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CONVEYANCING ACT 1881 - SECT 44

44.(1) Where a person is entitled to receive out of any land, or out of the
income of any land, any annual sum, payable half-yearly or otherwise, whether
charged on the land or on the income of the land, and whether by way of
rentcharge or otherwise, not being rent incident to a reversion, then, subject
and without prejudice to all estates, interests, and rights having priority to
the annual sum, the person entitled to receive the same shall have such
remedies for recovering and compelling payment of the same as are described in
this section, as far as those remedies might have been conferred by the
instrument under which the annual sum arises, but not further.

Subs.(2) rep. by 1969 c.30 (NI) s.132 sch.6

(3) If at any time the annual sum or any part thereof is unpaid for forty days
next after the time appointed for any payment in respect thereof, then,
although no legal demand has been made for payment thereof, the person
entitled to receive the annual sum may enter into possession of and hold the
land charged or any part thereof, and take the income thereof, until thereby
or otherwise the annual sum and all arrears thereof due at the time of his
entry, or afterwards becoming due during his continuance in possession, and
all costs and expenses occasioned by non-payment of the annual sum, are fully
paid; and such possession when taken shall be without impeachment of waste.

(4) In the like case the person entitled to the annual charge, whether taking
possession or not, may also by deed demise the land charged, or any part
thereof, to a trustee for a term of years, with or without impeachment of
waste, on trust, by mortgage, or sale, or demise, for all or any part of the
term, of the land charged, or of any part thereof, or by receipt of the income
thereof, or by all or any of those means, or by any other reasonable means, to
raise and pay the annual sum and all arrears thereof due or to become due, and
all costs and expenses occasioned by non-payment of the annual sum, or
incurred in compelling or obtaining payment thereof, or otherwise relating
thereto, including the costs of the preparation and execution of the deed of
demise, and the costs of the execution of the trusts of that deed; and the
surplus, if any, of the money raised, or of the income received, under the
trusts of that deed shall be paid to the person for the time being entitled to
the land therein comprised in reversion immediately expectant on the term
thereby created.

(5) This section applies only if and as far as a contrary intention is not
expressed in the instrument under which the annual sum arises, and shall have
effect subject to the terms of that instrument and to the provisions therein
contained.

(6) This section applies only where that instrument comes into operation after
the commencement of this Act.

Ss.4647 rep. by 1971 c.33 (NI) s.11(2) sch.2PS080048.[(1) An instrument
creating a power of attorney, its execution being verified by affidavit,
statutory declaration, or other sufficient evidence, may, with the affidavit
or declaration, if any, be deposited in the proper office of the Supreme Court
in Ireland.

(2) A separate file of instruments [deposited under this section before the
commencement of the Powers of Attorney Act (Northern Ireland) 1971] shall be
kept, and any person may search that file, and inspect every instrument so
deposited, and an office copy thereof shall be delivered out to him on
request.

(3) A copy of an instrument so deposited may be presented at the office, and
may be stamped or marked as an office copy, and when so stamped or marked
shall become and be an office copy.

Subs.(4) rep. by 1940 c.28 s.4(2); subs.(5) rep. by 1978 c.23 s.122(2) sch.7
Pt.I; subs.(6) rep. by 1971 c.33 (NI) s.11(2) sch.2

Use of word grant unnecessary.

© 1881 Crown Copyright

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