rizing such Retainer as aforesaid the Commissioners shall not finally have ascertained and determined the Priority and Rights of such Purchaser in respect of his Incumbrance, and the Amount which he would be entitled to be paid in respect thereof out of the Purchase Money, such Retainer shall be without Prejudice to the Power of the Commissioners to require such Purchaser to pay into the said Bank the whole or any Part of the Amount so retained which ought to be so paid by him; and the Commissioners shall withhold their Certificate of Payment herein-before mentioned until they shall be satisfied that the full Purchase Money, less the Amount which such Purchaser would be entitled to be paid in respect of his Incumbrance, has been paid into the said Bank. XXVII. And be it enacted, That every such Conveyance, Effect of Asexecuted as aforesaid by the Commissioners upon the Sale of surance, Land, shall be effectual to pass the Fee Simple and Inheritance of the Land thereby expressed to be conveyed, subject to such Tenancies, Leases, and Under-leases as shall be expressed or referred to therein as aforesaid, but, save as aforesaid and as herein-after provided, discharged from all former and other Estates, Rights, Titles, Charges, and Incumbrances whatsoever of Her Majesty, Her Heirs and Successors, and of all other Persons whomsoever; and every such Conveyance or Assignment, executed by the Commissioners upon the Sale of a Lease in Perpetuity or other Lease, shall be effectual to pass the Estate created or agreed to be created by such Lease and then remaining unexpired, subject to the Rent and Covenants annexed to the Reversion expectant on the Determination of such Lease, and to such Tenancies, Leases, and Under-leases as shall be expressed or referred to in such Conveyance or Assignment, but, save as aforesaid and as herein-after provided, discharged from all Rights, Titles, Charges, and Incumbrances whatsoever affecting the Leasehold Estate or Interest: Provided that where any Land or Lease, or Part thereof, shall be sold and conveyed or assigned subject to any annual Charge or apportioned Part thereof, such annual Charge or such apportioned Part thereof only (as the Case may be) shall remain and be charged on and payable out of such Land or Lease, or Part thereof, as in the Conveyance or Assignment shall be expressed. XXVIII. Provided always, and be it enacted, That any such Saving of Rights Conveyance or Assignment as aforesaid shall not prejudice or of Common, &c. affect any Right of Common, or any Right of Way or other Easement, or any Rent-charge in lieu of Tithes, Crown Rent, or Quit Rent, charged upon or issuing out of any Land, or any Charge made by virtue of an Act passed in the Sixth Year of Her Majesty, intituled An Act to promote the Drainage of Lands, 5 & 6 Vict. c. 89. and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland, and the Acts amending the same, or by virtue of an Act passed in the Tenth Year of Her Majesty, intituled An Act to facilitate the Improvement of Landed Pro- 10 & 11 Vict. perty in Ireland, save where the Commissioners shall think fit to c. 32. redeem the Crown Rents or Quit Rents, or to pay off or redeem the Charges under the said Acts or either of them, under the Power herein-after contained, and shall express in such Conveyance or Assignment that the Land conveyed or assigned thereby 12 & 13 VICT. Y 18 Commissioners may order Delivery of Counterparts of Leases, &c. and Posses sion to Purchaser. Application of Money paid into Appointment of new Trustees. is so conveyed or assigned discharged of all Crown Rents or Quit Rents, or Charges under the said Acts or either of them, as the Case may be, and in such Case such Land shall be so discharged accordingly. XXIX. And be it enacted, That the Commissioners shall have Power to order the Delivery to the Purchaser, or as he shall direct, of all Leases or Counterparts of Leases and Agreements, and other Evidences of the Tenancies subject to which the Sale shall be made, affecting the Land or Lease, or Part thereof, sold, and shall, on the Application of any Purchaser, issue an Order to the Sheriff to put such Purchaser in possession of all Lands not in the Occupation of Lessees, Under-lessees, or Tenants subject to whose Leases, Under-leases, or Tenancies the Sale shall have been made, and who shall have attorned to such Purchaser within a Time to be limited in such Order, and such Order shall be executed by the Sheriff in like Manner as a Writ for the Delivery of Possession. XXX. And be it enacted, That the Commissioners shall, out of the Purchase Money to be received on the Sale of any Land or Lease, or Part thereof, under this Act, allow and pay such Costs of and consequential on the Application for the Order for the Sale as they shall think fit, and the Expenses of and incidental to the Sale; and the Surplus of such Purchase Money, after Payment of such Costs and Expenses, shall, under the Order of the Commissioners, be applied in or towards Payment or Satisfaction of the Incumbrances or Charges which affected such Land or Lease, or Part thereof, according to their Priorities, and shall, subject as aforesaid, be paid to the Owner previously to such Sale of such Land or Lease, where such Owner was absolutely entitled thereto, or, where not so entitled, be laid out in the Purchase of Land which shall be limited and settled to the same Uses, upon the same Trusts, for the same Purposes, and in the same Manner as the Land or Lease, or Part thereof, sold, stood settled or limited to, or such of them as shall be then subsisting or capable of taking effect; and until such Money can be so laid out it may, under such Order as aforesaid, be transferred or paid over to Trustees to be appointed or approved by the Commissioners, for the Purpose of being so laid out as aforesaid, with such Power for the Investment