19. Provided always, and be it enacted, that for the purpose of authorizing an application for a sale under this act the land shall not be deemed subject to an incumbrance where the same shall not effect the inheritance, unless such incumbrance shall affect a term of not less than fifty years absolute unexpired, or a greater estate in such land, and shall have been created by the owner of an estate of in heritance, or by a person who, but for an act which is void against or postponed at law or in equity to such incumbrance, would be the owner of an estate of inheritance, but an incumbrance charged under a power created by the owner of an estate of inheritance shall be deemed to have been created by such owner; and such lease in perpetuity or other lease as aforesaid shall not be deemed subject to an incumbra ce where the same shall affect a derivative estate or interest only, or less than the whole estate created or agreed to be created by such lease in perpetuity or other lease as aforesaid, unless such incumbrance shall have been created by the owner of or person entitled to the whole estate created or agreed to be created by such lease in perpetuity or other lease as aforesaid, or by a person who, but for an act which is void against or postponed at law or in equity to such incumbrance, would be such owner or so entitled, but any incumbrance charged under a power created by the owner of or person entitled to such whole estate as aforesaid shall be deemed to have been created by such owner or person so entitled. 20 And be it enacted, that when any incumbrance shall be subject to any limitations of estate or interest, or shall be held upon any trust, the Commissioners may proceed and act upon an application or consent under this act made or given in respect of such incumbrance by the first person entitled to the income of such incumbrance, or by any trustee thereof, or other person whose estate or interest in the incumbrance appears to the Commissioners sufficient to enable him properly to apply or consent in respect of the interests of the parties interested in the incumbrance. 21. And be it enacted, that if upon any application for a sale under this act, or upon any information or evidence which may be required by and produced to the Commissioners in relation to the matter of such application, it shall appear to the Commissioners that a sale of the land or lease to which the application may relate, or any part thereof, may be found to be expedient, they shall direct notices to be given to such persons and in such manner as they think fit, and shall, where any parties interested in the land or lease apply to them for that purpose, hear such parties, by themselves, their counsel or agents, and shall, so far only as may be necessary to enable them to determine whether under all the circumstances it is expedient that a sale of all or any part of the land or lease should be made, investigate the title and the incumbrances affecting the land or lease, and the state and circumstances of the land, or of the land comprised in the lease, and, if it shall in their opinion be expedient that such a sale should be made, may, at their discretion, make an order for the sale of all or any part of such land or lease. 22. Provided always, and be it enacted, that the Commissioners shall not make an order for sale of any land or lease, or any part thereof, upon application by an incumbrancer on such land or lease, in case it be shown to the satisfaction of the Commissioners, by the owner of such land or lease, that no part of such land or lease is subject to any receiver or in the possession of any incumbrancer, and that the amount of the yearly interest on the incumbrances and other yearly payments (if any) in respect of charges payable out of the income of such land or lease, and the other lands or leases (if any) subject to the incumbrance of such incumbrancer, do not exceed one half of the net yearly income (after the payment of all tithe rent-charge, such part of the county cess and poors' rate as is payable by the owner, and all crown, quit, and head rent,) of such land or lease, or of all the lands or leases so subject: provided always, that the decision of the said Commissioners thereupon shall in all cases be final and conclusive to all intents and purposes what soever. 23. And be it enacted, that where a sale shall be made under this act the Commissioners shall, where and so far as they may deem necessary for the purposes of such sale, ascertain the tenancies of the occupying tenants, and of any lessees or under-lessees whose tenancies, leases, or underleases affect the land or lease, or part thereof, to be sold, and may give such notices and make or cause to be made such inquiries as they shall think necessary for ascertaining and securing the rights of such tenants, lessees, or under-lessees as aforesaid; and all occupying tenants, and all persons being or claiming to be lessees or under lessees, as aforesaid, shall, at such times and places as the Commissioners may by their notices require, produce all leases, underleases, and agreements in writing under which such tenants or persons occupy or claim to hold, if such leases, underleases, or agreements, or counter parts thereof, be in their possession or power, and where they occupy or claim to hold under leases, under-leases, or agreements in writing not in their possession or power, or under parol agreements or lettings, they shall deliver, at such times and places as aforesaid, particulars of the terms and conditions upon and subject to which they occupy or claim to hold; and the sale shall be made subject to the tenancies, leases, or underleases, ascertained as aforesaid, and subject