« EelmineJätka »
whose estate if he were idiot or lunatic would be authorized | ing in a Court of Equity, they shall, by certificate under to act for and represent such person under this Act shall be their seal, notify to such court the order so made by them; of unsound mind or incapable of managing his affairs, but and all proceedings for or in relation to a sale under the de shall not have been found idiot or lunatic under an inquisi- cree of such court shall be stayed, and upon the completion tion, it shall be lawful for the Commissioners to appoint a of the sale under such order of the Commissioners any reguardian of such person for the purpose of any proceedings ceiver appointed by such court shall cease to act as such te
. under this Act, and from time to time to change such guar- ceiver with respect to the land or lease, or part thereof, sold; dian; and where the Commissioners see fit they may ap- and it shall be lawful for the court to suspend or stay ang point a person to act as the next friend of a married
woman other proceedings in such court, or under any order or decree for the purpose of any proceeding under this Act, and from already made by such court, as the court shall think fit ; and time to time remove or change such next friend.
pending any proceedings for a sale under this Act it shall not 39. And be it enacted, that proceedings under this Act be lawful for any owner or person claiming to be owner shall not abate or be suspended by any death or transmission within the meaning of this Act, or claiming by the Act of or change of interest, but in any such case of death or trans- such owner or person or by Act of Law, or any incumbran. mission or change of interest it shall be lawful for the Com- cer, to commence any proceedings at law or in equity for missioners, where they see fit, to require notices to be given redemption, foreclosure, or sale, or to commence, take, con to persons becoming interested, or to make any order for dis- tinue, or prosecute any proceeding whatsover under the Act continuing, suspending or carrying on the proceedings, or of the last Session of Parliament, " to facilitate the sale of otherwise in relation thereto, which to them may appear Incumbered estates in Ireland," without the leave of the just.
Commissioners. 40. And be it enacted, that in every proceeding under 43. And be it enacted, that wbere an application shall this Act the Commissioners shall have full power and discre- be made for a sale under this Act of an undivided share of tion as to the giving or withholding costs and expenses, and any land or lease, or where any such undivided share shall as to the persons by whom and the funds out of which the have been sold under this Act, and either before or after the same shall in the first instance or ultimately be paid, repaid, conveyance or assignment thereof under this Act, the Com. and borne, and shall and may apportion the same amongst missioners, on the application of any party interested in such such parties, and in respect of interest, rents, or income, and undivided share, or of the purchaser, (as the case may be,) principal or corpus, as they shall see fit.
and after causing to be given such notices to the owner of 41.' And be it enacted, that application may be made to owners of the other undivided share or shares of the same the Commissioners for a sale under this Act, and an order for land or lease as they may think fit, and hearing such parties such sale may be made by them notwithstanding any pend-interested in the respective shares as may apply to them, ing proceedings in a Court of Equity in England or Ire aud making or causing to be made such inquiries as may land, or any decree of any such Court of Equity already enable them to make a just partition, may, if they think 6, made for sale, and notwithstanding the owner may have make an order under their seal for the partition of such land power under an Act of Parliament or otherwise to make a or lease; and in such order, or in a map or plan annexed sale; and where it shall be shown to the Commissioners that thereto, shall be shown the part allotted in severalty in te. a decree for sale has been made by a Court of Equity, the spect of each of the undivided shares in such land or lease ; Commissioners shall, if they see fit, without further inquiry, and the Commissioners shall have the like authorities
, jurisa order a sale of the land or lease decreed to be sold; and diction, and powers in relation to such partition as a Court where any sale shall be made of any land or lease, or part of Equity would have in the case of a partition under the thereof, in respect of which there shall have been a decree direction of such court; and the part so allotted in severalty of a Court of Equity, or any proceedings pending in a Court in respect of each such undivided share by such order for of Equity, the Commissioners shall, in distributing such partition as aforesaid shall, without any conveyance or other monies and in their other proceedings, have regard to the assurance in relation thereto, go and enure to and upon the proceedings in such court in relation to the priorities and same uses and trusts, and be subject to the same conditions, rights of incumbrancers and others; and where there shall charges, and incumbrances, as the undivided share in respect have been a decree of a Court of Equity the Commissioners of which the same is so allotted would have stood limited or shall, in distributing the monies arising on the sale and in been subject to in case such order had not been made; and their other proceedings, proceed upon and be guided by the the like order for a sale of the part allotted in respect of the declarations of and inquiries and proofs made and taken undivided share to which the application for the sale sball under such