Landed Estates Court (Ireland) Act, 1858

Court may provide for Redemption of certain Charges, and otherwise to facilitate the Distribution of the Purchase Money.

LXVIII. It shall be lawful for the Court, with the Consent in Writing of the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues, or One of them, to apportion any Crown Rent upon or amongst the several Lands liable to the Payment thereof, or to charge the whole of any such Rent on any Part of the Lands charged therewith in exoneration of the Remainder of such Lands, and every such Apportionment or exclusive Charge shall be binding on the Queen’s Majesty and on every Corporation and Person, and the apportioned Parts of any such Crown Rent, or any such Crown Rent so exclusively charged, shall thenceforth be issuing out of and chargeable upon the Lands whereon the same may be apportioned or exclusively charged, but no such Apportionment or exclusive Charge shall in any Manner prejudice or affect any Reversion or Remainder of the Crown in any Lands originally charged with any such Rent so apportioned or exclusively charged, nor shall the Sale of any apportioned Part of any Crown Rent, or of any Crown Rent so exclusively charged, or of any Interest in the Reversion or Remainder of the Crown in the same Lands, affect the Right or Interest of the Crown in any other Part of the Lands originally charged with any Rent so apportioned or exclusively charged, either as regards the Rent remaining unsold, or the Crown’s Interest in the Remainder or Reversion of such Lands or otherwise; and it shall also be lawful for the Court to sell any Land, or Part thereof, discharged from any Crown Rent or Quitrent which it may be enabled, and may, with the Consent of the Owner, think fit to purchase, or from any Charge made by virtue of the said Acts of the Sixth and Tenth Years of Her Majesty, or either of them, which it may, with such Consent, think fit to pay off or redeem; and in any such Case the Court 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 Quitrent, or such Sum as may be necessary for paying off or redeeming such Charge; and it shall be lawful for the Court, where it shall think fit, to purchase, with the Consent of the said Commissioners of Woods, any Estate or Interest of the Crown, in remainder or reversion, in the whole or any Part of the Lands for the Sale of or Declaration of Title to which Application has been made, or to pay to any Person entitled to any annual or other Charge, not being an Incumbrance according 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 Court, where it shall 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 Court 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 Part thereof from the Sale of which the same shall have arisen.