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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 68

Court may provide for the application of the purchase money.

68. ... it shall also be lawful for the Court to sell any land, or part
thereof, discharged from any Crown rent or quit rent 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 Drainage (Ireland) Act, 1842, and the Landed
Property Improvement (Ireland) Act, 1847, 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 quit rent, 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 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 periodicial
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.


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© 1858 Crown Copyright

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