decree in relation to such priorities and rights as relate may be made (where the order for partition is made aforesaid ; provided that it shall be lawful for the Commis- before sale,) and the like proceedings had in relation to such sioners, where it shall appear to them that there is any cleri. sale, and the like conveyance or assignment may be made of cal error, or any error of names or in computation, or other the part alloted in respect of the share sold (where the order like error, in such decree, or in any finding or proof, or for partition is made after sale, and before conveyance or where from matters conuing to their knowledge it shall ap- assignment,) and with the like consequences in the several pear to them that the court in which the decree has been cases aforesaid, as if the application for a sale, or the sale, made should have an opportunity of reconsidering such de-(as the case may be) had been in respect of the part so cree, or considering or recon-idering any finding or proof, allotted as aforesaid ; and where any land or lease, or part to direct such person as the Commissioners may think fit to thereof, to be sold under this Act, is subject to any lease
, apply to such court in relation thereto, and such court may under-lease, or tenancy under which the lessees, under-lesmake such order concerning the matter of such application sees, or tenants hold jointly or as tenants in common, it shall as it may think fit; and the Commissioners shall, out of any be lawful for the Commissioners, on the application of any monies arising from any sale under this Act, where there such lessee, under-lessee, or tenant, and after causing to be shall have been any such decree or pending proceedings as given such nutices as they may think fit, and hearing such aforesaid, make such provision for payment of any costs parties as may apply to them, and making such inquiries as incurred in relation to the proceedings in the Court of they may think necessary, to make an order under their seal Equity as the circumstances may require; or the Commis. for the partition, as between such lessees, under-lessees, or sioners may, in any of the cases aforesaid, where they think tenants, of the land included in their lease, under-lease
, or fit, order all or any part of the purchase money, after pay- tenancy, and for the apportionment of the rent reserved or ment thereout of such costs and expenses as may be payable payable under such lease, under-lease, or tenancy; and after thereout under the orders of the Commissioners, to be paid such order of partition the owner of the reversion in the reinto the Court of Equity in or under any suit or decree there spective parts of the land shall have the like remedies for the pending or made.
apportioned rents against the respective parts out of which 42. And be it enacted, that where the Commissioners the same shall be payable, and the lessees, under-lessees, or shall order the sale of any land or lease, or part thereof, in tenants holding such respective parts under such lease, respect of which any decree shall have been already made by under-lease, or tenancy, and such order of partition, as were a Court of Equity for sale, or any proceedings shall be pend- subsisting for the entire rent before such partition and ap
portionment; and all the covenants, conditions, and agree. sioners may think fit for ascertaining whether such exchange ients of every such lease, under-lease, or tenancy, except would be beneficial to the persons interested in the rea to the amount of rent to be paid, shall, as regards the spective lands; and in case the Commissioners shall be of respective parts allotted on such partition, and the appor- opinion that the proposed exchange would be beneficial, and tioned parts of the rent, remain in force as against the re- that the terms thereof are just and reasonable, they shall spective lessees, under-lessees, or tenants to whom under make an order under their seal for such exchange accord. such partition such respective parts shall be allotted. ingly; and in such order for exchange, or in a map or plan
44 And be it enacted, that where an application shall be annexed thereto, shall be showo the lands given and taken made for a sale under this Act of any land or lease, or part in exchange respectively under such order; and the land thereof, or where the same shall have been sold under this taken upon such exchange under such order shall, without Act, and either before or after the conveyance or assign- any conveyance or other assurance, in relation thereto, go ment thereof under this Act, if application be made to the and enure to and upon the same uses and trusts, and be subCommissioners by any party interested in such land or lease, ject to the same conditions, charges, and incumbrances, as or by the purchaser, (as the case may be.) for the exchange the land given upon such exchange would have stood limited of all or any part of such land, or of all or any part of the or been subject to in case such order had not been made. land comprised in such lease, for other land which the owner 47. And be it enacted, that it shall be lawful for the thereof may be willing to give in exchange, the Commis- Commissioners, upon the application of any number of persioners may make or cause to be made such inquiries as they sons who shall be separately owners of parcels of land not may think fit for ascertaining whether such exchange would subject to be sold under this act, or as to which no proceedbe beneficial to the persons interested in the respective lands, ings for a sale under this act shall be pending, so intermixed, and cause snch notices to be given to parties interested in or divided into parcels of inconvenient form or quantity, the respective lands as they may think fit; and if, after that the same cannct be cultivated or occupied to the best making such inquiries, and hearing such parties interested advantage, but forming together a tract which may be diin the respective lands as may apply to them, the Commis- vided into convenient parcels, and who shall desire to have sioners shall be of opinion that such exchange would be be the whole of such tract divided into convenient parcels, to neficial, and that the terms thereof as proposed, or as modi- be allotted in lieu of the old parcels, to make or cause to be fied by them, with the consent of such owner as aforesaid, made such inquiries as the Commissioners may think fit, for are just and reasonable, they may make an order under their ascertaining whether such proposed division and allotment seal for such exchange accordingly, and in such order for would
