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SETTLED ESTATES ACT 1877 - SECT 38

Court may exercise powers repeatedly, but may not exercise them if expressly negatived.

38. The Court shall be at liberty to exercise any of the powers conferred on
it by this Act, whether the Court shall have already exercised any of the
powers conferred by this Act in respect of the same property or not; but no
such powers shall be exercised if an express declaration that they shall not
be exercised is contained in the settlement: Provided always, that the
circumstance of the settlement containing powers to effect similar purposes
shall not preclude the Court from exercising any of the powers conferred by
this Act, if it shall think that the powers contained in the settlement ought
to be extended.

© 1877 Crown Copyright

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