Page images
PDF
EPUB

to require all such Persons to produce before them all Deeds, Books, Papers, Documents, and Writings relating to such Question or Matter, and to examine upon Oath, or in the Case of Persons allowed to make Affirmation or Declaration in lieu of an Oath, upon Affirmation or Declaration (as the Case may require), all Persons who shall attend under such Summons, and all Persons who shall voluntarily attend before them as Witnesses; and it shall be lawful for any of the Commissioners to administer such Oath, Affirmation, or Declaration ; and every Person required by such Summons to attend before the Commissioners, who, without reasonable Cause, to be allowed by the Commissioners, shall fail to appear according to the Tenor of such Summons, or shall refuse to be sworn or to make Affirmation or Declaration (as the Case may be), or shall not make Answer to all such Questions as shall be lawfully put to him by the Commissioners, or shall refuse or fail to produce before the Commissioners any such Deed, Book, Paper, Document, or Writing, being in or under his Custody, Possession, or Power, as shall be lawfully required to be produced by him before the Commissioners, shall for such Default of Appear. ance, Refusal to be sworn or to make Affirmation or Declaration, or for not answering any such Question as aforesaid, or not producing such Deed, Book, Paper, Document, or Writing, incur and be liable to all such Penalties, Prosecutions, Actions, and Suits as a Person might incur or be liable to for failing to appear, or refusing to be sworn or to give Evidence, in any Suit or Matter depending in the High Court of Chancery in Ireland; and the Commissioners shall have the like Powers, Jurisdiction, and Authority for enforcing the Attendance of Persons summoned as aforesaid, for punishing Persons failing to appear, or refusing to be sworn or to make Affirmation or Declaration or to give Evidence, or guilty of Contempt, and generally for enforcing all Orders made by the Commissioners under any of the Powers or Authorities vested in them under this Act, and otherwise in relation to the Matters to be inquired into and done by them under this Act, as are by Law vested in the High Court of Chancery in Ireland for such Pur

poses in relation to any Suit or Matter depending in such Court. Power to Com- XIII. Provided always, and be it enacted, That the Commismissioners to sioners may, where they think fit, receive in Evidence Affidavits; proceed upon and such Affidavits may be made before any Person empowered to Affidavits, and

take Affidavits which may be received in Evidence in the Court to appoint

of Chancery in Ireland, or, where they think fit, the CommisPersons to take Affidavits and sioners may by Order under their Seal appoint and authorize any Examinations. Person to take Affidavits, or to examine any Witness or Witnesses

who shall attend before such Person to be examined, in Ireland or elsewhere, in relation to any Application to or Matter pending before the Commissioners, and to administer Oaths, Affirmations,

or Declarations for the Purposes of such Examination. Orders of Com- XIV. And be it enacted, That every Order made by the Commissioners may missioners under this Act, a Copy whereof shall be certified under be enforced in their Seal to the High Court of Chancery in England, may be England.

enrolled in like Manner and enforced by the like Process as an Order for Payment or for accounting for Money made by the High Court of Chancery in Ireland a Copy whereof is exemplified and certified to the said Court of Chancery in England under the Great

Seal

Seal of Ireland may be enrolled and enforced under an Act passed in the Forty-first Year of King George the Third, intituled An Act 41 G.3. c. 90. for the more speedy and effectual Recovery of Debts due to His Majesty, His Heirs and Successors, in right of the Crown of the United Kingdom of Great Britain and Ireland, and for the better Administration of Justice within the same.

