Certificates to be transferable by Endorsement. Registrar of Deeds to keep a Register of Owners of Certificates of Charge. VI. And be it enacted, That the Charge made by any such Certificate shall be deemed Personal Estate, and shall be transmissible as Personal Estate in possession; and such Certificate, and the Charge thereby made, shall be transferable by Endorsement of such Certificate, and such Endorsement may be in the Form set forth in the 5 Schedule to this Act, or to the like Effect. VII. And be it enacted, That there shall be kept at the said charged by such Certificate is thereby made payable shall be entitled 35 be entitled to a Certificate, under the Hand of the Registrar or an is is marked, pursuant to this Act, and the Address which such 5 shall be entitled to have his Address altered in such Register Transmission tered, on claration, &c. VIII. And be it enacted, That if the Charge made by any Certi- Persons ficate under this Act become transmitted in consequence of the claiming, on Death, Bankruptcy, or Insolvency of the Owner thereof, or in con- of Charge, 10 sequence of the Marriage of such Owner, being a Female, or by any of Owner by Death, lawful Means other than such Transfer as herein provided, then upon ofCertificate, the Deposit at the said Office for registering Deeds, Conveyances, and may be regisWills of an Affidavit made before the Registrar or an Assistant Proof of Registrar of the said Office, or any Person before whom an Affidavit Title, by De15 of the Execution of a Memorial to be registered in the said Office may be sworn, or any Person empowered to take Affidavits which may be received in Evidence in the Court of Chancery in Ireland, or any Person authorized by the Commissioners to take Affidavits as in the said recited Act in this Behalf mentioned, stating the Manner in 20 which and the Party to whom the Charge made by such Certificate has become transmitted as aforesaid, and containing in the Case of a Marriage of a Female Owner of a Certificate a Copy of the Register of such Marriage or other Particulars of the Celebration thereof, and declaring the Identity of the Wife with the Owner of the Certificate, 25 and upon Payment in every Case of a Fee of the Person to whom the Charge made by any such Certificate is so transmitted shall be entitled to have his Name and Address entered in the said Register as the registered Owner of such Certificate. ment. IX. And be it enacted, That where the Commissioners have Receipt to 30 annexed Receipts to any Certificate of Charge issued under this Act the be delivered Party paying any Money due or owing on any such Certificate shall be up on Payentitled to require that the Receipt relating to such Payment shall be delivered to him; and, as between any Transferee of any such Certificate and the Persons interested in the Land or Lease charged 35 thereby, the Receipt or Receipts remaining annexed to such Certificate, or delivered therewith to such Transferee, shall be Evidence of the Amount remaining unpaid on such Certificate. owing on X. And be it enacted, That any Person paying to the registered Persons payOwner for the Time being of any Certificate of Charge issued under ing off Money 40 this Act any Money owing on such Certificate, shall not be bound to Certificates see to the Execution of any Trust, whether express, implied, or con- not bound to regard structive, to which such Certificate, or any Money secured thereby, Trusts. B 207. may Receipt of Where Prin. rest due on any Certificate is in arrear for Three Months, Commis of the Land charged. may be subject; and the Receipt of such registered Owner of or for such Money shall, notwithstanding any Trust to which such Certificate, or any Money secured thereby, may then be subject, and notwithstanding Notice of such Trust, be a sufficient Discharge to the Person paying the same, and such Person shall not be bound to see 5 to the Application of the Money paid on such Receipt. XI. And be it enacted, That where any Principal Money or Intecipal or Interest payable under any such Certificate as aforesaid shall be in arrear for Three Calendar Months, the Owner for the Time being of such Certificate may apply to the Commissioners for a Sale of 10 the Land or Lease charged therewith; and upon Application, and after such Notice to the registered Owners of all Certificates of sioners may Charge by which such Land or Lease shall be charged under this Act, order a Sale and to such other Persons as the Commissioners may think fit and direct, it shall be lawful for the Commissioners to make an Order 15 for the Sale of such Land or Lease or any Part thereof, and to proceed to a Sale and Conveyance or Assignment of such Land or Lease or Part thereof, or otherwise in relation to such Sale as in the Case of a Sale or Sales under the said Act; and where any Sale is ordered as aforesaid all unpaid Principal Monies charged under this 20 Act on the Land or Lease so to be sold shall be deemed to be due and payable, and, subject to the Payment of Costs and Expenses, the Commissioners may authorize the Bank of Ireland to pay the Amounts due on the Certificates chargeable on the Land or Lease sold, in such Manner and subject to such Regulations as the Commissioners may 25 from Time to Time by General Rule or Special Order direct; and notwithstanding the Provisions of the said recited Act such Application for Sale as aforesaid may be made to the Commissioners at any Time during the Continuance of the Office of such Commissioners, and an Order for Sale may be made as aforesaid although the 30 Amount of the yearly Interest on Incumbrances and yearly Payments in respect of Charges payable out of the Income of the Land or Lease to which the Application relates does not exceed One Half of the net yearly Income of such Land or Lease. Petitioner for Sale to deposit his Certificate, and to be liable to be redeemed. XII. And be it enacted, That the Party applying for such Sale as 35 aforesaid shall, on making his Application, deposit with the Commissioners all his Certificates chargeable upon the Land or Lease sought to be sold, and shall be liable to