CHAPTER
135
INFANTS' PROPERTY |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Court to authorise sale of infants' lands. |
Court to authorise leases of infants' lands. |
Notice of petitions to be published and persons
may be heard. |
Moneys to be paid into Treasury and applied to
certain purposes. |
Moneys to be invested or deposited. |
|
|
CHAPTER 135 |
INFANTS' PROPERTY |
An Act
relating to the sale and lease of infants' estates. | 15 of 1914
46 of 1964
27 of 1976 |
[Commencement 21st
March, 1914] |
1. This Act may be cited as the Infants' Property Act. | Short title. |
2. (1) It shall be lawful for the court on the petition
of any infant by his guardian or next friend, if it shall deem it proper and
for the benefit of such infant, from time to time to authorise the sale of any
lands of such infant, subject, if the court shall so direct, to such petition
meeting with the concurrence or consent of any person having any estate,
interest, charge or incumbrance affecting the same; and every such sale shall
be conducted and confirmed in the same manner as by the rules and practice of
the court for the time being is or shall be required in the sale of lands sold
under a decree of the court. | Court to authorise sale of infants' lands. |
(2) On every sale
to be effected under the provisions of this Act, the court may direct what
person or persons shall execute the deed of conveyance and for such estate as
the court shall direct or may issue an order vesting such land in the purchaser
or purchasers thereof, and the order shall have the same effect as if the
infant had been eighteen years of age and had duly executed a
conveyance or assignment of the land for the same estate. |
3. It shall be lawful for the court on the petition of
any infant by his guardian or next friend, if it shall deem it proper and for
the benefit of such infant and consistent with a due regard for the interests
of any other persons interested in the lands, to authorise leases of any lands
of such infant or of any parts thereof for any purposes whatsoever, subject
however to the following conditions- | Court to authorise leases of infants' lands. |
(a) every such
lease shall be made to take effect in possession and shall be for a term of
years not exceeding twenty-one years; |
(b) on every
such lease shall be reserved the best rent, or reservation in the nature of
rent, either uniform or not, that can be reasonably obtained to be made payable
half yearly or oftener without taking any fine or other benefit in the nature
of a fine. Such rent shall be incident to the immediate reversion; |
(c) every such
lease shall be by deed and shall contain certain conditions for re-entry- |
(i) on
non-payment of the rent for a period not less than twenty-eight days after it
becomes due; |
(ii) on
non-observance of any of the covenants and conditions therein contained; |
(d) no such
lease shall be made without impeachment of waste. |
Subject and
in addition to the conditions above mentioned, every such lease shall contain
such covenants, conditions and stipulations as the court shall deem expedient,
with reference to the special circumstance of the demise. |
4. Notice of any petition to the court under this Act
shall, if the court shall so direct, be inserted in such newspapers as the
court shall direct, and any person whether interested in the lands or not may
apply to the court by motion for leave to be heard in opposition to or in
support of any petition which may be made to the court under this Act, and the
court is hereby authorised to permit such person to appear and be heard in
opposition to or in support of any such petition on such terms as to costs or
otherwise, and in such manner as it shall think fit. | Notice of petitions to be published and persons may be
heard. |
5. (1) All money to be received on any sale effected
under the authority of this Act shall be paid to the Treasurer, to the account
of the Registrar of the court ex parte the petitioner in the matter of
this Act; and such money, after payment of any costs attending such petition
which may be allowed by the court, shall be applied as the court shall from
time to time direct, to some one or more of the following purposes, namely -
the discharge or redemption of any encumbrance affecting the hereditaments in
respect of which such money was paid, or affecting any other hereditaments in
which the infant may be interested, or the payment to any person becoming
absolutely entitled. | Moneys to be paid into Treasury and applied to certain
purposes. |
(2) All money to
be received under any lease effected under the authority of this Act shall be
paid to the Treasurer to the account of the Registrar of the court ex parte
the petitioner in the matter of this Act, and such money after payment of any
costs attending such petition which may be allowed by the court shall be
applied in such manner as the court having due regard to the interests of all
persons interested in the lands may from time to time direct. |
6. Until the money can be applied as aforesaid, the
same shall be from time to time invested or deposited as the court shall
direct, and the interests or dividends of such securities or deposit or such
parts thereof as the court may from time to time direct, shall be paid to the
guardian for the time being of the infant, or such other person as would have
been entitled to the rents and profits of the lands so sold or demised if the
same had not been sold or demised. | Moneys to be invested or deposited. |
7. The Rules Committee under section 75 of the
Supreme Court Act may, if it shall think fit, from time to time make general
rules for carrying the purposes of this Act into effect and for regulating the
time and form and mode of procedure and generally the practice of the court in
respect of the matters to which this Act relates, and for regulating the fees
and allowances to all officers and attorneys of the court in respect of such
matters. | Rules |
8. In this Act- | Interpretation. |
"court"
means the Supreme Court. |