XV. And be it enacted, That the Commissioners shall be a Commissioners Court of Record, and shall have all the Powers, Authority, and to be a Court of Jurisdiction of a Court of Equity in Ireland for the Investigation

Record, and of Title, and for ascertaining and allowing Incumbrances and have the JurisCharges and the Amounts due thereon, and settling the Priority Court of of such Charges and Incumbrances respectively, and the Rights Equity, and of Owners and others, and generally for ascertaining, declaring, and may refer any allowing the Rights of all Persons in any Land or Lease in re. Inquiries, &c. to spect of which Application may be made under this Act, or in the any One Com-,

missioner. Money to arise from Sales under this Act, and shall have the like Authority and Jurisdiction for enforcing, rescinding, or varying any Contract for Sale made under this Act, and in other Matters incident to or consequent on a Sale under this Act, as are vested in a Court of Equity in relation to a Sale under the Direction of such Court, but their Procedure shall be according to such General Rules as aforesaid, or where the General Rules shall be inapplicable, at the Discretion of the Commissioners ; and the Commissioners shall have Power, in relation to any Matter or Question before them, to send Cases for the Opinion of a Court of Law, and to direct Issues of Fact to be tried by a Jury; and, subject to any such General Rules as aforesaid, the Commissioners may refer to any One of such Commissioners any such Inquiries and Matters as they may think fit, and such One Commissioner shall, for all the Purposes of this Act, have in relation to all such Inquiries and Matters as shall be so referred to him the like Powers, Authorities, and Jurisdiction as the Commissioners or any Two of them would have under this Act.

XVI. And be it enacted, That where Land in Ireland, or a Where Land, Lease in Perpetuity, or any Lease for a Term whereof not less &c. in Ireland than Sixty Years shall be unexpired at the Time of such Appli- is subject to eation as herein.after mentioned, or any Church or College Lease, Owner may ap

, of Land in Ireland, shall be subject to any Incumbrance, it shall be

ply to Commis lawful for the Owner of such Land or Lease, within Three Years sioners for a Sale. from the passing of this Act, to apply to the Commissioners for a Sale of such Land or Lease under the Provisions of this Act.

XVII. And be it enacted, That where any Land in Ireland, or Incumbrancer any such Lease as aforesaid of Land in Ireland, shall be subject to may apply to any Incumbrance, it shall be lawful for any Incumbrancer on such for Sale for disLand or Lease, within Three Years from the passing of this Act, charging the to apply to the Commissioners for a Sale under the Provisions of Incumbrances. this Act of the whole or Part (as in the Judgment of the Commissioners may appear necessary) of such Land or Lease, for the Purpose of discharging the Incumbrances thereon.

XVIII. And be it enacted, That where Application for a Sale No Application of any Land or Lease has been dismissed with Costs by a com

to be entertained petent Tribunal, no Application by the same Party for a Sale of unless Costs of

previous Applisuch Land or Lease, or any Part thereof, shall be entertained by the cation paid. Commissioners, unless it is shown that such Costs have been paid.

XIX. Pro

Where Lands or XIX. Provided always, and be it enacted, That for the Purpose Lease not to be of authorizing an Application for a Sale under this Act the Land deemed subject shall not be deemed subject to an Incumbrance where the same to Incumbrance.

shall not affect the Inheritance, unless such Incumbrance shall affect a Term of not less than Fifty Years absolute unexpired, or a greater Estate in such Land, and shall have been created by the Owner of an Estate of Inheritance, or by a Person who, but for an Act which is void against or postponed at Law or in Equity to such Incumbrance, would be the owner of an Estate of Inheri. tance, but an Incumbrance charged under a Power created by the Owner of an Estate of Inheritance shall be deemed to have been created by such Owner; and such Lease in Perpetuity or other Lease as aforesaid shall not be deemed subject to an Incumbrance where the same shall affect a derivative Estate or Interest only, or less than the whole Estate created or agreed to be created by such Lease in Perpetuity or other Lease as aforesaid, unless such Incumbrance shall have been created by the Owner of or Person entitled to the whole Estate created or agreed to be created by such Lease in Perpetuity or other Lease as aforesaid, or by a Person who, but for an Act which is void against or postponed at Law or in Equity to such Incumbrance, would be such Owner or so entitled, but any Incumbrance charged under a Power created by the Owner of or Person entitled to such whole Estate as aforesaid shall be

deemed to have been created by such Owner or Person so entitled. When Incum- XX. And be it enacted, That when any Incumbrance shall be brance subject subject to any Limitations of Estate or Interest, or shall be held to Limitations, upon any Trust, the Commissioners may proceed and act upon an the first Person

