Section 30Part 6 — Improvements
Approval by Court of scheme for improvement and payment thereon
←→ Navigate · Click subsection badges to collapse · Press ? for help
Where the tenant for life is desirous that capital money arising under this Law shall be applied in or towards payment for any improvement authorised by this Law, he may submit for approval to the trustees of the settlement, or to the Court, as the case may require, a scheme for the execution of the improvement, showing the proposed expenditure thereon.
Where the capital money to be expended is in the hands of trustees, then, after a scheme is approved by them, the trustees may apply that money in or towards payment for the whole or part of any work or operation comprised in the improvement, on —
a certificate of a competent engineer, practical surveyor or builder nominated by the trustees and approved of by the Court, certifying that the work or operation, or some specified part thereof, has been properly executed, and what amount is properly payable by the trustees in respect thereof, which certificate shall be conclusive in favour of the trustees as an authority and discharge for any payment made by them in pursuance thereof; or
an order of the Court directing or authorising the trustees to so apply a specified portion of the capital money.
Where the capital money to be expended is in Court, then, after a scheme is approved by the Court, the Court may, if it thinks fit, on a report or certificate of a competent engineer or able practical surveyor or builder, approved by the Court, or on such other evidence as the Court thinks sufficient, make such order and give such directions as it thinks fit for the application of that money, or any part thereof, in or towards payment for the whole or part of any work or operation comprised in the improvement.
Defined Terms
tenant for lifecapital moneyimprovementtrusteessettlement