Separate Register of Affidavits to be

kept, and to be

open to Inspection.

Defect in Notices, &c. not to invalidate

Sale where Pur

chase Money paid into Court.

Operation of a Conveyance upon a Sale

Dates of the Jurat and filing, and otherwise as described in such Certificate of the Registrar; and such Purchase Money shall be paid out or applied by Order of the Court made from Time to Time upon Petition to be preferred in a summary Way by any Person entitled under the Provisions of this Act; and unless within Two Months after Payment into the Bank of such Purchase Money the Court shall otherwise direct, such Purchase Money shall, without Order for this Purpose, be invested by the Accountant General in the Purchase in his Name of any Stocks, Funds, or Annuities transferable at the Bank of Ireland.

XLI. And be it enacted, That a separate Register of the Affidavits filed upon Sales without Order of the Court under this Act shall be kept in the said Court, and any Person shall have Liberty at any reasonable Time to inspect the same, on Payment of the Sum of Two Shillings and Sixpence for such Inspection, and shall be furnished with a Copy of any Affidavit on Payment after the Rate of Two-pence for every Seventytwo Words contained in such Copy.

XLII. And be it enacted, That where such Purchase Money shall be paid into the Bank of Ireland, with the Privity of the Accountant General as aforesaid, no Defect or Irregularity in the Notices and Affidavit, or the Certificate of the Registrar herein-before required, shall invalidate or affect such Sale or the Operation thereof.

XLIII. And be it enacted, That upon the Payment of the Purchase Money into the Bank of Ireland in manner herein without Order directed the Conveyance upon a Sale without the Order of the

of the Court.

Court as aforesaid shall, as from the Execution thereof by the Person selling as aforesaid, and without the Execution of such Conveyance by any other Person, be an effectual Disposition of the Land or Lease thereby expressed to be conveyed, as against the Person making such Conveyance, and as against the Owner mentioned in the Notice set forth in such Affidavit as aforesaid, and all Persons entitled or interested, or who may become entitled or interested, under the same Settlement, Will, or other Assurance, if any, mentioned in such Notice, and all Persons entitled or interested, or who may become entitled or interested, under the Incumbrances mentioned in such Notice, or any of them, and also as against all Estates, Rights, and Interests which the Persons against whom such Conveyance is hereinbefore made an effectual Disposition, or the Persons by whom such Incumbrances as aforesaid, or any of them, shall have been created, at the Time of such Creation, or at any Time afterwards, might have passed, barred, or prevented from taking effect, save and except the Estates, Rights, and Interests of all Lessees, Tenants, and Occupiers in possession, and of all Lessees and Under-lessees at Rents subject to whose Leases or Under-leases the Owner mentioned in such Notice shall be Owner of the Land or Lease expressed to be conveyed as aforesaid; and from and after the Expiration of Five Years from the Time of the Payment of such Purchase Money into the Bank of Ireland as aforesaid, such Conveyance shall have the same Operation as if the

Sale

Sale and Conveyance had been a Sale and Conveyance under the Order of the Court under the Provisions herein-before contained.

cuted within

XLIV. Provided always, and be it enacted, That a Convey- Rights proseance without the Order of the Court as aforesaid shall not Five Years not prejudice or affect any Estate, Right, or Interest, (other than to be affected. the Estates, Rights, or Interests against which such Conveyance is made effectual upon the Payment of the Purchase Money into the Bank of Ireland as aforesaid,) in case an Entry, Action, Distress, or Suit shall be made or brought on or in respect of such other Estate, Right, or Interest before the Expiration of such Five Years as aforesaid; and it shall be lawful for any Person claiming any such Estate, Right, or Interest in the Land or Lease comprised in such Conveyance to apply to the Court by Petition in a summary Way; and the Court may, upon such Petition, order that a Sum be set apart out of the Purchase Money in respect of such Estate, Right, or Interest, or to answer any Claim in respect of such Estate, Right, or Interest, or to answer any Claim in respect thereof, or to be applied by way of Payment in Purchase of or Compensation for the same, as the Court may think fit.

Sales without menced by Owner or In

Order com

dying, &c. may be proceeded with by the Person becom ing entitled.

