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In case of Non-payment of Money so charged, Drainage Boards may enter into Receipt of the Rents, and mortgage the Land.
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45. If any Sum of Money so charged as aforesaid, or any Instalment thereof, or any Interest in respect thereof, shall remain unpaid for the Space of Three Calendar Months next after the Time appointed for the Payment of the same by the said Award, then it shall be lawful for the Drainage Board, or any Person authorized by them, to enter upon the Land charged with or liable to the Payment of the Sum of Money or Interest so in arrear, or any Part thereof, (but subject nevertheless to such Quit or Chief Rent, or other Incumbrance, if any, as aforesaid,) and the Rents and Profits of such Land to receive and take, until thereby or otherwise the Sum and Interest so due (together with all Costs and Expenses attending or occasioned by such Entry and Receipt of the Rents, Profits, and Issues of such Land) shall be fully paid and satisfied; and it shall be lawful for the Court of Chancery in Ireland, upon the Application by Petition of the Drainage Board, to appoint a Receiver of the Rents, Profits, and Issues of such Land, which Receiver shall have full Power to receive the same Rents, Profits, and Issues, and apply the same, after Deduction of the necessary Expenses of the Application to the said Court, Order and Proceedings thereon, and of such Quit or Chief Rent issuing out of such Lands and Premises (if any), and without Prejudice to such prior Incumbrances, or any Remedy for the Recovery of the same, respectively in Payment of the Sum and Interest so due, until the same shall be fully paid; and it shall also be lawful for the Drainage Board, if they shall so think fit, to raise such Sum and Interest, and all Costs and Expenses attendant thereon, by Mortgage of such Land or a competent Part thereof; and every such Mortgage, and every Receipt given for the Consideration Money, shall be valid and effectual to all Intents and Purposes whatsoever; and no Mortgagee shall be bound to see to the Application of his Mortgage Money, or to inquire whether the Mortgage made by the Drainage Board is hereby authorized.
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