to which the owner or incumbrancer, applying for a sale under this act shall be owner or incumbrancer, and such other of the tenancies, leases, and under-leases, ascertained as aforesaid, as shall appear to the Commissioners to have been granted bona fide by the owner or person in possession or in receipt of the rents and profits, and subject to which it shall appear to the Commissioners the sale should be made, save such (if any) of such respective tenancies, leases, and under-leases as, with consent as herein-after mentioned, shall be included in such sale, and, where the Commissioners think fit, be made subject to any leases, under-leases, or tenancies, according to any general description or subject to any condition concerning any leases, under leases, or tenancies the nature of which shall not have been ascertained or shall be disputed; and when the Commissioners shall think fit, such sale may be made subject to any annual charge affecting the land or lease, or part thereof, sold, or to any such apportioned part of such annual charge as the Commissioners may think fit should remain charged thereon; and where such land or lease, or part thereof, is subject to any incumbrance under the terms of which the incumbrancer cannot be required to accept payment of the principal money before the expiration of a term of years unexpired, such sale may, if the Commissioners think fit, be made subject to such incumbrance. 24. And be it enacted, that where the Commissioners make an order for sale, the land or lease, or part thereof, to which such order shall relate shall be sold, by or under the control and direction of the Commissioners, by public sale or private contract, together or in lots or parcels at such time and place and generally in such manner as the Commissioners think fit; and the conveyance or assignment of the land or lease, or part thereof, shall be made by the Com missioners under their seal, and shall be signed by two of the Commissioners, and the execution by any other party of such conveyance or assignment shall be unnecessary; and such conveyance or assignment shall express or refer to the tenancies, leases, and under leases (if any), and charge (if any), subject to which the sale is made, and may be in the form contained in the schedule to this act, or to the like effect, with such limitation of uses and other additions or variations as, with the approval of the Commissioners, the purchaser may direct. 25. And it be enacted, that the purchase money in every case shall be paid into the bank of Ireland, to an account to be there opened in the name of the Commissioners and to the credit in each case of the estate sold, or as the Commissioners by general rule or special order shall direct; and on the notification by the said bank to the Commis-sioners of the receipt of the money, a certificate by the Commissioners of such payment shall be endorsed on or written at the foot of the conveyance or assignment; and on such payment into the bank the purchaser shall be discharged from all liability in respect of the application of the money so paid, and such certificate of the Commissioners shall be evidence of such payment. 26. Provided always, and be it enacted, that it shall be lawful for any incumbrancer on or person otherwise interested in any land or lease, or part thereof, (other than the incumbrancer or owner upon whose application the sale has been ordered,) to bid at any public sale, and to become the purchaser at any public sale or by private contract, in like manner as any person not interested therein might bid and become the purchaser; and by leave of the Commissioners, it shall be lawful for the incumbrancer, or owner on whose application the sale has been ordered to bid and become the purchaser; and where an incumbrancer on any land or lease, or part thereof, shall be the purchaser of such land or lease, or part thereof, the Commissioners may, where they think fit, authorize such purchaser to retain out of the purchase money the amount which might have been ordered to be paid thereout in respect of such incumbrance in case the whole purchase money had been paid into the bank of Ireland, under this act, or such sum on account of such amount as the Commissioners may think fit, and to pay the residue only of the purchase money into the said bank; and where at the time of authorizing such retainer, as aforesaid the Commissioners shall not finally have ascertained and determined the priority and rights of such purchaser in respect of his incumbrance, and the amount which he would be entitled to be paid in respect thereof out of the purchase money, such retainer shall be without prejudice to the power of the Commissioners to require such purchaser to pay into the said bank the whole or any part of the amount so retained which ought to be so paid by him; and the Commissioners shall withhold their certificate of payment herein-before mentioned until they shall be satisfied that the full purchase money, less the amount which such purchaser would be entitled to be paid in respect of his incumbrance, has been paid into the said bank. 27. And be it enacted, that every such conveyance, executed as aforesaid by the Commissioners upon the sale of land, shall be effectual to pass the fee simple and inheritance of the land thereby expressed to be conveyed, subject to such tenancies, leases, and under-leases as shall be expressed or referred to therein as aforesaid, but, save as aforesaid and as herein after provided, discharged from all former and other estates, rights, titles, charges, and incumbrances, whatsoever of Her Majesty, her heirs and successors, and of all other persons whomsoever; and every such conveyance or assignment, executed