Drainage (Ireland) Act 1846

In default of Payment for 12 Months of Money secured upon Bog, Moor, or Waste Lands, Commissioners may levy Amount by Sale of the Lands or a competent Part thereof.

XL. And be it enacted, That if Default shall be made in the Repayment of any Sum of Money charged upon any such Lands as last aforesaid under the final Award of the said Commissioners, for any Period exceeding Twelve Months, and that the same cannot, in the Opinion of the said Commissioners, be raised by any such Demise as aforesaid, it shall and may be lawful for the said Commissioners, or such Person or Persons as shall be nominated and authorized by any Two or more of them, without any other Process or Writ, to enter upon and to take possession of all or any Parts or Part of such Lands, and by Sale of the same or a competent Part thereof to raise and levy such Sum or Sums of Money as shall be sufficient to repay all Monies so due and in arrear upon or in respect of such Lands, and all Costs as between Attorney and Client, and other Charges whatever attending such Proceedings; and the Monies so recovered (the Costs and Charges aforesaid excepted) shall be paid and applied in and towards the Reimbursement and Satisfaction of the Sum so due upon and in arrear in respect of such Lands; and the Receipt of such Person or Persons as the said Commissioners shall nominate and appoint as aforesaid shall alone be a full and sufficient Discharge to all and every Person and Persons whatsoever, and by whatever Title claiming, or howsoever entitled or deriving, for the Purchase Money or Purchase Monies of the respective Interest or Property so sold; and such Purchaser or Purchasers, or other Person or Persons, shall not be bound to see to the Application thereof, nor shall be liable or in any Manner accountable for the Misapplication or Nonapplication of such Money or Monies by the Person or Persons appointed by the said Commissioners as aforesaid or any of them; and every such Sale shall be good, valid, and effectual in the Law for the Purposes aforesaid, and to convey a good and valid Title to the Purchaser or Purchasers of any such Lands, free from and in Priority to all Charges or Incumbrances thereon whatsoever, and shall be binding and conclusive upon all and every Person or Persons whatsoever; and all the Estate, Right, Title, or Interest of or in the said Lands so sold shall and may be conveyed and assured to the Purchaser or Purchasers thereof by any Deed or Deeds of Conveyance to be executed under the Hands and Seals of the said Commissioners or any Two of them, subject nevertheless to any Quit Rent, Rent-charge in lieu of Tithe, or Chief Rent, as in said first-recited Act construed or defined, which shall have been reserved or payable thereout previous to the Registry of the Memorandum of the Declaration with respect to such Lands, as by the said secondly-recited Act provided, and the Estate or Estates to which such Chief Rent or Chief Rents shall be incident.