Regulations respecting sales
39 Regulations respecting sales
[10]Save as hereinafter provided every sale shall be made for the best consideration in money that can reasonably be obtained.
A sale may be made in consideration wholly or partially of a perpetual rent, or a terminable rent consisting of principle and interest combined, payable yearly or half-yearly to be secured upon the land sold, or the land to which the easement, right or privilege sold is to be annexed in enjoyment or an adequate part thereof.
In the case of a terminable rent, the conveyance shall distinguish the part attributable to principal and that attributable to interest, and the part attributable to principal shall be capital money arising under this Act:
Provided that, unless the part of the terminable rent attributable to interest varies according to the amount of the principal repaid, the trustees of the settlement shall, during the subsistence of the rent, accumulate the income of the said capital money in the way of compound interest by investing it and the resulting income thereof in securities authorized for the investment of capital money and shall add the accumulations to capital.
The rent to be reserved on any such sale shall be the best rent that can reasonably be obtained, regard being had to any money paid as part of the consideration, or laid out, or to be laid out, for the benefit of the settled land, and generally to the circumstances of the case, but a peppercorn rent, or a nominal or other rent less than the rent ultimately payable, may be made payable during any period not exceeding five years from the date of the conveyance.
Where a sale is made in consideration of a rent, the following provisions shall have effect:
[11]The conveyance shall contain a covenant by the purchaser for payment of the rent, and the statutory powers and remedies for the recovery of rent shall apply;
A duplicate of the conveyance shall be executed by the purchaser and delivered to the tenant for life, or statutory owner of which execution and delivery the execution of the conveyance by the tenant for life shall be sufficient evidence;
A statement, contained in the conveyance or in an indorsement thereon, signed by the tenant for life, or statutory owner respecting any matter of fact or of calculation under this Act in relation to the sale, shall, in favour of the purchaser and of those claiming under him, be sufficient evidence of the matter stated.
A sale may be made in one lot or in several lots, and either by auction or by private contract, and may be made subject to any stipulations respecting title, or evidence of title, or other things.
On a sale the tenant for life may fix reserve biddings and may buy in at an auction but the amount of such reserve together with the conditions and terms of sale must be submitted by him to the trustees before they consent to the sale.
No. 3771 s. 40.
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