thereof in Government Stocks, Funds, or Securities in the meantime, and such Directions for the Payment of the Income of such Investment in the Manner in which the Rents of the Land to be purchased would be applicable, as the Commissioners shall think fit. XXXI. And be it enacted, That any Money so paid into the Bank as aforesaid may by Order of the Commissioners be invested in their Name in the Purchase of any Stocks, Funds, or Annuities transferable at the Bank of Ireland; and, until the same shall be sold by Order of the Commissioners for the Purposes of this Act, the Dividends thereof shall from Time to Time be applied, under the Order of the Commissioners, in like Manner as the Rents of the Land or Lease, or Part thereof, from the Sale whereof the Money invested in such Stocks, Funds, or Annuities has arisen would have been applicable. XXXII. And be it enacted, That whenever the Commis. sioners shall appoint or shall direct the Appointment of Trustees for any of the Purposes of this Act it shall be lawful for the Commissioners to make or to direct to be made such Provision as they shall think fit for the Appointment of new Trustees, on any Event to be determined by the Commissioners. No Payment,not in full, to affect Right of In cumbrancer for Balance, and no Payment in respect of Incum XXXIII. Provided always, and be it enacted, That no Payment under this Act towards Discharge of what shall be due on any Incumbrance or Charge, not being Payment in full, shall prejudice or affect any Right or Remedy of the Incumbrancer or the Person entitled to the Charge in respect of the Balance, otherwise than as against the Land or Lease, or Part thereof, sold under this Act; and no Payment under this Act of or in respect brance to impair of any Incumbrance or Charge shall impair any Right or Equity Remedy over. of any Persons out of whose Estate such Payment shall be made to be reimbursed or indemnified by any Person or out of any other Land or Estate, except so far as the Commissioners under any special Circumstances shall order. vision as to Incumbrances, Purchase Money. XXXIV. And be it enacted, That it shall be lawful for the Commissioners Commissioners to sell any Land or Lease, or Part thereof, dis- may make Procharged from any Crown Rent or Quit Rent which they may be enabled and may, with the Consent of the Owner, think fit to Charges, &c., purchase, or from any Charge made by virtue of the said Acts of to facilitate the Sixth Year and Tenth Year of Her Majesty, or either of them, Sales, &c. and which they may, with such Consent, think fit to pay off or redeem; Distribution of and in any such Case the Commissioners shall, out of the Money arising from the Sale, and in preference to all other Payments thereout, pay the Consideration for the Purchase of such Crown Rent or Quit Rent, or such Sum as may be necessary for paying off or redeeming such Charge; and it shall be lawful for the Commissioners, where they think fit, to pay to any Person entitled to any annual or other Charge, not being an Incumbrance according to the Definition of this Act, who may consent to accept the same, a gross Sum in discharge or by way of Redemption thereof or of a Part thereof, and where a Part only of any Land or Lease subject to any Incumbrance or Charge is sold, to charge the Part not sold · with such Incumbrance or Charge, or an apportioned Part thereof, in exoneration of the Money arising from the Sale, and to enable or authorize Persons to release the Money arising from the Part so sold from any Incumbrance or Charge, or to relinquish their Claim on such Money in respect thereof, without impairing or affecting such Incumbrance or Charge as to the remaining Part of the Land or Lease originally charged; and the Commissioners, where they think fit, may invest or provide for the Investment of Money to meet any annual or periodical Charge, or any other Charge, Incumbrance, or Interest, where, by reason of such Charge, Incum. brance, or Interest being contingent or otherwise, it shall appear to the Commissioners proper or expedient so to do, and otherwise may make such Orders and Directions for applying the Money arising from any Sale in such Manner as will secure the convenient Application thereof for the Benefit and according to the Rights of the Parties interested in the Land or Lease, or Part thereof, from the Sale of which the same shall have arisen. XXXV. And be it enacted, That where any Money arising Power to Comfrom a Sale under this Act is not immediately distributable, or the missioners to Parties entitled thereto cannot be ascertained, or where from any order Money to Y 2 other be paid into Court of 10 & 11 Vict. c. 96. 11 & 12 Vict. c. 68. Lands included in different Applications, and different Interests in the same Land, may be included in the same Sale. other Cause the Commissioners think it expedient for the Protection of the Rights and Interests therein, the Commissioners may order such Money, or any Stocks, Funds, or Securities in which the same may have been invested under this Act, to be transferred to the Account of the Accountant General of the High Court of Chancery or of the Court of Exchequer in Ireland, or (where the Case may require) of the High Court of Chancery in England, in the Matter of the Parties interested in the same, to be described as the Commissioners shall think fit and direct, in trust to attend the Orders of such respective Court; and the Commissioners may by their Order declare the Trusts affecting such Money, Stocks, Funds, or Securities, so far as they have ascertained the same, or state (for the Information of the respective Court) the Facts or Matters found by them in relation to the Rights and Interests therein; and the High Court of Chancery, Lord Chancellor, and Master of the Rolls, in England and Ireland respectively, and the Court of Exchequer