be beneficial to the persons interested in such lands ; exchange, or in a map or plan annexed thereto, shall be and in case the Commissioners shall be of opinion that the shown the lands given and taken in exchange respectively proposed division and allotment would be beneficial, they under such order; and the land taken upon such exchange shall make an order for the division and allotment thereof under such order shall, without any conveyance or other accordingly, with a map or plan thereunto annexed, in which assurance in relation thereto, go and enure to and upon the shall be specified as well the parcels in which the several persame uses and trusts, and be subject to the same conditions, sons on whose application such order shall have been made charges, and incumbrances, as the land given on such ex- were respectively interested before such division and allot. change would have stood limited or been subject to in case ment as the several parcels allotted to them respectively by such order had not been made ; and the like order for a sale such order; and the parcels of land taken under such divi. may be made in respect of the land taken in exchange for sion and allotment shall go and enure to and upon the same any land, or any land comprised in any lease to which the uses and trusts, and be subject to the same conditions, application for a sale shall relate, (where the order for ex- charges and incumbrances, as the several lands which the change is made before sale,) and the like proceedings had in persons taking the same shall have relinquished or lost on relation to such sale, and the like conveyance or assigoment such division would have stood limited or been subject to in may be made in respect of the land taken in exchange for case such order had not been made. the land or lease, or part thereof, sold, (where the order for 48. Provided always, and be it enacted, that in the case exchange is made after sale, and before conveyance or of land in respect of which no proceedings for a sale under assignment,) and with the like consequences, in the several this act shall be pending, no such order of partition or of excases aforesaid. as if the application for a sale, or the sale, change, or of division and allotment, as aforesaid, shall be (as the case may be,) had been in respect of the land so made by the Commissioners until such notices by advertisetaken in exchange.
ment in such public newspaper or newspapers as the Com45. And be it enacted, that it shall be lawful for the Commissioners shall direct shall have been given of such promissioners, upon the application of the owners of the several posed partition, exchange, or division and allotment, and undivided shares (not subject to be sold under this act, or as three calendar months shall have elapsed from the publicato which no proceedings for a sale under this act shall be tion of the last of such advertisements ; and in case before pending) of any land in Ireland who shall desire to effect a the expiration of such three calendar months any person partition of such land, to make or cause to be made such in entitled to any estate in or to any charge upon any land inquiries as the Commissioners may think fit for ascertaining cluded in such proposed partition, exchange, or division and whether such partition would be beneficial to the persons in allotment, shall give notice in writing to the Commissioners terested in such respective shares; and in case the Commis- of his dissent from such proposed partition, exchange, or sioners shall be of opinion that the proposed partition would division and allotment, (as the case may be,) the Commisbe beneficial, and that the terms thereof are just and reason. sioners shall not make an order for such partition, ex. able, they shall make an order under their seal for such par- change, or division and allotment, unless such dissent shall tition accordingly; and in such order, or in a map or plan be withdrawn, or it shall be shown to the Commissioners annexed thereto, shall be shown the part allotted in severalty that the estate or charge of the party so dissenting shall have in respect of each such undivided share; and the part so ceased, or that such estate or charge is not an estate or allotted in severalty in respect of each such undivided share charge in respect of which he would be entitled in equity to by such order of partition shall, without any conveyance or prevent such partition, exchange, or division and allotment; other assurance in relation thereto, go and enure to and but no such order as aforesaid shall be in anywise liable to upon the same uses, and be subject to the same conditions, be impeached by reason of any infirmity of estate or defect charges, and incumbrances, as the undivided share in respect of title of the persons on whose application the same shall of which the same is so allotted would have stood limited or have been made. been subject to in case such order had not been made. 49. And be it enacted, that every conveyance and as.
