Oldalképek
PDF
ePub

Act shall be pending, no such Order of Partition or of Exchange, changes, and or of Division and Allotment, as aforesaid, shall be made by the Divisions to be Commissioners until such Notices by Advertisement in such

given. public Newspaper or Newspapers as the Commissioners shall direet shall have been given of such proposed Partition, Exchange, or Division and Allotment, and Three Calendar Months shall have elapsed from the Publication of the last 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 Commissioners of his Dissent from such pro. posed Partition, Exchange, or Division and Allotment, (as the Case may be,) the Commissioners shall not make an Order for sach Partition, Exchange, or Division and Allotment, unless such Dissent shall be withdrawn, or it shall be shown to the Commissioners that the Estate or Charge of the Party so dissenting shall hare ceased, or that such Estate or Charge is not an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.

XLIX. And be it enacted, That every Conveyance and Assign- Conveyance, ment respectively executed as required by this Act, and every Assignment, Order for Partition or for Exchange, or för Division and Allot- and Orders for ment, made by the Commissioners under their Seal, shall for all change, or DiviPurposes be conclusive Evidence that every Application, Pro- sion and Allotceeding, Consent, and Act whatsoever which ought to have been ment, conmade, given, and done previously to the Execution of such Con- clusive. veyance or Assignment, or the making of such Order respectively, has been made, given, and done by the Persons authorized to make, give, and do the same ; and no such Conveyance, Assignment, or Order shall be impeached by reason of any Informality therein.

L. And be it enacted, That the Commissioners shall not be Proceedings besubject to be restrained in the Execution of their Powers under fore Commisthis Act, nor shall any Person be restrained from making Appli- restrained by

sioners not to be cation under this Act to the Commissioners, or doing any other Injunction, &c. Act or giving any Consent under the Provisions of this Act, by Order or Injunction of a Court of Equity, or by Writ of Prohibition, nor shall the Commissioners be required by Writ of Mandamus to do any Act or take any Proceeding under this Act, nor shall Proceedings before them be removable by Certiorari; and Commissioners the Commissioners shall not, nor shall any of them, nor shall any

not to be liable Person acting under the Order or Authority of them or any of

in respect of

Acts done bona them, be liable to any Action, Suit, or Proceeding for or in respect fide. of any Act or Matter bona fide done or omitted by them respectively in the Exercise or supposed Exercise of the Powers of this Act.

LI. And be it enacted, That it shall be lawful for the Commis. Orders may be sioners to review and rescind or vary any Order which shall have reviewed by been previously made by them, but, save as aforesaid and as herein

Commissioners. after provided, every Order of the Commissioners shall be final :

Provided

Appeal to Privy Provided always, that where the Commissioners allow Appeal, Council where but not otherwise, Appeal against any Order of the Commisallowed by sioners may be made to the Privy Council of Ireland within One Commissioners.

Calendar Month from the making of the Order appealed against, and such Appeal sliall be heard and reported on by Members of the Privy Council, to be appointed by such Judicial Committee of the said Privy Council as herein-after mentioned, and the Orders of the said Privy Council in relation to such Appeal shall be made according to the Reports of such Judicial Committee, and

the Order of the said Privy Council on the Appeal shall be final. Who to form LII. And be it enacted, That the Judicial Committee hereinthe Judicial before referred to shall consist of the Lord High Chancellor of Committee.

Ireland for the Time being, and such of the Members of the said
Privy Council as shall from Time to Time hold any of the follow-
ing Offices in Ireland ; that is to say, the Office of Lord Keeper
or First Lord Commissioner of the Great Seal of Ireland, Lord
Chief Justice or Judge of the Court of Queen's Bench, Master of
the Rolls, Lord Chief Justice or Judge of the Court of Common
Pleas, Lord Chief Baron or Baron of the Court of Exchequer,
and Judge or Commissary of Her Majesty's Court of Prerogative
for Causes Ecclesiastical and Court of Faculties in and throughout
Ireland, and of all Persons Members of the said Privy Council
who shall have held the Office of Lord Chancellor of Ireland, or
any of the other Offices herein-before mentioned, and of such
other Persons not exceeding Four in Number, being Privy Coun-
cillors in Ireland, as the Lord Lieutenant or other Chief Go.
vernor or Governors for the Time being of Ireland shall appoint
to be Members of such Committee; and no such Appeal as afore.
said shall be heard or reported on by the said Judicial Committee
unless in the Presence of at least Four Members of the said
Committee; and no Report on such Appeal shall be made unless
a Majority of the Members of such Committee present at the

Hearing concur in such Report.
Penalty for LIII. And be it enacted, That every Person who upon

