5 infant shall have no guardian, it shall be lawful for the Court under this Act, if it shall think fit, to appoint a guardian of such infant for the purpose of any proceedings under this Act, and also to change such guardian from time to time. And be it Enacted, That where any person the committee of whose estate if he were idiot or lunatic would be authorized or directed to do any act or give any consent as aforesaid on his behalf shall be of unsound mind, or incapable of managing his affairs, but shall not have been found idiot or lunatic under an inquisition, 10 or there shall be no committee of the estate, it shall be lawful for the Court, on the application of any person on behalf or as next friend of such person, or on the application of any person interested in any proceedings pending under this Act, to appoint a guardian of such person for the purpose of any such proceedings under this 15 Act, and also at any time and from time to time to change such guardian. And be it Enacted, That the costs and expenses of and incident to every application for the appointment and change of any guardian under this Act shall be in the discretion of the Court, and shall and 20 may, if the Court think fit, be introduced amongst the costs to be provided for under the general provisions of this Act. Provided always, and be it Enacted, That this Act shall not authorize nor be taken to authorize the presenting of any petition for sale in any case where an incumbrancer shall be in possession 25 of the land which shall be subject to his incumbrance, unless with his consent, nor in any case where the first mortgagee of the land or lease shall have under his security a power of sale which has arisen and may be exercised, unless he shall make or consent to the application, or shall, after being requested by the petitioner so 30 to do, have refused, or for Three calendar Months have neglected to exercise such power of sale, nor in any case where at the time of presenting such petition any suit for foreclosure or redemption or sale of the incumbered land shall be pending, unless with the consent of the parties competent to consent to the dismissal or staying 35 of the suit, and that every such consent shall be stated in the petition for confirming and carrying into effect a contract for sale or for sale as aforesaid; and that in case of such suit it shall be lawful for the Court, under this Act, to give such directions to any parties for discontinuing or staying such suit, and respecting the costs thereof 40 or otherwise, as it shall see fit; and that pending any proceedings for a sale under this Act it shall not be lawful for any owner or person claiming to be owner within the provisions of this Act, or claiming by the act of such owner or person, or by act of law, leave of the 49. Proofs of Debts, &c. in a discon tinued Suit may be used in a Reference upon a Petition. 50. Consent where neces sary may, by leave of the Court, be given subsequently. 51. No Petition for Sale by Assignees of Bankrupts or Insolvents, without consent of major part of Creditors. 52. : Annual Returns to be laid before Parliament. pending any proceedings under this Act, or any incumbrancer, to And be it Enacted, That when any petition shall be presented for confirming and carrying into effect a contract for sale or for 10 a sale under this Act of any land or lease in respect of which any suit for foreclosure or redemption or sale shall have been pending, and shall be discontinued or stayed under this Act, it shall be lawful for the Court to order that all such proofs and debts and other proceedings, and such evidence as shall have been taken in 15 the suit, may be adopted and used in the proceedings under such petition, in the same manner as if the same had been originally taken under the reference upon such petition. Provided always, and be it Enacted, That when any petition for confirming and carrying into execution a contract for sale or for 20 a sale under this Act shall have been presented without the requisite consent, such consent may by leave of the Court be given subsequently, so as to render valid the proceedings under such petition; and that where any such petition shall be held by the Court invalid for want of such consent, it shall be lawful for the Court to make 25 such order against the person who shall have presented the same relative to the costs of any other person of any proceedings had under such petition as the Court shall think fit. And be it Enacted, That no petition shall be presented for confirming and carrying into execution a contract for sale or for a 30 sale under this Act by any assignee of any bankrupt or insolvent debtor, without the consent thereto of the major part in number and value of the creditors assembled at a meeting duly convened for that purpose first had and obtained: Provided nevertheless, That where any such petition shall have been presented without such 35 consent having been first had and obtained, such consent may by leave of the Court be given subsequently, so as to render valid the proceedings under such petition. And be it Enacted, That in the month of February in every year, if Parliament be then sitting, or if Parliament be not sitting, then 40 within Fourteen Days after the next meeting of Parliament, a Return shall he laid before both Houses of Parliament, showing the total amount amount or quantity in statute acres of all lands sold under the provisions of this Act during the year ending the Thirty-first day of December then last past, together with a statement of the total annual rent of such lands (so far as the same shall have been shown 5 in the proceedings), the total amount of incumbrances which affected such lands at the time of the applications for the sale thereof respectively under this Act, the total amount of purchase money for the same, together with the total amount of all such law-costs incurred as shall have been paid out of such purchase money, and 10 of all other charges and expenses which may have been paid or deducted from the proceeds of such sales under the order of the Court. And be it Enacted, That this Act shall, except so far as the special provisions of the same otherwise require, extend only to Ireland, and may be amended, altered or repealed by any Act to be passed in this Session of Parliament. 53. Act to extend to Ireland only, &c. 319. INCUMBERED ESTATES IN IRELAND BILL. [AS AMENDED BY THE COMMITTEE.] CONTENTS. SECT. 1. Construction of Terms. 2 to 26 inclusive. Proceedings for a Sale under Order of the Court. SECT. 2. Where Land, &c. in Ireland is subject to Incumbrance, Owner may, subject to the approbation of the Court of Chancery, contract to sell the same. 3. Lands to be deemed subject to Incumbrance where same shall affect any Term or Estate of 50 years unexpired at time of application to Court. 4. Like Power as to Leases in Perpetuity and long Terms. 5. Lease to be deemed subject to Incumbrance where same shall affect less than the 7. Petition to set forth Incumbrances, &c., and to be verified. 8. Lord Chancellor, &c. of Ireland may make Rules, &c. for carrying this Act into effect. Rules, &c. to be laid before Parliament. 9. Lord Chancellor, &c. may alter Rules from time to time. 10. Upon presentation of Petition for Sale, the Court may refer the same to a Master in Chancery, who shall inquire into the particulars of the same, and report upon the same. 11. Rules, &c. in force with respect to certain proceedings for payment of Incumbrances, &c. not inconsistent with this Act, or any rules made under the same, shall apply to proceedings under this Act. Court to apportion Costs as it may think fit. All persons becoming parties to be subject to the jurisdiction of the Court, &c. 12. Persons feeling aggrieved by Report of the Master, not compelled to take exceptions to the same. 13. In case of death, &c. parties interested may apply to the Court to carry on proceedings. 14. When, upon a Petition, &c. a Reference shall have been made to the Master, he shall cause the same to be published by Advertisements. 15. Error in Advertisement not to vitiate Proceedings. 16. Master, before proceeding, &c. shall cause Notice to be given to all Persons who shall appear to have interest in the subject of inquiry. 17. Persons claiming an interest in any Land, &c. may enter a Caveat in the Registrar's Office, and shall be thereby entitled to Notice. 18. All Persons claiming under Reference to appear before the Master, who shall, in his Report, state by whom he has been attended, &c. Omission of the Master to give Notice not to vitiate Proceedings. |