46. And be it enacted, that it shall be lawful for the signment respectively executed as required by this act, and Commissioners, upon the application of the owners of lands in every order for partition or for exchange, or for division and Ireland not subject to be sold under this act, or as to which allotment, made by the Commissioners under their seal, no proceedings for a sale under this act shall be pending, shall for all purposes be conclusive evidence that every apwho shall desire to effect an exchange of such lands, to plication, proceeding, consent, and act whatsoever which make or cause to be made such inquiries as the Commis- ought to have been made, given, and done previously to the
execution of such conveyance or assignment, or the making wise, and whether corporeal or incorporeal
, and any undi. of such order respectively, has been made, given, and done vided share thereof; and the word “estate" shall extend to by the person authorized to make, give, and do the same; an estate in equity as well as at law, and to an equity di and no such conveyance, assignment, or order shall be im- redemption, and to the benefit of any covenant or contract peached by reason of any inforınality therein.
for or right of renewal; and the word “ Lease" shall includes 50, And be it enacted, that the Commissioners shall not an agreement for a lease, and the estate or interest created be subject to be restrained in the execution of their powers or agreed to be created by such lease or agreement in the under this act, nor shall any person be restrained from whole or any part of the land therein comprised; and the making application under this act to the Commissioners, or expression " lease in perpetuity shall mean ang lease or doing any other act or giving any consent under the progrant for one or more life or lives, with or without a term of visions of this act, by order or injunction of a Court of years, or for years determinable on one or more life or lives, Equity, or by writ of probibition, nor shall the Commis- or for years absolute, with a covenant or agreement in any sioners be required by writ of mandamus to do any act or of such cases, whether in the same or in any other instru take any proceeding under this act, por shall proceedings ment, for the perpetual renewal of such lease or grant
, before them be removable by certiorari; and the Commis- whether such lease shall be derived out of the inheritance of sioners shall not, nor shall any of them, nor shall any person by way of under lease out of any lease or other estate ; and acting under the order or authority of them or any of them, the expression church or college lease" shall include any be liable to any action, suit, or proceeding for or in respect lease by any archbishop, bishop, dean, or dean and chapter, of any act or matter bona fide done or omitted by them re or other ecclesiastical corporation, sole or aggregate, or by spectively in the exercise or supposed exercise of the powers the College of the Holy and Undivided Trinity Dear Dub. of this act.
lin, or by the Ecclesiastical Commissioners for Ireland, 51. And be it enacted, that it shall be lawful for the where a fine has been paid on the grant of such lease; and Commissioners to review and rescind or vary any order the word “incumbrance” shall mean any legal or equitable which shall have been previously made by them, but, save mortgage in fee, or for any less estate, and also any money as aforesaid and as herein-after provided, every order of the secured by a trust, or by judgment, decree, or order of any
Commissioners shall be final : provided always, that where superior court of law or equity duly registered, and also ang the Commissioners allow appeal, but not otherwise, appeal legacy, portion, lien, or other charge, whereby a gross su against any order of the Commissioners may be made to the of money is secured to be paid on an event or at a time cer. Privy Council of Ireland within one calendar month from tain, and also any annual or periodical charge which by the the making of the order appealed against, and such appeal instrument creating the same, or by any other instrument, in shall be heard and reported on by members of the Privy made repurchasable on payment of a gross sum of money, and Council, to be appointed by such judicial committee of the also any arrear remaining unpaid of any annual or periodical said Privy Council as herein-after mentioned, and the orders charge, for payment of which arrear a sale of any land of the said Privy Council in relation to such appeal shall be charged therewith might be decreed by a court of equity : made according to the reports of such judicial committee, and the word “incumbrancer" sball mean any person eia and the order of the said Privy Council on the appeal shall titled to such incumbrance, or entitled to require the paybe final.
