[AS AMENDED BY THE COMMITTEE.] ARRANGEMENT OF CLAUSES. Three Commissioners to be appointed under Sign Manual; Sect. 1. Two Commissioners to be a Quorum; 3. Power to appoint and remove Secretary, Clerks, &c.; 4. Salaries to be paid out of Monies to be provided by Parliament; 6. Oath of Commissioners; 8. Commissioners to frame and promulgate Forms of Application, &c.; 9. General Rules to be laid before Parliament; 11. Power to Commissioners to summon Witnesses, &c.; 12. Orders of Commissioners may be enforced in England; 14. When Land or Lease of Land in Ireland is subject to Incumbrance, Where Land or Lease not to be deemed subject to Incumbrance; 17. Commissioners upon Application for Sale may, after Notices and Tenancies, &c. to be ascertained; Sale may be made subject to an Sale to be under the Direction of the Commissioners; Form of Payment of Purchase Money; 22. Where an Incumbrancer purchases, Commissioners may authorize Payment into the Bank of Balance of Purchase Money, after deducting Amount of Incumbrance; 23. Effect of Assurance; Sect. 24. Saving of Right of Common, &c.; 25. Commissioners may order Delivery of Counterparts of Leases, &c. and Possession to Purchaser; 26. Application of Purchase Money; 27. Money paid into Bank may be invested in the Funds; 28. Appointment of new Trustees; 29. No Payment not being in full to affect Right of Incumbrancer for Balance, and no Payment in respect of Incumbrance to affect Remedy over; 30. Commissioners may make Provision as to Incumbrances, Charges, &c. to facilitate Distribution of Purchase Money; 31. Power to Commissioners to order Money to be paid into Court of Chancery or Exchequer ; 32. Where Lease ordered to be sold Commissioners may, on Application, include the Reversion in the same Sale; 33. If Land sold be subject to a Lease comprising other Land, or if Part of Lease in Perpetuity, &c. be sold, Commissioners may apportion the Rent; 34. Provision for Persons under Disability; 35. Proceedings not to abate; 36. Costs; 37. Order for a Sale under this Act may be made notwithstanding pending Suit or Decree for Sale; 38. After Order of Commissioners for Sale, Proceedings for Sale under Decree to be stayed, and no Suit, &c. to be commenced, without Leave of Commissioners, pending Proceedings under this Act; 39. On Application for Sale of undivided Share, or after Sale, Commissioners may, on Application of Party interested and giving Notices and hearing Parties, make Order for Partition; 40. On Application for Sale, or after Sale, Commissioners, on Application of Party interested, and with Consent, may make Order for Exchange; 41. Conveyance, Assignment, and Order of Partition conclusive; 42. Proceedings before Commissioners not to be restrained by Injunction, &c.; Commissioners not to be liable in respect of Acts done bonâ fide; 43. Orders may be reviewed by Commissioners; Appeal to Privy Council where allowed by Commissioners; 44. False Evidence, Perjury; 45. Interpretation Clause; 46. Act to extend to Land in Ireland only, &c.; 47. (Ireland.) A BILL [AS AMENDED BY THE COMMITTEE] Further to facilitate the Sale of Incumbered Estates in Ireland. [Note. The Clauses marked A., B., C., and D. were added W by the Committee.] HEREAS it is expedient that further Facilities should be Preamble. given for the Sale of Incumbered Estates in Ireland: Be it enacted therefore by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and 5 Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawful for Her Majesty, by Warrant or Warrants under the Royal Sign Manual, to appoint any Number of Persons not exceeding Three to be Commissioners under this Act during Her Majesty's Pleasure, and upon every Vacancy in the Office of any such Commissioner in like Manner to appoint some other Person to such Office, and the said Persons so to be from Time to Time appointed shall be Commissioners for the Execution of this Act, and shall be styled "The Commissioners for Sale of Incumbered Estates in Ireland." 10 15 Three Commissioners to be appointed under Sign Manual. have a Common Seal. II. And be it enacted, That the Commissioners shall cause to be Commismade a Seal for their Commission, and shall cause to be sealed sioners to therewith all Orders, Conveyances, and other Instruments made by or proceeding from the Commissioners in pursuance of this Act, and all such Orders, Conveyances, and other Instruments, or Copies thereof, 284. A Two Commissioners to thereof, purporting to be sealed with the Seal of the Commissioners, shall be received in Evidence without any further Proof thereof. III. And be it enacted, That all Acts, Matters, and Things be a Quorum. which the Commissioners are by any of the Provisions of this Act required or authorized to do or execute shall and may be done and 5 executed by any Two of such Commissioners. Power to appoint and remove Secretary, Appoint ments under this Act limited to Five Years. Salaries to be paid out of Monies to be provided by Parlia ment. Commis sioners not to IV. And be it enacted, That it shall be lawful for the Commissioners, from Time to Time, (with the Consent in every Case of the Commissioners of Her Majesty's Treasury,) to appoint a Secretary, and such Clerks, Messengers, and Officers as they shall deem 10 necessary for the Purposes of this Act, and to remove such Secretary, Clerks, Messengers, and Officers, or any of them. V. And be it enacted, That no Commissioner, Secretary, or other Officer to be appointed as aforesaid shall hold his Office for a longer Period than Five Years next after the Day of the passing of this 15 Act, and thenceforth until the End of the then next Session of Parliament. VI. And be it enacted, That it shall be lawful for the Commissioners of Her Majesty's Treasury to direct a Salary, not exceeding Pounds by the Year, to be paid to each of the Commissioners 20 for the Time being appointed under this Act; and the Salaries of the Secretary, Clerks, Messengers, and other Officers to be appointed under this Act shall be from Time to Time regulated by the Commissioners of Her Majesty's Treasury; and the Salaries of such Commissioners, Secretary, Clerks, Messengers, and Officers as 25 aforesaid, and all other incidental Expenses of carrying this Act into Execution not herein otherwise provided for, shall be paid out of such Monies as shall be provided by Parliament. VII. And be it enacted, That no Commissioner appointed under sit in House this Act shall during his Continuance in such Office be capable of 30 of Commons. being elected or of sitting as a Member of the House of Commons. Oath of Commissioners. VIII. And be it enacted, That every Commissioner appointed under this Act shall, before he enters upon the Execution of his Office, take the following Oath before One of the Justices of the Court of Queen's Bench or Common Pleas, or One of the Barons of the Court of Ex- 35 chequer, in Ireland; (that is to say,) 6 I A.B. do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, fulfil all the Powers and Duties of a Commissioner under an Act passed in 'the |