Landed Estates Court (Ireland) Act, 1858

Court to be a Court of Record, and shall have Powers, &c. of a Court of Equity.

Power of the Court to direct an Issue to be tried by Jury.

XXXVII. The said “Landed Estates Court, Ireland,” shall be a Court of Record, and shall have all the Powers, Authority, and Jurisdiction of a Court of Equity in Ireland, for the Investigation of Title, and for ascertaining and allowing Incumbrances and Charges, and the Amounts due thereon, and settling the Priority of such Charges and Incumbrances respectively and the Rights of Owners and others, and generally for ascertaining, declaring, and allowing the Rights of all Persons in any Land in respect of which Application may be made under this Act, or in the Money to arise from Sales under this Act, upon such Applications, and shall have the like Authority and Jurisdiction for enforcing, rescinding, or varying any Contract for Sale made under this Act, and in other Matters incident to or consequent on a Sale under this Act, as are vested in a Court of Equity in relation to a Sale under the Direction of such Court, but the Procedure of the Court in reference to the same shall be according to such General Rules as aforesaid, or when the General Rules shall be inapplicable, at the Discretion of the Court; and the said Court shall have Power, in relation to any Matter or Question before them, to direct Issues of Fact to be tried by a Jury; and, subject to any General Rules a aforesaid, the Acts and Orders of each Judge acting separately shall for all the Purposes of this Act be deemed and taken in relation to all such Inquiries and Matters as the Acts and Orders of the said Court, and so described in the said Orders and in all legal Proceedings.