ment or discharge thereof; and the word “possession" shall 52. And be it enacted, that the judicial committee herein- include the receipt of the rents and profits; and the word before referred to shall consist of the Lord High Chancellor owner” as applied to any land, shall include any person of Ireland for the time being, and such of the members of entitled in possession in fee simple or in tail, or quasi in the said Privy Council as shall from time to time hold any tail, and any person entitled in possession for a life or lives
, of the following offices in Ireland ; that is to say, the office or for a term of years determinable on the dropping of any of Lord Keeper or First Lord Commissioner of the Great life or lives, or for a term of years of which not less than Seal of Ireland, Lord Chief Justice or Judge of the Court ninety-nine years are unexpired, not being a lessee at a rent
, of Queen's Bench, Master of the Rolls, Lord Chief Justice and also any person entitled in possession as tenant by the or Judge of the Court of Common Pleas, Lord Chief Baron curtesy, whether at law or in equity, and any person entitled or Baron of the Court of Exchequer, and Judge or Com- in possession, whether in fee or for any lesser estate as aforemissary of Her Majesty's Court of Prerogative for Causes said, to the equity of redemption in any land, or to the land Ecclesiastical and Court of Faculties in and throughout subject to any incumbrance, or a trust for the payment of Ireland, and of all persons members of the said Privy any incumbrance, and any feoffees or trustees for charitable Council who shall have held the office of Lord Chancellor or other purposes, entiiled in possession; and the word of Ireland, or any of the other offices herein-before men-owner" as applied to a lease in perpetuity or other lease, tioned, and of such other persons not exceeding four in sball include any person entitled in possession to the land cob. number, being Privy Councillors in Ireland, as the Lord prised in such lease for the whole estate created or agreed Lieutenant or other chief governor or governors for the to be created by such lease, or for any derivative estate time being of Ireland shall appoint to be members of such created by settlement, or testamentary or other disposition committee ; and no such appeal as aforesaid shall be heard thereof), quasi in tail, or for a life or lives, or for years de or reported on by the said judicial committee unless in the terminable on the dropping of a life or lives, or for years of presence of at least four members of the said committee ; which not less than fifty years are unexpired, not being an and nu report on such appeal shall be made unless a majority under lease at a rent derived out of such lease, and any per of the members of such committee present at the hearing son entitled in possession, for such whole estate or such derie concur in such report.
vative estate as aforesaid, to the equity of redemption in such 53. And be it enacted that every person who upon ex lease, or to such lease subject to any incumbrance
, or a amination upon oath, affirmation, or declaration before the trust for the payment of any incumbrauce: and the word Commissioners or any of them, or any person appointed and person" and the word owner" shall extend to a body authorized under this act by the Commissioners to admi- politic or corporate as well as to an individual; the word ister such oath, affirmation, or declaration, shall wilfully • Commissioners' shall mean " the Commissioners for sale give false evidence, and every person who shall wilfully swear of Incumbered Estates in Ireland;" the expression " the affirm, or declare falsely in any affidavit authorized under this Commissioners of Her Majesty's Treasury" shall mean such act to be received in evidence by the Commissioners, shall Commissioners for the time being or any three of them. or be liable to the pains and penalties of perjury.
the Lord High Treasurer for the time being; and every 54. And it he enacted, that in the constructiou of this word importing the singular number only shall extend to see act (except where the context or other provisious of the veral persons or things, and every word importing the plural act require a different construction) the word “ Land" shall number shall apply to one person or thing; and every word extend to manors, advowsons, rectories, messuages, lands, importing the masculine gender only shall extend 10 a fetenements, rents, and hereditaments of any tenure, whether male. subject to any fee farm or other perpetual ient, with or with 55. And be it enacted, that this act sball, except so far as oui condition of re-entry for securing the same, or other the special provisions of the same otherwise require, extend
only to Ireland, and inay be amended or repealed by any the public convenience ; but they may resume such sittings aet to be passed in this session of parliament.
again for the despatch of business on any day or days during
the interval of any such adjournment, should they find it neSCHEDULE
cessary so to do; and the several offices of the court shall Form of conveyance on sales by the Commissioners (which be open for business upon all days of the year, except on
may be used with such variations as the circumstances may Sundays, Christmas Day, and the three days next after appear to the Commissioners to require).