Application or Consent under this Act made or given in respect of entitled, &c. to make Applica

such Incumbrance by the first Person entitled to the Income of tion,

such Incumbrance, or by any Trustee thereof, or other Person whose Estate or Interest in the Incumbrance appears to the Commissioners sufficient to enable him properly to apply or consent in respect of the Interests of the Parties interested in the Incum.

brance, Commissioners,

XXI. And be it enacted, That if upon any Application for a upon Applica- Sale under this Act, or upon any Information or Evidence which tion for Sale,

may

be required by and produced to the Commissioners in relamay, after No- tion to the Matter of such Application, it shall appear to the Comtices and Hearing, direct a

missioners that a Sale of the Land or Lease to which the Appli. Sale.

cation may relate, or any Part thereof, may be found to be expedient, they shall direct Notices to be given to such Persons and in such Manner as they think fit, and shall, where any Parties interested in the Land or Lease apply to them for that Purpose, hear such Parties, by themselves, their Counsel or Agents, and shall, so far only as may be necessary to enable them to determine whether under all the Circumstances it is expedient that a Sale of all or any Part of the Land or Lease should be made, investigate the Title and the Incumbrances affecting the Land or Lease, and the State and Circumstances of the Land, or of the Land comprised in the Lease, and, if it shall in their Opinion be expedient that such a Sale should be made, may, at their Discretion make

an Order for the Sale of all or any Part of such Land or Lease. Commissioners XXII. Provided always, and be it enacted, That the Commisnot to make sioners shall not make an Order for Sale of any Land or Lease, or

any

any Part thereof, upon Application by an Incumbrancer on such Order for Sale Land or Lease, in case it be shown to the Satisfaction of the Com- on Application missioners, by the owner of such Land or Lease, that no Part of

by Incum

brancer where such Land or Lease is subject to any Receiver or in the Possession the Interest and of any Incumbrancer, and that the Amount of the yearly Interest annual Payon the Incumbrances and other yearly Payments (if any) in re- ments on spect of Charges payable out of the Income of such Land or Lease, Charges do not and the other Lands or Leases (if any) subject to the Incumbrance the net Income. of such Incumbrancer, do not exceed One Half of the net yearly Income (after the Payment of all Tithe Rent-charge, such Part of the County Cess and Poor's Rate as is payable by the Owner, and all Crown, Quit, and Head Rent,) of such Land or Lease, or of all the Lands or Leases so subject : Provided always, that the Decision of the said Commissioners thereupon shall in all Cases be final and conclusive to all Intents and Purposes whatsoever.

XXIII. And be it enacted, That where a Sale shall be made Tenancies, &c. under this Act the Commissioners shall, where and so far as they to be ascermay deem necessary for the Purposes of such Sale, ascertain the Tenancies of the occupying Tenants, and of any Lessees or Underlessees whose Tenancies, Leases, or Under-leases affect the Land or Lease, or Part thereof, to be sold, and may give such Notices and make or cause to be made such Inquiries as they shall think necessary for ascertaining and securing the Rights of such Tenants, Lessees, or Under-lessees as aforesaid; and all occupying Tenants, and all Persons being or claiming to be Lessees or Under-lessees as aforesaid, shall, at such Times and Places as the Commissioners may by their Notices require, produce all Leases, Underleases, and Agreements in Writing under which such Tenants or Persons occupy or claim to hold, if such Leases, Under-leases, or Agreements, or Counterparts thereof, be in their Possession or Power, and where they occupy or claim to hold under Leases, Under-leases, or Agreements in Writing not in their Possession or Power, or under parol Agreements or Lettings, they shall deliver, at such Times and Places as aforesaid, Particulars of the Terms and Conditions upon and subject to which they occupy or claim to hold ; and the Sale shall be made subject to the Tenancies, Sale may be Leases, or Under-leases, ascertained as aforesaid, and subject to made subject to which the Owner or Incumbrancer applying for a Sale under this an annual

