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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 80

On application for sale, or after sale, Court, on application of party interested, and with consent, may make order for exchange.

80. Where an application shall be made for a sale under this Act of any land
or part thereof, or where the same shall have been sold under this Act, and
either before or after the conveyance or assignment thereof under this Act, if
application be made to the Court by any party interested in such land, or by
the purchaser, (as the case may be,) for the exchange of all or any part of
such land for other land which the owner thereof may be willing to give in
exchange, the Court may make or cause to be made such inquiries as they think
fit, for ascertaining whether such exchange would be beneficial to the person
interested in the respective lands, and cause such notices to be given to
parties interested in the respective lands, as it may think fit; and if, after
making such inquiries, and hearing such parties interested in the respective
lands as may apply to them, the Court shall be of opinion that such exchange
would be beneficial, and that the terms thereof as proposed, or as modified by
it with the consent of such owner as aforesaid, are just and reasonable, the
said Court may make an order under their seal for such exchange accordingly;
and in such order for exchange, or in a map or plan annexed thereto, shall be
shown the lands given and taken in exchange respectively under such order; and
the land taken upon such exchange under such order shall, without any
conveyance or other assurance in relation thereto, go and enure to and upon
the same uses and trusts, and be subject to the same conditions, charges, and
incumbrances, as the land given on such exchange would have stood limited or
been subject to in case such order had not been made; and the like order for a
sale may be made by the Court in respect of the land taken in exchange for any
land to which the application for a sale shall relate, (where the order for
exchange is made before sale,) and the like proceedings had in relation to
such sale, and the like conveyance or assignment may be made in respect of the
land taken in exchange for the land or part thereof sold, (where the order for
exchange is made after sale, and before conveyance or assignment,) and with
the like consequences in the several cases aforesaid, as if applicable for a
sale, or the sale (as the case may be) had been in respect of the land taken
in exchange.

© 1858 Crown Copyright

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