SETTLED LAND ACT 1882 - SECT 26 Approval by Commissioners of Public Works in Ireland of scheme for improvement and payment thereon.

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SETTLED LAND ACT 1882 - SECT 26

Approval by Commissioners of Public Works in Ireland of scheme for improvement and payment thereon.

26.(1) Where the tenant for life is desirous that capital money arising under
this Act shall be applied in or towards payment for an improvement authorized
by this Act, 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.

(2) 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

(i)A certificate of the Commissioners of Public Works in Ireland 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
on

(ii)A like certificate of a competent engineer or able practical surveyor
nominated by the trustees and approved by the Commissioners, or by the Court,
which certificate shall be conclusive as aforesaid; or on

(iii)An order of the Court directing or authorizing the trustees to so apply a
specified portion of the capital money.

(3) 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 the Commissioners, or of a competent engineer or able practical
surveyor, 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.

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Northern Irish Legislation

SETTLED LAND ACT 1882 - SECT 26