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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 58

Court may include arrears of rent in sale of land.

58. Where a sale is made by the Court under the said recited Acts or this Act
of any land or lease, it shall be lawful for it, whenever it shall appear to
such Court convenient so to do, to include in such sale all or any part of the
arrears of rent, if any, which may at the time of the sale be owing from any
lessees or tenants, subject to whose leases or tenancies the sale is to be
made, where such arrears are subject to any incumbrance in respect of which an
incumbrancer shall have obtained an order for sale, or where the order for
sale has been obtained by the owner, and in the conveyance or assignment of
such land or lease to assign such arrears to the purchaser accordingly; and
such purchaser, his heirs, executors, administrators, or assigns, shall, after
such assignment of the said arrears, have, for the recovery and in respect of
the nonpayment thereof, the same rights and remedies which the person or
persons who would have been entitled to such arrears would have possessed if
no such assignment thereof or any conveyance or assignment of such land or
lease had been made.


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© 1858 Crown Copyright

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