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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 59

Assignees to recover rents of the lands of the bankrupt of which the commissioner has power to make disposition and to enforce covenants, as the bankrupt could have done if not adjudged bankrupt.

59. The rents and profits of any lands of which any commissioner acting in the
execution of any such commission as aforesaid hath power to make disposition
under this Act shall, in the meantime and until such disposition shall be
made, or until it shall be ascertained that such disposition shall not be
required for the benefit of the creditors of the person adjudged bankrupt
under the commission, be received by the assignees of the estate of the
bankrupt for the benefit of his creditors; and the assignees may proceed by
action of debt for the recovery of such rents and profits, or may distrain for
the same upon the lands subject to the payment thereof, and in case any action
of trespass shall be brought for taking any such distress,... and also, in
case any such distress shall be replevied, shall have power to avow or make
cognizance generally in such manner and form as any landlord may now do by
virtue of the Landlord and Tenant Act (Ireland), 1741, or by any other law or
statute now in force or hereafter to be made for the more effectually
recovering of rent in arrear; and such assignees, and their bailiffs, agents,
and servants, shall also have all such and the same remedies, powers,
privileges, and advantages of pleading, avowing, and making cognizance, and be
entitled to the same costs and damages, and the same remedies for the recovery
thereof, as landlords, their bailiffs, agents, and servants, are now or
hereafter may be by law entitled to have when rent is in arrear; and such
assignees shall also have the same power and authority of enforcing the
observance of all covenants, conditions, and agreements in respect of the
lands of which such commissioner as aforesaid hath the power of disposition
under this Act, and in respect of the rents and profits thereof, and of entry
into and upon the same lands for the non-observance of any such covenant,
condition, and agreement, and of expelling and amoving therefrom the tenants
or other occupiers thereof, and of proceeding under the various statutes
passed in Ireland providing the remedies of ejectment for the nonpayment of
rent, and thereby determining and putting an end to the estate of the persons
who shall not have observed such covenants, conditions, and agreements, as the
bankrupt would have had in case he had not been adjudged a bankrupt: Provided
always, that this clause shall apply to lands of any tenure which any
commissioner acting in the execution of any such commission as aforesaid may
have power to dispose of under this Act after the bankrupt's decease.

© 1834 Crown Copyright

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