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Where Rent-charge in Arrear, and the Person liable thereto shall not be in occupation of the Lands charged therewith, or where such Person may not be known, a Court of Equity may order the Rents of such Lands to be received in liquidation of such Rent-charge, &c.
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XXX. Provided always, and be it enacted, That in all Cases where any Lands charged with the said Rent-charge shall be held or occupied by any Person other than the Person liable under the Provisions of this Act to the Payment thereof, it shall not be lawful to make any Distress upon such Lands or upon any other Lands, Goods or Chattels of such Person for such Rent-charge, but in all such Cases, and also in all Cases where the person liable to the Payment of such Rent-charge may not be known to the Party entitled to such Rent-charge, and such Rent-charge shall be in arrear and unpaid for the Space of Thirty-one Days after the same shall have become due, it shall be lawful for the Court of Chancery or Exchequer in Ireland, upon Application as herein-after mentioned, and in default of its being shown to such Court that the Person in Occupation of such Land is liable to the Payment of such Rent-charge to appoint a Receiver, or to extend any Receiver already appointed over the said Lands to the Matter of the said Petition, to receive the Rents or such Part of the Rents of the Lands charged with such Rent-charge as shall be sufficient to pay such Rent-charge and all Arrears thereof, until the whole of such Arrears shall be discharged, together with such Fees as shall be appointed by such Court for such Receiver, and also the Costs out of Pocket, of such Application, and that out of the Sums so received such Fees and Costs shall be ordered to be paid; and such Order shall be made upon Petition and Affidavit, after reasonable Time given to show Cause; and Notice of the Intention to make such Application shall, Ten Days previous to making the same, be served upon the Person, or the known Attorney, Agent or Steward of the Person in receipt of or entitled to such Rents, either by delivering such Notice to the Party personally, or by leaving the same at his usual Place of Residence, or in case such Person be not known, or there be any Difficulty in effecting such Service, then by serving such Notice in such Manner as the Court may, under the Circumstances think proper to direct; and that the said Receiver shall be empowered by the said Court to recover the said Rents, or so much thereof as may be necessary, by Distress and all such other Remedies as Receivers in any Manner appointed by Courts of Equity in Ireland are empowered to recover Rents according to the Rules and Practice of such Courts respectively.
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