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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.
© 1858 Crown Copyright
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