by the Commissioners upon the sale of a lease in perpetuity or other lease, shall be effectual to pass the estate created or agreed to be created by such lease and then remaining unexpired, subject to the rent and covenants annexed to the reversion expectant on the determination of such lease, and to such tenancies, leases and under-leases as shall be expressed or referred to in such conveyance or assignment, but, save as aforesaid and as herein-after provided, discharged from all rights, titles, charges, and incumbrances, whatsoever affecting the leasehold estate or interest: provided that where any land or lease, or part thereof, shall be sold and conveyed or assigned subject to any annual charge or apportioned part thereof, such annual charge or such apportioned part thereof only (as the case may be) shall remain and be charged on and payable out of such land or lease, or part thereof, as in the conveyance or assignment shall be expressed. 28. Provided always, and be it enacted, that any such conveyance or assignment as aforesaid shall not prejudice or affect any right of common, or any right of way or other easement, or any rent charge in lieu of tithes, crown rent, or quit rent, charged upon or issuing out of any land, or any charge made by virtue of an act passed in the sixth year of Her Majesty intituled An Act to promote the Drainage of lands and improvement of Navigation and water power in connexion with such Drainage, in Ireland, and the acts amending the same, or by virtue of an act passed in the tenth year of Her Majesty, intituled An Act to facilitate the improvement of landed property in Ireland, save where the Commissioners shall think fit to redeem the crown rents or quit rents, or to pay off or redeem the charges under the said acts or either of them under the power herein-after contained, and shall express in such conveyance or assignment that the land conveyed or, assigned thereby is so conveyed or assigned discharged of all crown rents or quit rents, or charges under the said acts or either of them, as the case may be, and in such case such land shall be so discharged accordingly. pos 29. And it be enacted, that the Commissioners shall have power to order the delivery to the purchaser, or as he shall direct, of all leases or counterparts of leases and agreements, and other evidences of the tenancies subject to which the sale shall be made, affecting the land or lease, or part thereof, sold, and shall, on the application of any purchaser, issue an order to the sheriff, to put such purchaser in session of all lands not in the occupation of lessees, under. lessees, or tenants subject to whose leases, under-leases, or tenancies the sale shall have been made, and who shall have attorned to such purchaser within a time to be limited in such order, and such order shall be executed by the sheriff in like mauner as a writ for the delivery of possession. 30. And it be enacted, that the Commissioners shall, out of the purchase money to be received on the sale of any land or lease, or part thereof, under this act, allow and pay such costs of and consequential on the application for the order for the sale as they shall think fit, and the expenses of and incidental to the sale; and the surplus of such purchase money, after payment of such costs and expenses, shall, under the order of the Commissioners, be applied in or towards pay. ment or satisfaction of the incumbrances or charges which affected such land or lease, or part thereof, according to their priorities, and shall, subject as aforesaid, be paid to the owner previously to the sale of such land or lease, where such owner was absolutely entitled thereto, or, where not so entitled, be laid out in the purchase of 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 or lease, or part thereof, sold, stood, settled or limited to, or such of them as shall be then subsisting or capable of taking effect; and until such money can be so laid out it may, under such order as aforesaid, be transferred or paid over to trustees to be appointed or approved by the Commissioners, for the purpose of being so laid out as aforesaid, with such power for the investment thereof in government stocks funds, or securities in the meantime, and such directions for the payment of the income of such investment in the manner in which the rents of the land to be purchased would be applicable, as the Commissioners shall think fit. 31. And it beenacted, that any money so paid into the bank as aforesaid may by order of the Commissioners be invested in their name in the purchase of any stocks, funds, or annuities transferable at the bank of Ireland; and, until the same shall be sold by order of the Commissioners for the purposes of this act, the dividends thereof shall from time to time be applied, under the order of the Commissioners, in like manner as the rents of the land or lease, or part thereof, from the sale whereof the money invested in such stocks, funds, or annuities has arisen would have been applicable. 32. And be it enacted, that whenever the Commissioners shall appoint or shall direct the appointment of Trustees for any of the purposes of this act it shall be lawful for the Commissioners to make or to direct to be made such provision as they shall think fit for the appointment of new Trustees, on any event to be determined by the Commissioners. 