Exami false Swearing. nation upon Oath, Affirmation, or Declaration before the Commis

sioners or any of them, or any Person appointed and authorized under this Act by the Commissioners to administer such Oath, Affirmation, or Declaration, shall wilfully give false Evidence, and every Person who shall wilfully swear, affirm, or declare falsely in any Affidavit authorized under this Act to be received in Evidence by the Commissioners, shall be liable to the Pains

and Penalties of Perjury. Construction of LIV. And be it enacted, That in the Construction of this Act Terms, &c. in (except where the Context or other Provisions of the Act require this Act: à different Construction) the Word - Land ” shall extend to “ Land :" Manors, Advowsons, Rectories, Messuages, Lands, Tenements,

Rents, and Hereditaments of any Tenure, whether subject to any Fee Farm or other perpetual Rent, with or without Condition of Re-entry for securing the same, or otherwise, and whether

corporeal or incorporeal, and any undivided Share thereof; and « Estate :" the Word “ Estate” shall extend to an Estate in Equity as well

as at Law, and to an Equity of Redemption, and to the Benefit

of any Covenant or Contract for or Right of Renewal ; and the " Lease." Word “Leasc” shall include an Agreement for a Lease, and the

Estate

Estate or Interest created or agreed to be created by such Lease or Agreement in the whole or any Part of the Land therein comprised ; and the Expression “Lease in Perpetuity” shall mean

“ Lease in any Lease or Grant for One or more Life or Lives, with or without Perpetuity :" a Term of Years, or for Years determinable on One or more Life or Lives, or for Years absolute, with a Covenant or Agreement in any of such Cases, whether in the same or in any other Instrument, for the perpetual Renewal of such Lease or Grant, whether such Lease shall be derived out of the Inheritance or by way of Under-lease out of any Lease or other Estate ; and the Expression “ Church or College Lease” shall include any Lease “ Church or by any Archbishop, Bishop, Dean, or Dean and Chapter, or other College Lease:" Ecclesiastical Corporation, sole or aggregate, or by the College of the Holy and Undivided Trinity near Dublin, or by the Ecclesiastical Commissioners for Ireland, where a Fine has been paid on the Grant of such Lease ; and the Word “Incumbrance” “Incumshall mean any legal or equitable Mortgage in Fee, or for

brance :" less

any Estate, and also any Money secured by a Trust, or by Judgment, Decree, or Order of any Superior Court of Law or Equity duly registered, and also any Legacy, Portion, Lien, or other Charge, whereby a gross Sum of Money is secured to be paid on an Event or at a Time certain, and also any annual or periodical Charge which by the Instrument creating the same, or by any other Instrument, is made repurchasable on Payment of a gross Sum of Money, and also any Arrear remaining unpaid of any annual or periodical Charge, for Payment of which Arrear a Sale of any Land charged therewith might be decreed by a Court of Equity ; and the Word “Incumbrancer” shall mean any Person entitled “Incumto such Incumbrance, or entitled to require the Payment or Dis- brancer :" charge thereof; and the Word “Possession” shall include the “ Possession :" Receipt of the Rents and Profits; and the Word “Owner,” as “Owner :" applied to any Land, shall include any Person entitled in possession in Fee Simple or in Tail, or quasi in Tail, and any Person entitled in possession for a Life or Lives, or for a Terın of Years determinable on the dropping of any Life or Lives, or for a Term of Years of which not less than Ninety-nine Years are unexpired, not being a Lessee at a Rent, and also any Person entitled in possession as Tenant by the Curtesy, whether at Law or in Equity, and any Person entitled in possession, whether in Fee or for any lesser Éstate as aforesaid, to the Equity of Redemption in any Land, or to the Land subject to any Incumbrance, or å Trust for the Payment of any Incumbrance, and any

Feoffees or Trustees for cbaritable or other Purposes, entitled in possession; and the Word “Owner," as applied to a Lease in Perpetuity or other Lease, shall include any Person entitled in possession to the Land comprised in such Lease for the whole Estate created or agreed to be created by such Lease, or for any derivative Estate (created by Settlement, or testamentary or other Disposition thereof), quasi in Tail, or for Life or Lives, or for Years determinable on the dropping of a Life or Lives, or for Years of which not less than Fifty Years are unexpired, not being an Under-lease at a Rent derived out of such Lease, and any Person entitled in possession, for such whole Estate or such derivative Estate as aforesaid, to the Equity of Redemption in such Lease or to such

Lease

[ocr errors]

Lease subject to any Incumbrance, or a Trust for the Payment “ Person ” and of any Incumbrance ; and the Word “ Person and the Word « Owner :" “Owner” shall extend to a Body Politic or Corporate as well as “ Commis.

to an Individual; the Word “Čommissioners ” shall mean “ the sioners :" Commissioners for Sale of Incumbered Estates in Ireland ;” the “ Commis. Expression “the Commissioners of Her Majesty's Treasury” shall sioners of Her mean such Commissioners for the Time being or any Three of Majesty's Trea

them, or the Lord High Treasurer for the Time being ; and every sury :'

Word importing the Singular Number only shall extend to several Number.

