain in good order
and condition the works on account of which the lands shall have
been so charged as aforesaid, as if such persons respectively were
tenants for life subject to impeachment for waste; and in case such
tenants for life and others shall not pay such charges, interest,
and instalments as may be directed by any such order or provision,
at the time when the same shall so become due and payable, such
trustees, guardians, or committees, or others shall apply to the
said [High Court], by petition for the appointment of a receiver to
collect the rents of such lands until such charges, interests, and
instalments shall have been duly paid; and upon such petition it
shall be lawful for the said court to appoint such receiver, and
to make such further order or provision in the premises as to the
said court may seem fit.

SETTLED LAND (IRELAND) ACT 1847 - SECT 7
After petition presented, further applications may be by motion.

7. After a petition shall have been presented under this Act any
further application to the court may be made by motion, without
petition; and the court shall have power to order costs to be paid
to or by any party; and it shall be lawful for the [Lord Chief
Justice of Northern Ireland], with the advice and consent of the
Master of the Rolls for the time being, from time to time and as
often as circumstances shall require, to make and prescribe such
provisions, rules, and orders, either general, or with respect to
any particular proceedings to be had and taken in Chancery under or
for the purposes of this Act, and the practice to be observed by
the court in relation to such proceedings or any matters incident
thereto, as shall from time to time seem necessary or expedient.

S.8 rep. by SLR 1875