33. Provided always, and be it enacted, that no payment under this act towards discharge of what shall be due on any incumbrance or charge, not being payment in full, shall prejudice or affect any right or remedy of the incumbrancer or the person entitled to the charge in respect of the balance, otherwise than as against the land or lease, or part thereof, sold under this act; and no payment under this act of or in respect of any incumbrance or charge shall impair any right or equity of any persons out of whose estate such payment shall be made to be reimbursed or indemnified by any person or out of any other land or estate, except so far as the Commissioners under any special circumstances shall order. 34. And be it enacted, that it shall be lawful for the Commissioners to sell any land or lease, or part thereof, discharged from any crown rent or quit rent which they may be enabled and may, with the consent of the owner, think fit to purchase, or from any charge made by virtue of the pay said acts of the sixth year and tenth year of Her Majesty, or either of them, which they may, with such consent, think fit to off or redeem; and in any such case the Commissioners shall, out of the money arising from the sale, and in preference to all other payments thereout, pay the consideration for the purchase of such crown rent or quit rent, or such sum as may be necessary for paying off or redeeming such charge; and it shall be lawful for the Commissioners, where they think fit, to pay to any person entitled to any annual or other charge, not being an incumbrance accord. ing to the definition of this act, who may consent to accept the same, a gross sum in discharge or by way of redemption thereof or of a part thereof, and where a part only of any land or lease subject to any incumbrance or charge is sold, to charge the part not sold with such incumbrance or charge, or an apportioned part thereof, in exoneration of the money arising from the sale, and to enable or authorize persons to release the money arising from the part so sold from any incumbrance or charge, or to relinquish their claim on such money in respect thereof, without impairing or affecting such incumbrance or charge as to the remaining part of the land or lease originally charged; and the Commissioners, where they think fit, may invest or provide for the investment of money to meet any annual or periodical charge, or any other charge, incumbrance, or interest, where, by reason of such charge, incumbrance, or interest being contingent or otherwise, it shall appear to the Commissioners proper or expedient so to do, and otherwise may make such orders and directions for applying the money arising from any sale in such manner as will secure the convenient application thereof for the benefit and according to the rights of the parties interested in the land or lease, or part thereof, from the sale of which the same shall have arisen. 35. And be it enacted, that where any money arising from a sale under this act is not immediately distributable, or the parties entitled thereto cannot be ascertained, or where from any other cause the Commissioners think it expedient for the protection of the rights and interests therein the Commissioners may order such money, or any stocks, funds, or securities in which the same may have been in vested under this act, to be transferred to the account of the Accountant-General of the High Court of Chancery or of the Court of Exchequer in Ireland, or (where the case may require) of the High Court of Chancery in England, in the matter of the parties interested in the same, to be described as the Commissioners shall think fit and direct, in trust to attend the orders of such respective court; and the Commissioners may by their order declare the trusts affecting such money, stocks, funds, or securities, so far as they have ascertained the same, or state (for the information of the respective court) the facts or matters found by them in relation to the rights and interests therein; and the High Court of Chancery, Lord Chancellor, and Master of the Rolls, in England and Ireland respectively, and the Court of Exchequer in Ireland may make such orders and give, such directions in relation to any such monies, stocks, funds, or securities as shall be so transferred to the account of the Accountant-General of such respective court as such court or judge respectively might make or give in relation to any trust monies, stocks, or securities paid in, transferred or deposited under the act passed in the eleventh year of Her Majesty "for better securing trust funds, and for the relief of trustees," or the act of the last session of Parliament for extending to Ireland the said act of the eleventh year of Her Majesty respectively; and no money transferred into the name of the Accountant-General of the Court of Chan cery in Ireland, or paid out under this provision under any order of the Lord Chancellor or Master of the Rolls, shall be liable to Usher's poundage. 36. And be it enacted, that where there shall be separate applications to the Commissioners for sales under this act of any land and of any lease in the same land, or of two or more leases in the same land, or there shall be such applications for sales of different undivided shares of any land or lease, it shall be lawful for the Commissioners, where they shall see fit so to do, to include, with the consent of the persons by whom such respective applications may be made or prosecuted, and of any other persons whose consent the Commissioners may, under the circumstances, think fit to require, in the same sale, upon such terms as they think fit, such land and lease, or such leases, or such several undivided shares as aforesaid, and where there shall be separate applications for sales under this act of any land and of any lease in other land, or of different lands or leases in different lands, it shall be lawful for the Commissioners, where, from the lands being intermixed, or from other circumstances, it shall appear to them convenient so to do, to