XXXIX. And be it enacted, That the Commissioners shall not Proceedings before Combe subject to be restrained in the Execution of their Powers under missioners this Act, nor shall any Person be restrained from making Application not to be restrained by under this Act to the Commissioners, or doing any other Act or Injunction 5 giving any Consent under the Provisions of this Act, by Order or or removed Injunction of a Court of Equity, nor shall Proceedings before the by Certiorari. Commissioners be removable by Certiorari.

XL. And be it enacted, That it shall be lawful for the Commis- Orders may be reviewed sioners to review and rescind or vary any Order which shall have by Commis. 10 been previously made by them, but, save as aforesaid and as herein- sioners. after provided, every Order of the Commissioners shall be final: Provided always, that where the Commissioners allow Appeal, but Appeal to not otherwise, Appeal against any Order of the Commissioners may here Privy Council where be made to the Privy Council of Ireland within One Calendar Month allowed by 15 from the making of the Order appealed against, and such Appeal Commisshall be heard and reported on by Members of the Privy Council, to be appointed by the Lord Lieutenant or other Chief Governor or Governors of Ireland to be a Judicial Committee for that Purpose, and the Orders of the said Privy Council in relation to such Appeal 20 shall be made according to the Reports of such Judicial Committee, and the Order of the said Privy Council on the Appeal shall be final.

sioners.

XLI. And be it enacted, That every Person who upon Examination Penalty for upon Oath, Affirmation, or Declaration "before the Commissioners false Swearing. 25 or any of them, or any Person appointed and authorized under this Act by the Commissioners to administer such Oath, Affirmation, or Declaration, shall wilfully give false Evidence, and every Person who shall wilfully swear, affirm, or declare falsely in any Affidavit authorized under this Act to be received in Evidence by the Com30 missioners, shall be liable to the Pains and Penalties of Perjury.

XLII. And be it enacted, That in the Construction of this Act Construction of Terms, &c. (except where the Context or other Provisions of the Act require a in this Act. different Construction) the Word "Land" shall extend to Manors, "Land." Advowsons, Rectories, Messuages, Lands, Tenements, Rents, and 35 Hereditaments of any Tenure, whether subject to any Fee Farm or other perpetual Rent, with or without Condition of Re-entry for securing the same, or otherwise, and whether corporeal or incorporeal, and

any undivided Share thereof; and the Word "Estate" shall extend "Estate." to an Estate in Equity as well as at Law, and to the Benefit of any 40 Covenant or Contract for or Right of Renewal; and the Word "Lease" "Lease.” shall include an Agreement for a Lease; and the Estate or Interest created or agreed to be created by such Lease or Agreement in the

235.

whole

"Lease in

"Incumbrance."

"Incumbrancer."

"Possession."