in Ireland, may make such Orders and give such Directions in relation to any such Monies, Stocks, Funds, or Securities as shall be so transferred to the Account of the Accountant General of such respective Court as such Court or Judge respectively might make or give in relation to any Trust Monies, Stocks, or Securities paid in, transferred, or deposited under the Act passed in the Eleventh Year of Her Majesty "for better securing Trust Funds, and for the Relief of "Trustees," or the Act of the last Session of Parliament for extending to Ireland the said Act of the Eleventh Year of Her Majesty respectively; and no Money transferred into the Name of the Accountant General of the Court of Chancery in Ireland, or paid out under this Provision under any Order of the Lord Chancellor or Master of the Rolls, shall be liable to Usher's Poundage. XXXVI. And be it enacted, That where there shall be separate Applications to the Commissioners for Sales under this Act of any Land and of any Lease in the same Land, or of Two or more Leases in the same Land, or there shall be such Applications for Sales of different undivided Shares of any Land or Lease, it shall be lawful for the Commissioners, where they shall see fit so to do, to include, with the Consent of the Persons by whom such respective Applications may be made or prosecuted, and of any other Persons whose Consent the Commissioners may, under the Circumstances, think fit to require, in the same Sale, upon such Terms as they think fit, such Land and Lease, or such Leases, or such several undivided Shares as aforesaid; and where there shall be separate Applications for Sales under this Act of any Land and of any Lease in other Land, or of different Lands or Leases in different Lands, it shall be lawful for the Commissioners, where, from the Lands being intermixed, or from other Circumstances, it shall appear to them convenient so to do, to include, with such Consent as aforesaid, such Land and Lease, or Lands or Leases, in the same Sale, upon such Terms as they may think fit; and where any Land or Lease, or Part thereof, subject to any Incumbrance, is proposed or ordered to be sold under this Act, it shall be lawful for the Commissioners, upon the Application of the Owner of any Lease or Under-lease, or Estate in reversion, or other other Estate or Interest whatsoever in the same Land, (and although such Lease, Under-lease, Estate in reversion, or other Estate or Interest be not subject to any Incumbrance, or would not, if subject to any Incumbrance, be subject to be sold under an Order of the Commissioners under the Provisions herein-before contained,) or upon the Application of any Incumbrancer on any such Lease, Under-lease, Estate, or Interest, to include the same, upon such Terms as they may see fit, in the Sale of the Land or Lease, or Part thereof, so proposed or ordered to be sold as aforesaid; and all the Provisions of this Act applicable to any Land or Lease subject to any Incumbrance, and ordered to be sold under this Act, and to any Incumbrance or Charge upon such Land or Lease, and to the Purchase Money arising from the Sale thereof, and to the Conveyance or Assignment thereof, shall, so far as Circumstances admit, extend and be applicable to every such Lease, Under-lease, Estate in reversion, or other Estate or Interest to be so included in the Sale; and in every such Case as aforesaid the Commissioners shall apportion the Purchase Money and Expenses as they see fit. may apportion XXXVII. And be it enacted, That if any Land or Lease to be If Land sold sold under this Act shall be subject to a Lease or Under-lease for shall be subject Years or Lives comprising other Land at an entire Rent, it shall to a Lease, &c. be lawful for the Commissioners to apportion the Rent between other Land, or comprising the Land to be sold and the Remainder of the Land subject to if Part of Lease such Rent; and where it is intended to sell under this Act a Part in Perpetuity, only of any Lease in Perpetuity or other Lease, it shall be lawful &c. be sold, for the Commissioners, where they shall think fit, and (having Commissioners regard to the Rights and Interest of the Owner of the Reversion) the Rent. it shall appear to them just so to do, to apportion the Rent reserved by such Lease between the Land to be sold and the Remainder of the Land; and the Commissioners shall direct Notices of any such intended Apportionment as aforesaid to be given to such Persons and in such Manner as they shall think fit, and shall hear such Parties as shall apply to them in relation thereto; and after such Apportionment, and after the Sale shall be completed, the Owners of the Reversion in the respective Lands shall have the like Remedies for the apportioned Rents against the Lands out of which the same shall be payable, and the Owners and Occupiers thereof respectively, as were subsisting for the entire Rent before such Apportionment; and all the Covenants, Conditions, and Agreements of every Lease or Under-lease, except as to the Amount of Rent to be paid, shall, as regards the apportioned Parts, remain in force in the same Manner as they would have done in case no such Apportionment had taken place. Disability. XXXVIII. And be it enacted, That where any Person who (if Provision for not under Disability) might have made any Application, given Persons under any Consent, done any Act, or been Party to any Proceeding under this Act, shall be a Minor, Idiot, Lunatic, or married Woman, the Guardian, Committee of the Estate, and Husband respectively of such Person may make such Applications, give such Consents, do such Acts, and be Party to such Proceedings, as such Persons respectively, if free from Disability, might have made, given, done, or been Party to, and shall otherwise represent such Person for the Purposes of this Act; but a married Woman entitled Y 3 |