have such Certificates redeemed on Payment by any Party interested in such Land or Lease, or the Owner of any unsatisfied Certificate chargeable thereon, of the 40 Principal Money remaining owing on such Certificates, and all Interest accrued in respect thereof, and the Costs of the Applicant for Sale of and in relation to the Application; and thereupon the Person applying applying as aforesaid shall transfer such Certificates to the Person redeeming the same. charged by Debt. XIII. And be it enacted, That the Money made payable by any Money Certificate of Charge under this Act shall not be or be deemed a Certificate 5 Debt from the Purchaser in respect of whose Purchase the same has not to be been advanced, nor shall the Person to whom such Money is made deemed a payable by such Certificate or by virtue of any Endorsement have any Right of Action against such Purchaser or his Representatives, or against any Person whomsoever, in respect of the Money payable 10 under such Certificate. Land to be Certificates, Dates Three Months XIV. And be it enacted, That, subject to any Provision contained Owner of in any Certificate of Charge for the Continuance of any Principal at liberty Money secured thereby upon the Security of such Certificate during to pay off any specified Term or Period, any Party interested in any Land or on giving 15 Lease shall, at the Expiration of Two Years from the of the several Certificates of Charge affecting the same, liberty to give to the Owners of all such Certificates Three Calendar Months Notice in manner herein mentioned of his Intention to pay all Monies remaining secured on such Certificates, though 20 not then payable; and thereupon such Monies shall, as against the Party giving such Notice, and those claiming under him, be payable at the Expiration of such Notice; and such Party and his Representatives shall, within Fifteen Days after the Expiration of such Notice, be at liberty to pay into the Bank of Ireland the 25 Amount payable upon all such Certificates as shall then be outstanding in satisfaction of such Amount. registered XV. And be it enacted, That any Notice required under this Notices may Act to be given to the Owner for the Time being of any Cer- be sent to tificate under this Act may be so given by sending such Notice Name and 30 through the Post Office, addressed to the Name and Address Address, and published in appearing from such Register to be the Name and Address of Dublin the Owner of such Certificate, and by publishing such Notice in Gazette. the Dublin Gazette, or in such other Manner (if any) as the Commissioners may appoint. 35 Place Certificates XVI. And be it enacted, That the Place where any such Certificate In what as aforesaid shall be shall determine where the Monies thereby Monies serespectively secured shall be bona notabilia, and where such Place cured by shall be in Great Britain it shall not be necessary to obtain Probate to be bona of a Will or Letters of Administration out of any Ecclesiastical Court notabilia. 40 in Ireland in order to entitle the Executors or Administrators to receive any Money secured by any such Certificate, or to assign or otherwise deal with such Certificate. 207. XVII. And Judgment 3 & 4 Vict. c. 105. Stamp on XVII. And be it enacted, That no Judgment against the Owner for the Time being of any Certificate under this Act shall operate as a Charge upon the Land affected thereby, or upon such Certificate, or the Money secured thereby under the Provisions of the Act of the Fourth Year of Her Majesty's Reign, intituled "An Act for 5 "abolishing Arrest on Mesne Process in Civil Actions, except in "certain Cases, for extending the Remedies of Creditors against "the Property of Debtors, and for the further Amendment of "the Law and better Advancement of Justice, in Ireland," or otherwise. 10 XVIII. And be it enacted, That every Certificate of Charge issued Certificates. under this Act shall be chargeable with the like ad valorem and progressive Duties as are chargeable in respect of a Mortgage; but the Words contained in any Receipts annexed thereto under this Act, or in any Endorsement on any such Certificate, shall not be 15 reckoned in computing such progressive Duty; and such Receipts and Endorsements shall not be chargeable with other Stamp Duty. Power to Trustees having Authority to invest on Real Securities in England or Wales, Great Britain, or Ireland, to lend Money on Security of Certificates of Charge. Commis frame and XIX. And be it enacted, That it shall be lawful for any Person or Persons who, under or by virtue of any Trust or Power already given, created, or reserved, or hereafter to be given, created, or 20 reserved, is or are authorized or directed to lend Money at Interest on Real Security or Real Securities in England or Wales, or on Real Security or Real Securities in Great Britain, or on Real Security or Real Securities in Ireland, to lend the same or any Part thereof on any Certificate or Certificates of Charge under this Act, 25 in the same Manner in all respects as if such Investment had been expressly authorized in or by such Trust or Power; and such Person or Persons shall not, on account of his or their so lending Money on such Certificate or Certificates, be considered in a Court of Equity guilty of any Breach of Trust, or held accountable, further 30 or otherwise than if the Money had been laid out by him or them on Real Security or Real Securities in England, Wales, Great Britain, or Ireland respectively. XX. And be it enacted, That the Commissioners may, if and as sioners may they see Occasion, frame, and cause to be printed and circulated or 35 promulgate promulgated, all such Forms and Directions as they may consider requisite or expedient for the Assistance and Guidance of Persons acting under the Provisions of this Act, and for facilitating Proceedings under this Act, and it shall be lawful for the Commissioners, from Time to Time, by General Rules or any Special Order, to make 40 such Provision as they think fit concerning the Mode of issuing Certificates for the Lodgment or Deposit of Money by Persons Forms and agreeing |