XLV. And be it enacted, That where any Notice shall have been published, or other Act done, for or in relation to a Sale without the Order of the Court as aforesaid, and the Owner or Incumbrancer by whom such Notice shall have been published, cumbrancer or other Act done, shall die or cease to be Owner or Incumbrancer before the Sale or all the Sales which might be made or completed under such Notice or Act as aforesaid shall be made and completed, the Person who, after the Death or Determination of the Ownership of the Owner who shall have published such Notice or done such Act as aforesaid, shall for the Time being be Owner of the Land or Lease, or the Executors or Administrators or Persons who, after the Death or Determination of the Interest of the Incumbrancer who shall have published such Notice or done such Act as aforesaid, shall for the Time being be Incumbrancer in respect of the same Incumbrance, shall be entitled to proceed to the Completion of the Sale or Sales which might have been made and completed by the Owner or Incumbrancer by whom such Notice or other Act as aforesaid shall have been published or done, in case he had been living, and had not ceased to be Owner or Incumbrancer, and so on every successive Death or Determination of Ownership or Interest: Provided always, that it shall be lawful for the Lord Chancellor of Ireland, with such Advice and Consent as hereinbefore mentioned, from Time to Time to make such Rules and Orders as shall appear necessary for the Protection of Infants and absent Parties.

without Order

XLVI. And be it enacted, That the Money which shall be Purchase paid into the Bank of Ireland on any Sale without the Order Money on Sale of the Court as aforesaid shall be paid out and applied in of the Court to Payment of the Incumbrances which affected the Land or Lease be applied acfrom the Sale of which such Purchase Money shall have arisen, Rights in the cording to the

Receipt of Accountant General to be a suffi

cient Discharge.

Where it shall appear that there is more

than One Incumbrance,

Court may di

rect Proceedings to be instituted to ascertain Priority of the

same.

or otherwise according to the Rights of the Persons interested in such Land or Lease; provided that unless any other Person or Persons shall, upon Application by Petition as aforesaid, or otherwise, show better Right thereto, the Persons who may be entitled to the Incumbrances, and the Persons otherwise interested, according to the Statements in the Notice and Affidavit given and filed on such Sale as aforesaid, shall be deemed to be the Persons interested in such Land or Lease; and it shall be lawful for the Court, upon the Order for Payment out of Court of any such Money as aforesaid, to make such Conditions for the Delivery by the Person to whom such Payment may be made of any Title Deeds, or for the Execution of any Release of any other Land or Lease on such other Conditions as the Court may think fit and direct.

XLVII. And be it enacted, That, as respects as well Sales under the Order of the Court as Sales without the Order of the Court under this Act, and the Application of the Purchase Money arising therefrom respectively, the Receipt of the Accountant General aforesaid, or of such other Person as the Court shall from Time to Time appoint to receive any Monies paid under the Provisions of this Act, shall be a sufficient Discharge for the same, or for so much thereof as shall in such Receipt be expressed to be received.

XLVIII. Provided always, and be it enacted, That in any Case where it shall appear that there are more Incumbrances than One affecting any Land or Lease which shall have been sold or contracted to be sold, or shall be desired to be sold as aforesaid, whether with or without the Order of the Court, and any Doubt shall in the Opinion of the Court exist as to the Order and Priority of such Incumbrances, and in any Case in which the Court shall consider an Issue or a Suit or Action expedient for ascertaining or determining the Rights of Parties in the Land or Lease or Incumbrance, it shall be lawful for the Court at any Time, and either before or after any Sale under this Act, to direct any Proceedings to be instituted at Law or in Equity for the Purpose of ascertaining the same, and to make any Rules or Directions relative to such Matters as it shall see fit.

Application of XLIX. And be it enacted, That the Surplus of the PurSurplus of Purchase Money to be received on any Sale under this Act, whether chase Money. under the Order of the Court or without the Order of the Court as aforesaid, after the Discharge of all Incumbrances, shall be laid out, under the Direction of the Court, in the Purchase of other 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 sold stood settled or limited to, or such of them as shall be then subsisting or capable of taking effect; or such Monies may, at the Discretion of the Court, be paid out of Court to and distributed amongst the Parties who shall appear entitled thereto, as the Court shall direct; and all such Monies may in the meantime be paid over to Trustees, to be appointed by the Court, or in such Manner as it shall direct, for the Purpose

Purpose of such Investment thereof, and in such Manner as shall be directed by the Court.

be invested in

L. And be it enacted, That any Money so paid into Court Money paid may by Order of the Court be invested by the Accountant into Court may General of the said Court in his Name in the Purchase of any the Funds. Stocks, Funds, or Annuities transferable at the Bank of Ireland; and until the same shall be sold by Order of the Court for the Purposes of this Act, and after Payment of such Incumbrances as aforesaid, the Dividends thereof shall from Time to Time be paid to the Person who for the Time being would have been entitled to the Rents of the Land to be purchased therewith.

LI. And be it enacted, That no Money which under the Usher's PoundProvisions of this Act shall be paid into the Bank of Ireland age. to the Credit of the Accountant General of the Court of Chancery, or shall be paid out of Court, shall be liable to Usher's Poundage.

