.

lawful for such Incumbrancer to file an Affidavit in the Court showing his Inability to give such Notice as aforesaid, and thereupon it shall be lawful for the Court, upon the Application of such Incumbrancer, by Petition in a summary Way, to direct that such Notice shall be served upon such Owner wherever resident, or that Service thereof upon the known Solicitor and Land Agent of such Owner shall be deemed good Service thereof on such Owner, or to direct the Substitution of Service of such Notice in such Manner as to the Court shall seem fit.

posed Sales

without Order of the Court.

XXXIV. Provided always, and be it enacted, That every Notices of proOwner and every Incumbrancer who shall propose to sell any Land or Lease without the Order of the Court as aforesaid shall cause Notice of his Intention so to sell to be published at least once in Four successive Weeks by Advertisement in the Dublin Gazette, and in Two Newspapers published in Dublin, and in One Newspaper published or circulating in the County in which the Land shall be situate, and in the London Gazette, and shall cause a Copy of such Notice to be posted in One or both of such Two Weeks on the Church (if any), and on the Roman Catholic Chapel (if any), and where there shall be no such Church or Chapel on some public or conspicuous Place of the Parish, or of each of the Parishes in which the Land shall be situated, and on the Court where the Sessions of the Peace for the Division of a County at large or for the City or Town or County of a City or Town in which the Land shall be situated are usually holden; and where any Person shall have entered a Caveat in the Office of the Registrar against the Sale of any Land or Lease under the Provisions of this Act, every such Owner and Incumbrancer shall cause a Copy of such Notice to be served in One of such Weeks on such Person in manner herein-after mentioned; (that is to say,) where the Place of Abode or Address mentioned in such Caveat shall be in the City of Dublin shall cause such Copy to be served on such Person personally, or to be left with some Inmate of such Place of Abode or Address, and where such Place of Abode or Address shall be elsewhere than in the City of Dublin shall transmit such Copy through the Post Office, addressed to such Person at such Place of Abode or Address as aforesaid, and such Notice shall state the Name and Addition or Title of the Owner, and if the Sale shall be proposed to be made by an Incumbrancer the Name and Addition or Title of such Incumbrancer, and the Intention of such Owner or Incumbrancer, as the Case may be, to sell under the Provisions of this Act without the Order of the Court, and in case such Owner shall not be entitled absolutely to such Land or Lease, as the Case may be, or to the Equity of Redemption thereof, shall mention the Settlement, Will, or other Assurance under which he shall be Owner, and if such Sale shall be proposed to be made by an Incumbrancer shall mention the Incumbrance under which he shall be such an Incumbrancer, and in every Case shall state the Denomination or Sub-denomination or short Description of the Land or Lease proposed to be sold, and the County and the Barony or Parish or Place wherein

such

Where Land or
Lease sold

without Order

to be served

Persons having

such Land or the Land comprised in such Lease shall be situate, and all the Incumbrances affecting such Land or Lease known to the Person proposing to sell the same, and any other Matters which may from Time to Time be directed or required by such Orders of the Court as herein-after mentioned; and no such Sale without Order of the Court shall be made under this Act before the Expiration of Three Months after the Publication of the last of such Advertisements as aforesaid, in the Computation of which Period of Three Months the Months of September and October shall be excluded; and it shall be lawful for any Incumbrancer upon or Person interested in the Land or Lease so proposed to be sold at any Time before the Expiration of such Three Months to apply to the Court by Petition to be preferred in a summary Way, and the Court, if it shall think fit, upon such Petition, having reference to the Amount and Nature of the Interests of the Person proposing to sell as aforesaid, and of the Incumbrancer or other Person so applying to the Court, and to all the Circumstances of such Land or Lease, and of the Incumbrance or Incumbrances affecting the same, may restrain the Person proposing to sell as aforesaid from proceeding with such proposed Sale, either as respects the whole of the Land or Lease proposed to be sold, or as respects any Part or Parts thereof, which it may appear to the Court improper or unnecessary to sell, or may require Security to be given to such Petitioner, or may give to such Petitioner the Conduct or Right of Supervision of the proposed Sale, so far as the Court may not restrain the same, or may make such Order in relation to such Petition and to Costs as the Court shall think fit; and it shall be lawful for the Lord High Chancellor of Ireland, with the Advice and Consent of the Master of the Rolls in Ireland to make from Time to Time Orders prescribing and regulating the Particulars to be included in the Notices of such proposed Sales, and such other Orders for or concerning such Notices, as shall appear necessary for ensuring the Knowledge by Incumbrancers and Persons interested of the Sales proposed to be made as aforesaid.