Persons or Things, and every Word importing the Plural Number shall apply to One Person or Thing; and every Word importing

the Masculine Gender only shall extend to a Female. Act to extend to LV. And be it enacted, That this Act shall, except so far as Ireland only,&c. the special Provisions of the same otherwise require, extend only

to Ireland, and may be amended or repealed by any Act to be passed in this Session of Parliament.

SCHEDULE.
Form of Conveyance on Sales by the Commissioners (which may

be used with such Variations as the Circumstances may appear
to the Commissioners to require).
WE

Two of the Commissioners for Sale of Incumbered Estates in Ireland, under the Authority of an Act passed in the

Year of the Reign of Queen Victoria, intituled [here set forth the Title of this Act), in consideration of the Sum of

by E.F. of, &c., paid into the Bank of Ireland to our Account to the Credit of

do grant unto the said E.F. all [here describe the Premises to be sold), to hold the same unto the said E.F., his Heirs and Assigns, [or, in the Case of a Chattel Interest in a Lease, his Executors, Administrators, and Assigns,] for ever, [or for the unexpired Term created by a certain Lease [describing the Lease, as the case may be], subject to [here specify, where the Sale is made subject thereto, the Tenancies, Leases, Under-leases, or Charge, either by reference to a Schedule or otherwise].

In witness whereof we the said A.B. and C.D. have hereunto set our Ilands and the Seal of the said Commissioners, this Day of in the Year of our Lord

A.B.

C.D.

[ Seal of the Commission. ]
The Certificate of Payment to be endorsed on or written at the

Foot of the Conveyance or Assignment may be in the following
Form:

WE certify that the within (or above] mentioned Sum of
was paid into the Bank of Ireland to the Account and Credit
within (or above] mentioned on the

A.B.

C.D. [ Seal of the Commission.]

Day of

САР.

CA P. LXXVIII.
An Act for the more effectual Taxation of Costs on Private

Bills in the House of Lords, and to facilitate the Taxation
of other Costs on Private Bills in certain Cases.

[28th July 1849.]

[ocr errors]

Reign of His late Majesty King George the Fourth, inti• tuled An Act to establish a Taxation of Costs on Private Bills 7& 8 G. 4.c.64. ' in the House of Lords: And whereas it is expedient to repeal

the same, and to make more effectual Provision for taxing the Costs and Expenses to be charged by Parliamentary Agents,

Attorpies, Solicitors, and others, in future Sessions of Parlia• ment, in respect of Bills subject to the Payment of Fees in · Parliament, commonly called Private Bills, and to be incurred ' in complying with the Standing Orders of the House of Lords

relative to such Bills, and in preparing, bringing in, and carrying

the same through, or in opposing the same in, the House of • Lords, and to facilitate the Taxation of other Costs incurred in respect of Private Bills, in certain Cases :' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, except as to any Costs, Charges, and Expenses which Recited Act shall have been incurred in the present or any preceding Session 7&86.4. c. 64. of Parliament, the said recited Act shall be repealed.

repealed. II. And be it enacted, That no Parliamentary Agent, Attorney, Parliamentary or Solicitor, nor any Executor, Administrator, or Assignee of any Agent, AttorParliamentary Agent, Attorney, or Solicitor, shall commence or ney, or Solicitor

not to sue for maintain any Action or Suit for the Recovery of any Costs,

Costs until One Charges, or Expenses in respect of any Proceedings in the House Month after of Lords in any future Session of Parliament relating to any Delivery of his Petition for a Private Bill, or Private Bill, or in respect of com- Bill. plying with the Standing Orders of the said House relative thereto, or in preparing, bringing in, and carrying the same through, or opposing the same in,

the House of Lords, until the Expiration of One Month after such Parliamentary Agent, Attorney, or Solicitor, or Executor, Administrator, or Assignee of such Parliamentary Agent, Attorney, or Solicitor, has delivered unto the Party to be charged therewith, or sent by Post to or left for him at his Counting-house, Office of Business, Dwelling House, or last known Place of Abode, a Bill of such Costs, Charges, and Expenses, and which Bill shall either be subscribed with the proper Hand of such Parliamentary Agent, Attorney, or Solicitor, or in the Case of a Partnership by any of the Partners, either with his own Name or with the Name of such Partnership, or of the Executor, Administrator, or Assignee of such Parliamentary Agent, Attorney, or Solicitor, or be enclosed in or accompanied by a Letter subscribed in like Manner referring to such Bill : Provided always, that it shall not in any Case be necessary, in Evidence of the first instance, for such Parliamentary Agent, Attorney, or Delivery of Bill. Solicitor, or the Executor, Administrator, or Assignee of such Parliamentary Agent, Attorney, or Solicitor, in proving a Compliance with this Act, to prove the Contents of the Bill delivered,

sent,

« ElőzőTovább »