include, with such consent as aforesaid, such land and lease, or lands or leases, in the same sale, upon such terms as they may think fit; and where any land or lease, or par thereof, subject to any incumbrance, is proposed or ordered to be sold under this act, it shall be lawful for the Commissioners, upon the application of the owner of any lease or under lease, or estate in reversion, or other estate or interest whatsoever in the same land, (and although such lease, under lease, estate in reversion, or other estate or interest be not subject to any incumbrance, or would not, if subject to any incumbrance, be subject to be sold under an order of the Commissioners under the provisions herein-before contained) or upon the application of any incumbrancer on any such lease, under lease, estate, or interest, to include the same, upon such terms as they may see fit, in the sale of the land or lease, or part thereof, so proposed or ordered to be sold as aforesaid; and all the provisions of this act applicable to any land or lease subject to any incumbrance, and ordered to be sold under this act, and to any incumbrance or charge upon such land or lease, and to the purchase money arising from the sale thereof, and to the conveyance or assignment there of, shall, so far as circumstances admit, extend and be applicable to every such lease, under lease, estate in reversion, or other estate or interest to be so included in the sale; and in every such case as aforesaid the Commissioners shall apportion the purchase money and expenses as they see fit. 37. And be it enacted, that if any land or lease to be sold under this act shall be subject to a lease or under lease for years or lives comprising other land at an entire rent, it shall be lawful for the Commissioners to apportion the rent between the land to be sold and the remainder of the land subject to such rent; and where it is intended to sell under this act a part ouly of any lease in perpetuity or other lease, it shall be lawful for the Commissioners, where they shall think fit, and (having regard to the rights and interest of the owner of the reversion) it shall appear to them just so to do, to apportion the rent reserved by such lease between the land to be sold and the remainder of the land; and the Commissioners shall direct notices of any such intended apportionment as aforesaid to be given to such persons and in such manner as they shall think fit, and shall hear such parties as shall apply to them in relation thereto; and after such apportionment, and after the sale shall be completed, the owners of the reversion in the respective lands shall have the like remedies for the apportioned rents against the lands out of which the same shall be payable, and the owners and occu piers thereof respectively, as were subsisting for the entire rent before such apportionment; and all the covenants, conditions, and agreements of every lease or under-lease, except as to the amount of rent to be paid, shall, as regards the apportioned parts, remain in force in the same manner as they would have done in case no such apportionment had taken place. 38. And be it enacted, that where any person who (if not under disability) might have made any application, given any consent, done any act, or been party to any proceeding under this Act, shall be a minor, idiot, lunatic, or married woman, the guardian, committee of the estate, and husband respectively of such person may make such applications, give such consents, do such acts, and be party to such proceedings, as such persons respectively, if free from disability, might have made, given, done, or been party to, and shall otherwise represent such person for the purposes of this Act; but a married woman entitled for her separate use (with or without power of anticipation) shall, for the purposes of this Act, be deemed a feme sole: provided always, that where there shall be no guardian or committee of the estate of any such person as aforesaid, being infant, idiot, or lunatic, or where any person the committee of whose estate if he were idiot or lunatic would be authorized to act for and represent such person under this Act shall be of unsound mind or incapable of managing his affairs, but shall not have been found idiot or lunatic under an inquisition, it shall be lawful for the Commissioners to appoint a guardian of such person for the purpose of any proceedings under this Act, and from time to time to change such guardian; and where the Commissioners see fit they may appoint a person to act as the next friend of a married woman for the purpose of any proceeding under this Act, and from time to time remove or change such next friend. 39. And be it enacted, that proceedings under this Act shall not abate or be suspended by any death or transmission or change of interest, but in any such case of death or transmission or change of interest it shall be lawful for the Commissioners, where they see fit, to require notices to be given to persons becoming interested, or to make any order for discontinuing, suspending, or carrying on the proceedings, or otherwise in relation thereto, which to them may appear just. 40. And be it enacted, that in every proceeding under this Act the Commissioners shall have full power and discretion as to the giving or withholding costs and expenses, and as to the persons by whom and the funds out of which the same shall in the first instance or ultimately be paid, repaid, and borne, and shall and may apportion the same amongst such parties, and in respect of interest, rents, or income, and principal or corpus, as they shall see fit. 41. And be it enacted, that application may be made to the Commissioners for a sale under this Act, and