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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 84

Notices of partitions, exchanges, and divisions to be given, &c.

84. Provided always, that in the case of land in which no proceedings for a
sale under this Act shall be pending, no such order of partition, or of
exchange, or of division and allotment, as aforesaid, shall be made by
the Court until such notices by advertisement in public newspaper or
newspapers as the Court shall direct shall have been given of such proposed
partition, exchange, or division and allotment, and three calendar months
shall have elapsed from the publication of such advertisements; and in case
before the expiration of such three calendar months any person entitled to any
estate in or to any charge upon any land included in such proposed partition,
exchange, or division and allotment, shall give notice in writing to the Court
of his dissent from such proposed partition, exchange, or division and
allotment (as the case may be), the Court shall not make an order for such
partition, exchange, or division and allotment, unless such dissent shall be
withdrawn, or it shall be shown to the Court that the estate or charges of the
party so dissenting shall have ceased, or that such estate or charges is not
an estate or charge in respect of which he would be entitled in equity to
prevent such partition, exchange, or division and allotment; but no such order
as aforesaid shall be in anywise liable to be impeached by reason of any
infirmity of estate or defect of title of the persons on whose application the
same shall have been made.

© 1858 Crown Copyright

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