whole or any Part of the Land therein comprised; and the Expression Perpetuity.” “Lease in Perpetuity" shall mean any Lease or Grant for One or more Life or Lives, with or without a Term of Years, or for Years determinable on One or more Life or Lives, or for Years absolute, with a Covenant or Agreement in any of such Cases, 5 whether in the same or in any other Instrument, for the perpetual Renewal of such Lease or Grant, whether such Lease shall be derived out of the Inheritance or by way of Under-lease out of any Lease or other Estate; and the Word "Incumbrance" shall mean any legal or equitable Mortgage in Fee, or for any less Estate, and 10 also any Money secured by a Trust, or by Judgment, Decree, or Order of any Superior Court of Law or Equity duly registered, and also any Legacy, Portion, Lien, or other Charge, whereby a gross Sum of Money is secured to be paid on an Event or at a Time certain, and also any annual or periodical Charge which by the Instrument creating 15 the same, or by any other Instrument, is made repurchasable on Payment of a gross Sum of Money, and also any Arrear remaining unpaid of any annual or periodical Charge for Payment of which Arrear a Sale of any Land charged therewith might be decreed by a Court of Equity; and the Word "Incumbrancer" shall mean 20 any Person entitled to such Incumbrance, or entitled to require the Payment or Discharge thereof; and the Word Possession shall include the Receipt of the Rents and Profits; and the Word "Owner," as applied to any Land, shall include any Person entitled in possession in Fee Simple or in Tail, or quasi in 25 Tail, and any Person entitled in possession for a Life or Lives, or for a Term of Years determinable on the dropping of any Life or Lives, or for a Term of Years of which not less than Ninety-nine Years are unexpired, not being a Lessee at a Rent, and also any Person entitled in possession as Tenant by the Curtesy, whether 30 at Law or in Equity, and any Person entitled in possession, as aforesaid, to the whether in Fee or for any lesser Estate Equity of Redemption in any Land, or to the Land subject to any Incumbrance, or a Trust for the Payment of any Incumbrance, and any Feoffees or Trustees for charitable or other Purposes, entitled 35 in possession; and the Word "Owner," as applied to a Lease in Perpetuity or other Lease, shall include any Person entitled in possession to the Land comprised in such Lease for the whole Estate created or agreed to be created by such Lease, or for any derivative Estate (created by Settlement, or testamentary or other Disposition 40 thereof), quasi in Tail, or for Life or Lives, or for Years determinable on the dropping of a Life or Lives, or for Years of which not less than Fifty Years are unexpired, not being an Under-lease at a possesRent derived out of such Lease, and any Person entitled in sion, for such whole Estate or such derivative Estate as aforesaid, to 45 the

"Owner."

5

the Equity of Redemption in such Lease or to such Lease subject to any Incumbrance, or a Trust for the Payment of any Incumbrance; and the Word "Person" and the Word "Owner" shall extend to a Body Politic or Corporate as well as to an Individual; the Word er." "Commissioners" shall mean "the Commissioners for Sale of In- "Commissioners."

"Person"

and "Own

cumbered Estates in Ireland;" the Expression "the Commissioners "Commisof Her Majesty's Treasury" shall mean such Commissioners for the sioners of Time being or any Three of them, or the Lord High Treasurer for Her Majesty's Treathe Time being; and every Word importing the Singular Number sury." 10 only shall extend to several Persons or Things, and every Word Number. importing the Plural Number shall apply to One Person or Thing; and every Word importing the Masculine Gender only shall extend Gender. to a Female.

XLIII. And be it enacted, That this Act shall, except so far as 15 the special Provisions of the same otherwise require, extend only to Ireland, and may be amended or repealed by any Act to be passed in this Session of Parliament.

Act to extend to Ireland only, &c.

SCHEDULE.

FORM OF CONVEYANCE on SALES by the COMMISSIONERS [which may be used with such Variations as the Circumstances may appear to the Commissioners to require].

Two of the Commissioners for

WE Sale of Incumbered Estates in Ireland, under the Authority of an Act passed in the Year of the Reign of Queen Victoria, intituled [here set forth the Title of this Act], in consideration of the Sum of by E. F. of, &c., paid into the Bank of Ireland to our Account to the Credit of do grant unto the said E. F. all [here describe

the Premises to be sold], to hold the same unto the said E.F., his Heirs and Assigns, [or, in the Case of a Chattel Interest in a Lease, his Executors, Administrators, and Assigns, ] for ever, [or, for the unexpired Term created by a certain Lease [describing the Lease, as the Case may be], subject to [here specify, where the Sale is made subject thereto, the Tenancies, Leases, Under-leases, or Charge, either by reference to a Schedule or otherwise].

In witness whereof we the said A.B. and C. D. have hereunto set our Hands and the Seal of the said Commissioners, this

Day of

in the Year of our Lord

A.B.
C.D.

[Seal of the Commission.]

The CERTIFICATE of PAYMENT to be ENDORSED on or WRITTEN at the FOOT of the CONVEYANCE OF ASSIGNMENT may be in the following FORM.

WE certify that the within [or, above] mentioned Sum of

was paid into the Bank of Ireland to the Account and Credit within [or, above] mentioned on the

Day of

A.B.

C.D.

[Seal of the Commission.]