LII. And be it enacted, That whenever the Court shall Appointment of appoint or shall direct the Appointment of any Trustee for the new Trustees. Purposes of this Act it shall be lawful for the Court to make or

to direct to be made such Provision as it shall think fit for the Appointment of new Trustees on any Event to be determined by the Court.

Land to be sold,

LIII. Provided always, and be it enacted, That where any Where any annual Charge, not being an Incumbrance within the Meaning annual Charge, of this Act, shall affect any Land or Lease to be sold under the Incumbrance not being an Provisions of this Act, being Part of an Estate affected by such under this Act, annual Charge, it shall be lawful for the Person entitled to such shall affect any Charge, with the Approbation of the Court, and with the Con- the Person entisent of all Parties interested in the remaining Part of such tled to such Estate, to release the Land or Lease to be sold from such Charge may Charge, without impairing or affecting the same Charge as to &c. the remaining Part of such Estate, and the Form of such Release shall be approved by the Master, and may be included in the aforesaid Assurance; and if any Person so entitled shall be willing to execute such Release it shall be lawful for the Master to state such Matter in his Report.

release the same,

Purchase

the Money to

sold.

LIV. And be it enacted, That every Person to whom all or Parties to whom any Part of the Purchase Money received on any Sale, either the Surplus of with or without the Order of the Court under this Act, shall be Money is paid so paid out of Court as aforesaid, shall and he is hereby out of Court declared to be liable to refund and repay the same, or so much liable to repay thereof as he shall have received, unto and amongst the Person Parties proving or Persons who shall, upon a Suit to be instituted for that a better Title Purpose, prove to the Satisfaction of the Court that he or they to the Estate had at the Time of such Sale a better Title to the Land or Lease so sold as aforesaid, and in respect whereof such Purchase Money was received, than the Person or Persons to or amongst whom such Purchase Money shall have been so paid out and distributed as aforesaid; and every such Repayment shall be made to such Persons, and at such Time, and in such Proportions, Manner, and Form respectively, as the Court shall direct: [No. 31. Price 2d.] Hh Provided

Court may re

ment.

Provided always, that it shall be lawful for the Court, where for such Repay from any Uncertainty of Title or otherwise it shall appear proper so to do, before or upon the Payment out of Court of any such Purchase Money as aforesaid, to require and take from any Person to whom or for whose Benefit the same or any Part thereof shall be so paid out of Court such Security for the Repayment of such Money as to the Court in its Discretion shall seem fit.

Sale without Order of the Court not made bonâ fide for Discharge of Incumbrances to be treated as a Breach of Trust.

LV. Provided also, and be it enacted, That where a Sale shall have been made under this Act without Order of the Court of Land or Lease, and such Sale shall not have been made any bona fide for the Discharge of Incumbrances, the Person who shall have so sold under this Act, whether he shall or shall not have received all or any Part of the Purchase Money under Order of the Court, shall be and is hereby declared to be liable to pay or make to any Person whose Right or Interest to or in such Land or Lease shall have been defeated or prejudicially affected by such Sale such Compensation as the Person so selling would have been liable to pay or make in case the Power given by this Act had been a Trust for Sale for the Discharge of Incumbrances affecting such Land or Lease, and, subject thereto, a Trust for the Benefit of the Person whose Right or Interest shall have been so affected and of all other Persons interested in such Land or Lease, and the Court, upon Suit for that Purpose; shall order such Compensation to be made or paid accordingly, and where any Sale shall have been made under this Act without Order of the Court of any Land or Lease, and any Notice required by this Act shall have been withheld, or shall have been omitted to be given, or where any such Sale shall have been made at an Under-value by Collusion with the Purchaser or his Solicitor or Agent, then the Person who shall have so sold under this Act, whether he shall or shall not have received all or any Part of the Purchase Money under Order of the Court, and his Solicitor or Agent, and where such Sale shall have been made at an Under-value by Collusion the Purchaser, or his Solicitor or Agent if such Solicitor or Agent shall have been cognizant of such Collusion, shall jointly and severally be liable to pay or make to any Person whose Right or Interest to or in such Land or Lease shall have been defeated or prejudicially affected by such Sale full Compensation, and the Court, upon Suit for that Purpose against all or any of the Persons liable under this Provision, shall order such Compensation to be paid or made accordingly, and the Liability of any Defendant in any such Suit as aforesaid to any Pains or Penalties for Perjury in respect of any Statement in any Affidavit made under the Provision herein contained shall not be allowed in the way of Demurrer, Plea, or Refusal to answer or otherwise to protect such Defendant from Discovery in respect of the Premises: Provided always, that the Provision for Compensation herein contained shall not affect or abridge the Right of any Person to bring a Suit in Equity for the Recovery of the Land

or