Christmas Day, New Year's Day, Good Friday, and Eas. WE
two of the Commissioners for ter Monday and Tuesday ; and shall continue open for the sale of Incumbered Estates in Ireland, under the authority despatch of businesss from ten until four o'clock each day of an act passed in the
year of the reign of during the period appointed for the sittings of the court, and Queen Victoria, intituled (here set forth the title of this from twelve until three o'clock on all other days; and the act), in consideration of the sum of
officers and clerks belonging thereto respectively, shall by E. F. of &c., paid into the Bank of Ireland to our ac- attend in such offices in the discharge of their several duties count to the credit of
do during the periods above mentioned, unless otherwise engrant unto the said E. F. all [here describe the premises to gaged in the business of the court, or unless prevented by be sold), to hold the same unto the said E. F., his heirs and sickness, or other unavoidable cause, or allowed leave of abassigns, [or, in the case of a chattel interest in a lease, his sence by the court. executors, administrators, and assigns,] for ever, for for 3. That an entry be made in the office, in a book to be the unexpired term created by a certain
lease, describing the kept for that purpose, of every matter depending in the court, lease, as the case may be], subject to [here specify, where with a proper index, for the purpose of reference ; and the sale is made subject thereto, the tenancies, leases, under whenever a petition shall be presented by a party who is not leases, or charge, either by reference to a schedule or other. the owner, the name of the owner, as well as the petitioner, vise).
shall be inserted in the index to such book, in order that the In witness whereof we the said A. B. and C. D. have proceedings pending in the court, may be the more easily hereunto set our hands and the seal of the said Commis- searched for and ascertained ; and that all orders and rules sioners, this
in the made by the Commissioners shall be entered in a book to be year of our Lord
called the “ Rule Book." A. B.
4. That all attested copies of petitions, affidavits, C. D. and other documents, in the offices of the court shall be [ Seal of the Commission.] written on foolscap paper, bookwise, and shall contain three
folios of ninety words in each page; and all copies shall be The certificate of payment to be endorsed on or written at attested by the secretary or a chief clerk, whether such cothe foot of the conveyance or assignment may be in the fol- pies be brought in for attestation, or be made out in the lowing form:
office, and when it is required that the common seal of WE certify that the within [or above] mentioned sum of the Commissioners shall be affixed to any document, the
was paid into the Bank of Ireland same shall be done by the secretary, or by such other perto the account and credit within [or above] mentioned on sons as the court shall from time to time appoint for that the day of
purpose. A. B.
5. That proceedings under this act shall be commenced C. D.
by petition, to be addressed and framed according to the [ Seal of the Commission.] forms to be approved of by the Commissioners; and every
such petition shall be signed by the petitioner or his attorney,
and shall be accompanied by an affidavit verifying the maGENERAL RULES.
terial facts therein. UNDER THE 12Th & 13th VIC.. CHAP 77. 6. That every person presenting a petition to the ComDated the 18th day of October, 1849.
