Superior Court Rules

ORDER 72

THE SETTLED LAND ACTS, 1882 TO 1890

1. (1) Words defined by the Settled Land Acts, 1882 to 1890 (in this Order referred to as ‘the Acts’), when used in this Order, shall have the same meanings as in the Acts.

(2) In this Order, the expression ‘tenant for life’ includes any person having the powers of a tenant for life under the Acts.

2. (1) All applications to the court under the Acts shall be made by special summons.

(2) Every such summons shall be entitled in the matter of the settlement, will, trust, or property (as the case may be) to which it relates, and in the matter of the statute under which the application is made, and shall in the special indorsement of claim, specify the section of the statute under which the relief is sought.

3. (1) The persons to be served with notice of applications to the court shall, in the first instance, be as follows:

(a) in the case of applications by the tenant for life under the Settled Land Act, 1882, section 34, or the Settled Land Act, 1890, section 10, or of applications under the Settled Land Act, 1884, section 7(ii): the trustees;

(b) in the case of applications under the Settled Land Act, 1882, section 38: the trustees (if any) and the tenant for life (if not the applicant);

(c) in the case of applications under the Settled Land Act, 1882, section 44: the tenant for life, or the trustees (as the case may be);

(d) in the case of applications under the Settled Land Act, 1884, section 7(iii): the trustees (if any) and the tenant for life (if not the applicant), and the person (if any) to whom leave has been given under section 7(ii).

(2) No other person shall in the first instance be served. Except as herein before provided where an application under the Acts is made by any person other than the tenant for life, the tenant for life alone shall be served in the first instance.

4. Except in the cases mentioned in rule 3, applications by a tenant for life shall not in the first instance be served on any person.

5. The court may require notice of any application under the Acts to be served upon such persons as it thinks fit, and may give all necessary directions as to the persons (if any) to be served and such directions may be added to or varied from time to time as the case may require. If any person not already served is directed to be served with notice of an application, the application shall stand over generally, or until such time as the court directs. The court may in any particular case, upon such terms (if any) as it thinks fit, dispense with service upon any person upon whom under this Order, or under any direction of the court any application is to be served.

6. It shall be sufficient upon any application under the Acts to verify by affidavit the title of the tenant for life and trustees or other persons interested in the application, unless the court in any particular case requires further evidence.

7. Any sale authorised or directed by the court under the Acts shall be carried into effect out of court, unless the court shall otherwise order, and generally in such manner as the court may direct.

8. Where the court authorises generally the tenant for life to make from time to time leases or grants for building or mining purposes under the Settled Land Act, 1882, section 10, the order shall not direct any particular lease or grant to be settled or approved by the court, unless the court shall consider that there is some special reason why such lease or grant should be settled or approved by it. Where the court authorises any such lease or grant in any particular case, or where the court authorises a lease under the Settled Land Act, 1890, section 10, the order may either approve a lease or grant already prepared, or may direct that the lease or grant shall contain conditions specified in the order, or such conditions as may be approved by the Examiner, without directing the lease or grant to be settled by the court.

9. Any person directed by the tenant for life to pay into court any capital money arising under the Acts may apply by special summons for leave to pay the money into court.

10. The summons under rule 9 shall be supported by an affidavit setting forth—

(a) the name and address of the person desiring to make the payment;

(b) the place where he is to be served with notice of any proceeding relating to the money;

(c) the amount of money to be paid into court, and the account to the credit of which it is to be placed;

(d) the name and address of the tenant for life under the settlement by whose direction the money is to be paid into court;

(e) the short particulars of the transaction in respect of which the money is payable.

11. The order made upon the summons for payment into court may contain directions for investment of the money on any securities authorised by the Settled Land Act, 1882, section 21(1), and for payment of the dividends to the tenant for life, either forthwith or upon production of the consent in writing of the applicant; the signature to such consent to be verified by the affidavit of a solicitor, If the transaction in respect of which the money arises, is not completed at the date of payment into court, the money shall not, without the consent of the applicant, be ordered to be invested in any securities other than those upon which cash under the control of the court may be invested.

12. Money paid into court under the Acts shall be paid to an account to be entitled in the matter of the settlement, with a short description of the mode in which the money arises if it is necessary or desirable to identify it, and in the matter of the Acts.

13. Any person paying into the court any capital money arising under the Acts shall be entitled first to deduct the costs of paying the money into court.

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