XXXV. Provided also, and be it enacted, That where the Owner of any Land which shall be proposed to be sold as aforeof Court, Notice said without Order of the Court shall not be entitled for an Estate of Inheritance in possession to such Land, the Owner or personally on Incumbrancer who shall propose to sell such Land shall cause future Estates. a Copy of such Notice of his Intention so to sell to be served personally, or in such Manner as under the Rules and Orders of the Court would be deemed equivalent to personal Service, on all Persons except such Owner having Estates in Remainder or other future Estates in such Land other than such Estates, if any, as may be subsequent to the first vested Estate of Inhe ritance therein; and where the Owner of any Lease which shall be proposed to be sold as aforesaid without Order of the Court shall not be entitled for the whole Estate created or agreed to be created by such Lease, the Owner or Incumbrancer who shall propose to sell such Lease shall cause a Copy of such

473

Notice to be served personally, or in such Manner as aforesaid, on all Persons except such Owner having Remainders or future Estates in such Lease other than such Remainders or Estates, if any, as may be subsequent to the first vested Estate quasi in Tail therein; and such Notices shall be given before the Publication of such Notices by Advertisement as aforesaid; or where any such Person entitled to any such Remainder or future Estate, except as aforesaid, in such Land or Lease shall be Infant, Idiot, Lunatic, or a married Woman, a Copy of such Notice shall be so served on the Father or Guardian of any such Person being an Infant, or on the Committee of any such Person being an Idiot or Lunatic, or on the Husband of any such Person being a married Woman; and where any such Infant shall not have a Guardian, or the Father of such Infant shall be the Person proposing to sell, or where any such Idiot or Lunatic shall not have a Committee duly appointed, or where any Notice required by this Provision cannot be given, it shall be lawful for the Person proposing to sell to apply to the Court by Petition in a summary Way; and the Court, if it shall think fit, on such Petition, may order Notice to be given to any other Person, for and on behalf of such Infant, Idiot, or Lunatic, and in such Manner and within such Time as the Court may direct, or to direct any substituted Service of any such Notice as the Court may think fit; and every Person on whom such Notice shall be served on behalf of any such Infant, Idiot, or Lunatic, shall have the like Powers of applying to the Court in relation to such proposed Sale as such Infant, Idiot, or Lunatic respectively would have had if free from Disability.

XXXVI. Provided always, and be it enacted, That no such Saving of the Notice of an Intention to sell any Land or Lease as aforesaid Rights of Mortshall prejudice or affect the Right of any Mortgagee or other gagees. Incumbrancer of or upon such Land or Lease to commence any Proceeding for Redemption, Foreclosure, or Sale, or other Proceedings at Law or in Equity, or the Right of any Mortgagee of such Land or Lease who shall have under his Security a Power of Sale which has arisen and may be exercised, to proceed to the Exercise of such Power of Sale at any Time before a Sale shall have been made under the Powers of this Act.

without Order

XXXVII. Provided also, and be it enacted, That no Land No Land or or Lease shall be sold under this Act without the Order of the Lease sold Court, unless the Price at which the same shall be sold shall of the Court to be equal to or exceed the Sums which a Surveyor appointed or be sold below authorized as herein-after mentioned shall certify in Writing to selling Value be the fair selling Value thereof; and it shall be lawful for the Surveyor apLord Lieutenant or other Chief Governor or Governors for the pointed by Lord certified by Time being of Ireland to appoint or authorize, as Occasion shall Lieutenant. require, such and so many Surveyors as he or they may think fit, to act as Surveyors for the Purposes of this Act, and at pleasure to revoke any such Appointment or Authority; and such Surveyors may be so appointed or authorized to act throughout Ireland, or for any Counties, County, or Division mentioned.

Where required by Caveat, Notice to be given of the Price at which Land or Lease

sold without Order of the Court is contracted to be sold.

Affidavit to be

filed.

in such Appointment or Authority; and every such Appointment or Authority shall be published in the Dublin Gazette.

XXXVIII. Provided also, and be it enacted, That where any Person having entered a Caveat under the Provision hereinbefore contained shall in such Caveat have signified his Desire that Notice be given to him of the Price at which any Sale shall be made of the Land or Lease in case of a Sale thereof without the Order of the Court, the Owner or Incumbrancer who shall sell as aforesaid shall, forthwith after entering into any Contract for Sale, and before the filing of such Affidavit as hereinafter mentioned, give notice in manner aforesaid to the Person who shall have entered such Caveat of the Price at which such Land or Lease, or any Part thereof, shall have been contracted to be sold.