missioners, otherwise than through the agency of an attorIt is this day ordered by the Right Honourable John ney, shall state some place at foot thereof, within the City
of Dublin, where notices and orders may be served on him; Richards, one of the Barons of Her Majesty's Court of Ex- and such party, or in case of his death or transmission of his chequer in Ireland, Mountifort Longfield, LL.D., and Char- interest, the party claiming in his right may from time to les James Hargreave, Esq., being the Commissioners for sale time change such place of address, and substitute some other of incumbered estates in Ireland, pursuant to the statute in place within the City of Dublin for the like purpose. that case made and provided, that the following general rules 7. That after a petition is filed, the secretary, or such and orders shall take effect and be binding in relation to all other officer as the Commissioners shall from time to time, proceedings to be hereafter had or taken under and in pur- for that purpose appoint, shall, on the application of any suance of the provisions of an act passed in the session party interested, give a certificate that such petition bas holden in the 12th and 13th years of the reign of Her Ma- been filed, in order that the matter may be registered as a jesty Queen Victoria, chap. 77, entitled " An Act further lis pendens. to facilitate the sale and transfer of incumbered estates in
8. That on every petition for a sale, an order shall be Ireland”:1. That in the construction of any general rules or orders made by the Commissioners
, either dismissing the petition,
or referring it for inquiry to one of the Commissioners, or made by tbe Commissioners, the words and phrases to which granting a conditional order for a sale, stating therein by a particular or extended meaning is assigned by the 54th name or general description, the parties who must be served section of the act shall, when used in such rules or orders, with such order, and the time withia which cause against be understood to bear such particular or extended meaning, such order must be shown ; but the petitioner, if he be disexcept where the context or other provisions of the rules re- satisfied with the fiat of the Commissioners, may, by notice quire a different construction; and the word "affidavit "shall left in the office, require that the matter of his petition may include an affirmation or declaration made by any person be moved in court. who by law is empowered to give evidence by affirmation or
9. That in any case in which a party shall seek to show declaration in lieu of oath ; and that when time is to be com- cause against, or to set aside any order made by the Computed by days, it shall be exclusive of Sundays, and the ho missioners, he shall lodge a notice to that effect in the office, lidays in the next succeeding rule stated, and when it is to and state at foot, or on the back thereof, upon what party be computed by the month, it shall be construed calendar he requires such notice to be served and the subject matter month, and in all cases it shall be exclusive of the first, and of such notice shall come on to be heard in due course beinclusive of the last day, unless the last day be one of such fore the Commissioners ; and the Commissioners, on the holidays, when the following day shall be included. 2. That the Commissioners may adjourn their sittings discharge the order already pronounced, or to direct a re.
hearing of such matter, shall make an order to vary, or to from one day to the next, or to any other day they may think ference to one of the Commissioners, or make such other espedient, having regard to the state of their business and
order as they shall think fit, and may order the whole, or any highest bidder the purchaser, unless the highest sum offered portion of the costs, up to and including the hearing of shall be, in the opinion of the Commissioners, clearly inade
. such matter, to be paid by such of the parties as they shall quate, or unless the Commissioners shall see good cause think properly liable thereto.
against confirming the sale. 10. That, if the owner shall rely upon the provisions of 18. That, the conveyance or assignment of all premises the 22nd section of the Act, in opposition to a sale, he shall sold by the Commissioners, shall be prepared by and at the file an affidavit containing all the particulars required by that expense of the purchaser, and the draft thereof shall be apa section; and also stating, as nearly as he can, how much proved of by the Commissioners, or by the Commissioner
, has been received during each of the seven years immediately
to whom the matter is referred It shall specify the tenanpreceding the presentation of the petition for the rent and cies (if any) subject to which the sale is made, and any aparrears of rent, of all the premises subject to the incum- portionment of rent between the purchaser and the proprie brance of the petitioner, and how much has become due tor of other lands demised with the lands sold or any part during that period for tithe rent-charge, poors' rate, and thereof, and any rents or incumbrances remaining charged county cess.
upon the property, or any part thereof in the hands of the 1. That when an absolute order for a sale shall be pro. purchaser
; and the Commissioners shall, when necessary. nounced, the Commissioners may, if they shall think it ne ascertain and define the relative rights of the purchaser and cessary, require the owner, and all other persons, to pro- the prior possessor with respect to any crops on the land. duce to, or lodge with, the Commissioners, on oath, all 19. That the Commissioners, whenever they shall think deeds, books, papers, documents, and writings in their pos- fit, may dispense with the personal service of notice upon session, custody, or power respectively, relating to the pre- any of the tenants to the lands who may be required to mises ordered to be sold, and to the charges thereon, and to attorn, and may direct that such notice shall be given to do all such other acts, and furnish such information within such tenants, either by posting the same on some conspithe authority of the Commissioners, to direct as may be ne- cuous place on or near the lands, or by advertizing the same cessary to enable the Commissioners to sell the premises to in one or more newspapers, or transmitting the same notice the best advantage.
through the Post Office, or otherwise, as to the Commis. 12. That the statements in any petition shall not consti- sioners shall seem proper. tute an admission of the validity of any claim stated therein 20. That the duplicates, or counterparts of leases, where or of any particular sum being due in respect of any incum- they exist, and can be had, or other evidences of the tenan. brance, save claims and sums expressly admitted by the peticies subject to which the sale is made shall be delivered to tioner.
