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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 57

Persons interested may bid at sale, except petitioner, who may bid by permission of the Court, and the person having carriage of sale, &c.

57. Provided always, that it shall be lawful for any incumbrancer on, or
person otherwise interested in, any land or rentcharge, or part thereof,
(other than the incumbrancer or owner upon whose application the sale has been
ordered, or the person having carriage of the sale, or attorney or solicitor
of such incumbrancer or owner as last aforesaid, or of the person having
carriage of the sale,) to bid at any public sale, and to become the purchaser
at any public sale or by private contract, in like manner as any person not
interested therein might bid and become the purchaser; and, by leave of the
said judge, it shall be lawful for the incumbrancer or owner on whose
application the sale has been ordered to bid and become the purchaser; and
where an incumbrancer on any land, or part thereof, shall be the purchaser of
such land, or part thereof, the judge may, if he think fit, authorize such
purchaser to retain out of the purchase money the amount which might have been
ordered to be paid thereout in respect of such incumbrance in case the whole
purchase money had been paid [into the Supreme Court] under this Act, or such
sum on account of such amount as the judge may think fit, and to pay the
residue only of the purchase money [into the Supreme Court]; and where, at the
time of authorizing such retainer as aforesaid, the said judge shall not
finally have ascertained and determined the priority and rights of such
purchaser in respect of his incumbrance, or the amount which he would be
entitled to be paid in respect thereof out of the purchase money, such
retainer shall be without prejudice to the power of the said judge to require
such purchaser to pay [into the Supreme Court] the whole or any part of the
amount so retained which ought to be paid by him; and the said judge shall
withhold his certificate of payment herein-before mentioned until he shall be
satisfied that the full purchase money, less the amount which such purchaser
would be entitled to be paid in respect of his incumbrance, has been paid
[into the Supreme Court].

© 1858 Crown Copyright

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