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Certificates VI. And be it enacted, That the Charge made by any such Certo be trans. tificate shall be deemed Personal Estate, and shall be transmissible as ferable by Endorse 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.
Registrar of Deeds to keep a Register of Owners of Certificates of Charge.
VII. And be it enacted, That there shall be kept at the said Office for registering Deeds, Conveyances, and Wills a Book, to be called “ The Register of Owners of Certificates of Charge;" and in such Book shall be entered the Names and Addresses of the 10 Owners for the Time being of the Certificates issued under this Act, and the Number and Date of every such Certificate, and the Letters, Numbers, or distinguishing Marks with which the Conveyance or Assignment of the Land or Lease affected by such Certificate is marked, pursuant to this Act; and upon any Certificate 15 issued under this Act being produced at the said Office, and upon Payment of a Fee of
the Person to whom the Money charged by such Certificate is thereby made payable shall be entitled to have his Name and Address entered in such Register; and upon the Deposit at the said Register Office of a Memorandum 20 in Writing of the Transfer of any such Certificate by the registered Owner for the Time being thereof, mentioning the Number and Date of the Certificate transferred, and the Letters, Numbers, or distinguishing Marks with which the Conveyance or Assignment of the Land or Lease affected by such Certificate is marked, pur- 25 suant to this Act, and the Name and Address of the Person to whom such Certificate is transferred, and signed by the Person transferring the same (such Signature being attested by some Witness), and upon Payment of such Fee as last aforesaid, the Person to whom such Certificate is in such Memorandum mentioned to have 30 been transferred shall be entitled to have his Name and Address entered in such Register, and such Memorandum as aforesaid may be in the Form set forth in the Schedule to this Act, or to the like Effect; and the registered Owner for the Time being of any
such Certificate shall, upon Payment of a Fee of
35 be entitled to a Certificate, under the Hand of the Registrar or an Assistant Registrar of the said Office, of his being such registered Owner; and any registered Owner for the Time being who desires to have his Address altered in the said Register shall be entitled, upon the Deposit at the said Office of a Notice in Writing signed by him, 40 and signifying sach his Desire, and mentioning the Number and Date of the Certificate of which he is the registered Owner, and the Letters, Numbers, or distinguishing Marks with which the Conveyance or Assignment of the Land or Lease affected by such Certificate
is marked, pursuant to this Act, and the Address which such
for such Entry in respect to each Certificate,
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 byc Deather
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 De
claration, &c. 15 of the Execution of a Memorial to be registered in the said Office
may be sworn, or any Person empowered to take Affidavits which
the said recited Act in this Behalf mentioned, stating the Manner in
has become transmitted as aforesaid, and containing in the Case of a
declaring the Identity of the Wife with the Owner of the Certificate,
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.
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 upon Pay-
Certificate and the Persons interested in the Land or Lease charged
cate, or delivered therewith to such Transferee, shall be Evidence
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
may be subject; and the Receipt of such registered Owner of or for Owner of
such Money shall, notwithstanding any Trust to which such CerCertificate a Discharge. tificate, 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.
Where Prin XI. And be it enacted, That where any Principal Money or Intecipal or Inte- rest payable under any such Certificate as aforesaid shall be in rest due on any Certi
arrear for Three Calendar Months, the Owner for the Time being ficate is in
of such Certificate may apply to the Commissioners for a Sale of 10 arrear for Three the Land or Lease charged therewith ; and upon Application, and Months,
after such Notice to the registered Owners of all Certificates of Commissioners 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 of the Land charged.
direct, it shall be lawful for the Commissioners to make an Order 15
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 as aforesaid shall transfer such Certificates to the Person redeeming the same.
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 charged by
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
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
Certificates, any specified Term or Period, any Party interested in
on giving 15 Lease shall, at the Expiration of Two Years from the Dates Three
Months of the several Certificates of Charge affecting the same, be at
Notice, 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.
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 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 se. respectively secured shall be bona notabilia, and where such Place cured by
Certificates 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
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.
3 & 4 Vict. C. 105.
Stamp on XVIII. And be it enacted, That every Certificate of Charge issued
progressive Duties as are chargeable in respect of a Mortgage ; but
Power to Trustees having Authority to invest on Real Secu. rities in England or Wales, Great Britain, or Ireland, to lend Money on Security of Certificates of Charge.
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.
Commis 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 and make acting under the Provisions of this Act, and for facilitating ProceedGeneral
ings under this Act, and it shall be lawful for the Commissioners, Rules for Procedure
from Time to Time, by General Rules or any Special Order, to make 40 under this such Provision as they think fit concerning the Mode of issuing Certificates for the Lodgment or Deposit of Money by Persons