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Where a Decree for a Sale is pronounced in Chancery, or where Order for Sale is in Bankruptcy or Insolvency, Sales shall be made by the “Landed Estates Court, Ireland.”
Proviso as to Investigation of Title.
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XLIX. Whenever any Order or Decree for a Sale of any Estate of Land in Ireland shall be pronounced by the High Court of Chancery in Ireland, or One of the Masters thereof, or any Judge or Officer of the said Court who, according to the Practice thereof, may make such Decree or Order, and where any Order for Sale of Lands shall be pronounced by a Judge of Her Majesty’s Court of Bankruptcy and Insolvency in Ireland, such Sale shall be effected in and by the “Landed Estates Court in Ireland,” and not by or under the said Court of Chancery, or the said Court of Bankruptcy and Insolvency, and the Title of such Laud shall undergo such Investigation by the “Landed Estates Court in Ireland,” preparatory to such Sale, as shall be incident to Sales founded upon Petitions filed in the said last-mentioned Court, and the Conveyance of such Land to the Purchaser thereof shall be executed by a Judge of the said last-mentioned Court, and such Conveyance shall have the like Operation and Effect as Conveyances by Judges of the said Court, to Purchasers upon Sales founded upon Petitions to the said Court under this Act: Provided always, that if upon the Representation of the Parties, or on Consideration of the small Value of the Property to be sold, the said Courts of Chancery or Bankruptcy and Insolvency respectively shall not deem it expedient to have such Investigation of Title or Sale or Conveyance by the “Landed Estates Court, Ireland,” it shall be lawful for such Courts respectively to retain the Conduct of the said Sale, and otherwise act in relation thereto according to their own Course of Proceeding as if this Act had not been passed.
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