XXXIX. And be it enacted, That where any Land or Lease shall be sold under this Act without the Order of the Court, the Owner or Incumbrancer by whom such Sale shall be made shall file an Affidavit in the Court, which shall be made by such Owner or Incumbrancer, as the Case may be, and his Solicitor; and such Affidavit shall set forth the Notice which shall have been published by Advertisement and otherwise as aforesaid of such Sale, and shall state the Dates of the several Publications of such Notice by Advertisement, and shall also state that to the best of the Knowledge and Belief of the Deponents such Notice has been otherwise published and given as directed by this Act, and shall state whether the whole or what Part or Parts of the Land or Lease described in such Notice shall have been sold, and to whom, and shall state the Amount of the Purchase Money thereof, and the Person by whom the same is to be paid, and that the Purchase Money was the best Price that could be reasonably gotten at the Time of such Sale, and shall state the Sum which shall have been certified by a Surveyor appointed or authorized as aforesaid to be the fair selling Value thereof, and, if a Part or Parts only of the Land or Lease shall have been sold, shall sufficiently describe the same by the Description by which the same shall have been sold and conveyed, or shall be intended to be conveyed; and the Deponents in such Affidavit shall declare that such Land or Lease, or the Part or Parts thereof so sold, has or have been so sold without Fraud, for the Purpose of discharging an Incumbrance or Incumbrances affecting such Land or Lease, and where the Sale shall be made by an Incumbrancer, that the Principal Sum of Two hundred Pounds or upwards is justly owing on his Incumbrance; and such Affidavit shall also state, that before the Publication of such Notice by Advertisement a negative Search was made in the Office for registering Deeds, Wills, and Conveyances in Ireland, for a Period of not less than Sixty Years next before the Day of making Certificate of such Search (such Day not being more than Three Months before the Time of the first Publication by Advertisement of such Notice) for the Acts affecting such Land, or the Land comprised in such Lease, of

all

all Persons by whose Acts, according to the Belief of the DeCap. 48. ponent, the Land or Lease described in such Notice might have been affected in Title or Charge, and that a negative Search was also made in the Office for the Registration of Judgments and Incumbrances affecting Real Estates in Ireland for such Judgments and other Incumbrances there registered and re-registered within Twenty Years before the Day of making Certificate of such last-mentioned Search (such Day not being more than Three Months before the first Publication by Advertisement of such Notice) against the several Persons the Judgments and Incumbrances against whom would, in the Judgment and Belief of such Deponents, have affected such Land or Lease, and that all the Incumbrances appearing on such respective Searches, except such (if any) as such Deponents know to have been satisfied, or to have otherwise ceased to affect such Land or Lease, and all other Incumbrances (if any) affecting such Land or Lease known to such respective Deponents, were mentioned in such Notice; and in case the Sale shall have been made by an Incumbrancer after Notice to an Owner, such Affidavit shall also state that Notice was given to the Owner according to the Provisions of this Act; and such Certificate of the fair selling Value as aforesaid, and the official Certificates of such negative Searches, shall be annexed to and filed with such Affidavit; and the Registrar of the Court shall give a Certificate of the filing of such Affidavit, specifying the Names of the Deponents, the Dates of the Jurat, and of the filing, and such other Particulars as he may think necessary to identify such Affidavit, and shall state the Amount of the Purchase Money mentioned in such Affidavit, and that such Affidavit contains the Statements required in an Affidavit upon a Sale without the Order of the Court under this Act; provided that where such an Affidavit as aforesaid shall have been filed upon a Sale of a Part of the Land or Lease described in such Notice as aforesaid, it shall not be necessary in the Affidavit to be filed upon any subsequent Sale of other Part or Parts of the Land or Lease described in the same Notice again to set forth such Notice or the Publications thereof, or the Searches and Statements in relation thereto, mentioned in such former Affidavit, but reference may be made to the former Affidavit, and to the Copy of Notice and Statements of the Publication, and Searches in such former Affidavit contained and mentioned, and to the Certificates of Searches filed with such former Affidavit.

475

XL. And be it enacted, That upon the Delivery to the Ac- Purchase countant General of such Certificate of the Registrar as afore- Money to be said, the Purchase Money mentioned in such Certificate shall, paid into Court. without Order of the Court, be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General, and shall be placed to his Account in the Matter of private Sales, under the "Act to facilitate the Sale of incumbered Estates in Ireland," to the Credit of the Persons interested in the Land or Lease mentioned in the Affidavit, describing such Affidavit by reference to the Names of the Deponents, and the

Dates