an order for such sale may be made by them notwithstanding any pending proceedings in a Court of Equity in England or Ireland, or any decree of any such Court of Equity already made for sale, and notwithstanding the owner may have power under an Act of Parliament or otherwise to make a sale; and where it shall be shown to the Commissioners that a decree for sale has been made by a Court of Equity, the Commissioners shall, if they see fit, without further inquiry, order a sale of the land or lease decreed to be sold; and where any sale shall be made of any land or lease, or part thereof, in respect of which there shall have been a decree of a Court of Equity, or any proceedings pending in a Court of Equity, the Commissioners shall, in distributing such monies and in their other proceedings, have regard to the proceedings in such court in relation to the priorities and rights of incumbrancers and others; and where there shall have been a decree of a Court of Equity the Commissioners shall, in distributing the monies arising on the sale and in their other proceedings, proceed upon and be guided by the declarations of and inquiries and proofs made and taken under such decree in relation to such priorities and rights as aforesaid; provided that it shall be lawful for the Commissioners, where it shall appear to them that there is any clerical error, or any error of names or in computation, or other like error, in such decree, or in any finding or proof, or where from matters coming to their knowledge it shall appear to them that the court in which the decree has been made should have an opportunity of reconsidering such decree, or considering or reconsidering any finding or proof, to direct such person as the Commissioners may think fit to apply to such court in relation thereto, and such court may make such order concerning the matter of such application as it may think fit; and the Commissioners shall, out of any monies arising from any sale under this Act, where there shall have been any such decree or pending proceedings as aforesaid, make such provision for payment of any costs incurred in relation to the proceedings in the Court of Equity as the circumstances may require; or the Commissioners may, in any of the cases aforesaid, where they think fit, order all or any part of the purchase money, after payment thereout of such costs and expenses as may be payable thereout under the orders of the Commissioners, to be paid into the Court of Equity in or under any suit or decree there pending or made. 42. And be it enacted, that where the Commissioners shall order the sale of any land or lease, or part thereof, in respect of which any decree shall have been already made by a Court of Equity for sale, or any proceedings shall be pend ing in a Court of Equity, they shall, by certificate under their seal, notify to such court the order so made by them; and all proceedings for or in relation to a sale under the de cree of such court shall be stayed, and upon the completion of the sale under such order of the Commissioners any receiver appointed by such court shall cease to act as such re ceiver with respect to the land or lease, or part thereof, sold; and it shall be lawful for the court to suspend or stay any other proceedings in such court, or under any order or decree already made by such court, as the court shall think fit; and 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 meaning of this Act, or claiming by the Act of such owner or person or by Act of Law, or any incumbran cer, to commence any proceedings at law or in equity for redemption, foreclosure, or sale, or to commence, take, continue, or prosecute any proceeding whatsover under the Act of the last Session of Parliament," to facilitate the sale of Incumbered estates in Ireland," without the leave of the Commissioners. 43. And be it enacted, that where an application shall be made for a sale under this Act of an undivided share of any land or lease, or where any such undivided share shall have been sold under this Act, and either before or after the conveyance or assignment thereof under this Act, the Com missioners, on the application of any party interested in such undivided share, or of the purchaser, (as the case may be,) and after causing to be given such notices to the owner of owners of the other undivided share or shares of the same land or lease as they may think fit, and hearing such parties interested in the respective shares as may apply to them, aud making or causing to be made such inquiries as may enable them to make a just partition, may, if they think ft, make an order under their seal for the partition of such land or lease; and in such order, or in a map or plan annexed thereto, shall be shown the part allotted in severalty in respect of each of the undivided shares in such land or lease; and the Commissioners shall have the like authorities, jurisdiction, and powers in relation to such partition as a Court of Equity would have in the case of a partition under the direction of such court; and the part so allotted in severalty in respect of each such undivided share by such order for partition as aforesaid shall, without any conveyance or other assurance in relation thereto, go and enure to and upon the same uses and trusts, and be subject to the same conditions, charges, and incumbrances, as the undivided share in respect of which the same is so allotted would have stood limited or been subject to in case such order had not been made; and the like order for a sale of the part allotted in respect of the undivided share to which the application for the sale shall relate may be made (where the order for partition is made before sale,) and the like