the purchaser, except where they relate also to other lands
, 13. That on the order for a sale being made absolute, a in which case copies shall be delivered to him, notice shall be circulated among the tenantry or persons re
21. That the Commissioners may require and compel all siding on the property, according to a printed 'form to be persons claiming to be tenants to produce the leases or approved by the Commissioners, specifying the tenancies, agreements, or other instruments under which they so claim, leases, and agreements which are admitted, and calling upon and to give copies thereof. all parties who have claims for other tenancies, leases, or 22. That in case the purchase money and any interest agreements not specified, or who consider that the terms of which may have accrued upon it under the terms of the sale their tenancies, leases, or agreements are incorrectly stated, or by law shall not be paid into the bank within fourteen to come forward, and apply for an amendment of the order days after the sale, any party to the proceedings may proin this behalf
. But this rule shall not be construed as ren cure an order for payment ; or the Commissioners may dering it necessary to serve every tenant, or every person make such order without any special application, or may, if residing on the property, or claiming to be interested therein, they think proper, re-sell the property, and the expenses in. with such notice.
cident to such re-sale, together with the deficiener, if any, 14. That if any person shall claim to be entitled to any in the price obtained below the former price, shakl be paid lease or agreement other than those which are admitted, he forthwith by the purchaser at the former sale, for which pay
. shall lodge in the office, the particulars of such claim, accom ment, the deposit (if any) shall be a guarantee; but he panied by an affidavit that he believes the same to be just shall not be entitled to the benefit of any excess in the price, and true, and (if he does not appear by attorney) stating which may be obtained at the latter sale. the address to which notices and orders may be served on DISTRIBUTION OF THE PURCHASE Money. bim; and the Commissioners shall thereupon make an order, 23. That, when the absolute order for a sale shall be proeither allowing his claim in the whole or in part, or calling nounced, advertisements shall be published in a Dublin neasupou him to sustain it by sufficient evidence, or such other paper, and in one or more local newspapers, and such other order as may meet the merits of the case.
newspapers as the Commissioners shall direct, giving notice SALE AND CONVEYANCE.
of such order, and calling upon all claiınants of estates, in. 15. That, if upon a sale by auction, the highest price ter sts, or incumbrances in or upon the premises ordered to offered for any lot be, in the opinion of the Commissioners, be sold, to come forward and establish their several claims clearly inadequate, they shall be at liberty to adjourn the and demands. sale of that lot to a future day; and no sale of any lot shall
21. That when the absolute order for a sale shall be probe deemed to have been made until the amount of deposit nounced, the Commissioners, or in case of a reference to (if any) required by the couditions of sale shall have been one Commissioner, such one Commissioner shall direct what actually paid in the manner prescribed by such conditions. further information shall be procured respecting the title of
16. That immediately after a sale, whether by public all parties to the premises, and to the incumbrances affecting 'auction or private contract, the purchaser shall obtain a cer the same, and what searches or further searches should be tificate under the seal of the Commissioners, that he is the made in relation thereto, and such person as they or he shall purchaser, thereby authorizing him to pay the amount of direct, shall forthwith proceed to make out a full title to the his purchase money, into the Bank of Ireland, to the account premises, including charges and incumbrances thereon, and of the Commissioners, to the credit of the estate of A. B. shall prove and verify the same in such manner as the Comof, &c., [as the case may be,) and shall procure the notifica- missioners, or such one Commissioner, shall direct ; but the tion by the bank to the Commissioners of the receipt of the sale itself shall not be delayed by the proceedings under money; and no sale shall be opened merely by reason of this and the preceding rule, unless the Commissioners shall any advance being made upon the biddings or price. see cause for deferring such sale. 17. That in any case in which it shall appear to the Com
25. That the costs chargeable against the fund produced missioners that any premises can be sold by auction to better by a sale shall be, first, such costs of, and consequential ou advantage out of Dublin, the Commissioners may direct the application for the order for sale, as the Commissioners that the biddings shall be made at such place, and before shall think fit to allow; secondly, the expense of, and inci. such person, as they shall for that purpose appoint, and dental to the sale : thirdly, the costs awarded to any tenant thereupon such biddings shall be bad accordingly, and shall who shall establish a claim for a lease or agreement not set be returned to the Commissioners, who shall declare the forth in the schedules given by the owner of the land, ex