Charge. Act shall be Owner or Incumbrancer, and such other of the Tenancies, Leases, and Under-leases, ascertained as aforesaid, as shall appear to the Commissioners to have been granted bona fide by the Owner or Person in possession or in receipt of the Rents and Profits, and subject to which it shall appear to the Commissioners the Sale should be made, save such (if any) of such respective Tenancies, Leases, and Under-leases as, with Consent as herein-after mentioned, shall be included in such Sale, and, where the Commissioners think fit, be made subject to any Leases, Under-leases, or Tenancies, according to any general Description or subject to any Condition concerning any Leases, Under-leases, or Tenancies the Nature of which shall not have been ascertained or shall be disputed ; and, when the Commissioners shall think fit, such Sale may be made subject to any annual Charge affecting the Land or Lease, or Part thereof, sold, or to any such apportioned Part of such annual Charge as the Commissioners may think fit

should

should remain charged thereon; and where such Land or Lease, or Part thercof, is subject to any Incumbrance under the Terms of which the Incumbrancer cannot be required to accept Payment of the Principal Money before the Expiration of a Term of Years unexpired, such Sale may, if the Commissioners think fit, be made

subject to such Incumbrance. Sale to be under XXIV. And be it enacted, That where the Commissioners make Direction of an Order for Sale, the Land or Lease, or Part thereof, to which Commissioners. such Order shall relate shall be sold, by or under the Control and

Direction of the Commissioners, by public Sale or private Contract,

together or in Lots or Parcels, at such Time and Place and geneExecution by

rally in such Manner as the Commissioners think fit; and the Commissioners Conveyance or Assignment of the Land or Lease, or Part thereof, sufficient. shall be made by the Commissioners under their Seal, and shall

be signed by Two of the Commissioners, and the Execution by any other Party of such Conveyance or Assignment shall be unnecessary; and such Conveyance or Assignment shall express or refer to the Tenancies, Leases, and Under-leases (if any), and Charge (if any), subject to which the Sale is inade, and may be in the Form contained in the Schedule to this Act, or to the like Effect, with such Limitation of Uses and other Additions or Variations as, with the Approval of the Commissioners, the

Purchaser may direct. Payment of XXV. And be it enacted, That the Purchase Money in every Purchase

Case shall be paid into the Bank of Ireland, to an Account to be Money.

there opened in the Name of the Commissioners, and to the Credit in each Case of the Estate sold, or as the Commissioners by General Rule or Special Order shall direct; and on the Notification by the said Bank to the Commissioners of the Receipt of the Money, a Certificate by the Commissioners of such Payment shall be endorsed on or written at the Foot of the Conveyance or Assignment; and on such Payment into the Bank the Purchaser shall be discharged from all Liability in respect of the Application of the Money so paid, and such Certificate of the Commissioners shall be

Evidence of such Payment. Where an In XXVI. Provided always, and be it enacted, That it shall be cuinbrancer lawful for any Incumbrancer on or Person otherwise interested in purchases, Com• any Land or Lease, or Part thereof, (other than the Incumbrancer missioners may or Owner upon whose Application the Sale has been ordered,) to authorize Pay- bid at any public Sale, and to become the Purchaser at any public Bank of Balance Sale or by private Contract, in like Manner as any Person not of Purchase interested therein might bid and become the Purchaser; and, by Money, after Leave of the Commissioners, it shall be lawful for the Incumretaining

brancer or Owner on whose Application the Sale has been ordered Amount of Incumbrance.

to bid and become the Purchaser ; and where an Incumbrancer on any Land or Lease, or Part thereof, shall be the Purchaser of such Land or Lease, or Part thereof, the Commissioners may, where they think fit, authorize such Purchaser to retain out of the Purchase Money the Amount which might have been ordered to be paid thereout in respect of such Incumbrance in case the whole Purchase Money bad been paid into the Bank of Ireland under this Act, or such Sum on account of such Amount as the Commissioners may think fit, and to pay the Residue only of the Pure chase Money into the said Bank; and where at the Time of autho

« PreviousContinue »