proceedings had in relation to such sale, and the like conveyance or assignment may be made of the part alloted in respect of the share sold (where the order for partition is made after sale, and before conveyance or assignment,) and with the like consequences in the several cases aforesaid, as if the application for a sale, or the sale, (as the case may be,) had been in respect of the part so allotted as aforesaid; and where any land or lease, or part thereof, to be sold under this Act, is subject to any lease, under-lease, or tenancy under which the lessees, under-lessees, or tenants hold jointly or as tenants in common, it shall be lawful for the Commissioners, on the application of any such lessee, under-lessee, or tenant, and after causing to be given such notices as they may think fit, and hearing such parties as may apply to them, and making such inquiries as they may think necessary, to make an order under their seal for the partition, as between such lessees, under-lessees, or tenants, of the land included in their lease, under-lease, or tenancy, and for the apportionment of the rent reserved or payable under such lease, under-lease, or tenancy; and after such order of partition the owner of the reversion in the respective parts of the land shall have the like remedies for the apportioned rents against the respective parts out of which the same shall be payable, and the lessees, under-lessees, or tenants holding such respective parts under such Jease, under-lease, or tenancy, and such order of partition, as were subsisting for the entire rent before such partition and ap portionment; and all the covenants, conditions, and agreements of every such lease, under-lease, or tenancy, except as to the amount of rent to be paid, shall, as regards the respective parts allotted on such partition, and the apportioned parts of the rent, remain in force as against the respective lessees, under-lessees, or tenants to whom under such partition such respective parts shall be allotted. 44. And be it enacted, that where an application shall be made for a sale under this Act of any land or lease, or part thereof, or where the same shall have been sold under this Act, and either before or after the conveyance or assignment thereof under this Act, if application be made to the Commissioners by any party interested in such land or lease, or by the purchaser. (as the case may be.) for the exchange of all or any part of such land, or of all or any part of the land comprised in such lease, for other land which the owner thereof may be willing to give in exchange, the Commissioners may make or cause to be made such inquiries as they may think fit for ascertaining whether such exchange would be beneficial to the persons interested in the respective lands, and cause such notices to be given to parties interested in the respective lands as they may think fit; and if, after making such inquiries, and hearing such parties interested in the respective lands as may apply to them, the Cominissioners shall be of opinion that such exchange would be beneficial, and that the terms thereof as proposed, or as modified by them, with the consent of such owner as aforesaid, are just and reasonable, they may make an order under their seal for such exchange accordingly, and in such order for exchange, or in a map or plan annexed thereto, shall be shown the lands given and taken in exchange respectively under such order; and the land taken upon such exchange under such order shall, without any conveyance or other assurance in relation thereto, go and enure to and upon the same uses and trusts, and be subject to the same conditions, charges, and incumbrances, as the land given on such exchange would have stood limited or been subject to in case such order had not been made; and the like order for a sale may be made in respect of the land taken in exchange for any land, or any land comprised in any lease to which the application for a sale shall relate, (where the order for exchange is made before sale,) and the like proceedings had in relation to such sale, and the like conveyance or assignment may be made in respect of the land taken in exchange for the land or lease, or part thereof, sold, (where the order for exchange is made after sale, and before conveyance or assignment,) and with the like consequences, in the several cases aforesaid, as if the application for a sale, or the sale, (as the case may be,) had been in respect of the land so taken in exchange. sioners may think fit for ascertaining whether such exchange 48. Provided always, and be it enacted, that in the case of land in respect of which no proceedings for a sale under this act shall be pending, no such order of partition or of exchange, or of division and allotment, as aforesaid, shall be made by the Commissioners until such notices by advertisement 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, exable, 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. 46. And be it enacted, that it shall be lawful for the Commissioners, upon the application of the owners of lands in Ireland not subject to be sold under this act, or as to which no proceedings for a sale under this act shall be pending, who shall desire to effect an exchange of such lands, to make or cause to be made such inquiries as the Commis 49. And be it enacted, that every conveyance and assignment respectively executed as required by this act, and every order for partition or for exchange, or for division and allotment, made by the Commissioners under their seal, shall for all purposes be conclusive evidence that every application, proceeding, consent, and act whatsoever which ought to have been made, given, and done previously to the |