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LANDED ESTATES COURT (IRELAND) ACT 1858

LANDED ESTATES COURT (IRELAND) ACT 1858 - LONG TITLE

An Act to facilitate the Sale and Transfer of Land in Ireland.{1}
[2nd August 1858]
Preamble rep. by SLR 1892

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 1
Construction of certain terms in this Act.

1. In the construction of this Act (except where the context or
other provisions of this Act require a different construction),

The word "land" shall include and extend to manors, advowsons,
rectories, messuages, tithes, lands, tenements, rents, annuities
charged on lands, and hereditaments of any tenure, or any estate
therein, partial, derivative, or otherwise, and whether such land be
held as freehold or chattel, or held by lease, or whether subject
to any fee-farm or other perpetual rent, with or without the
condition of re-entry for securing the same or otherwise, or whether
corporeal or incorporeal, and whether a divided or undivided share;

And the word "estate" shall include and 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 whether this land be held in fee simple or for any lesser
estate, or held by lease;

And the word "lease" shall include an agreement for a lease, and
the estate or interest created or agreed to be created by such
lease or agreement in the whole or in any part of the land
therein comprised;

And the expression "lease in perpetuity" shall mean any lease or
grant for one or more life or lives, with or without a term of
years, or determinable upon the expiration of any given 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 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 other lease or estate;

The word "owner," as applied to land, shall include any person
beneficially entitled in possession to an estate in fee simple or
fee tail, ..., or for any lesser, partial, or derivative or other
estate, freehold or chattel, at law or in equity, or any person
entitled to such estate as a trustee for sale;

And the words "person or owner" shall extend to a body politic or
corporate, as well as to an individual;

And the word "judge" shall mean one of the judges of the "Landed
Estates Court, Ireland";

And the expression "the judge" shall mean the judge of the said
Court before whom the matter shall be pending of which the section
is conversant;

Definition rep. by SLR 1892

And the word "incumbrance" shall mean any legal or equitable
mortgage in fee, or for any less estate, and also any money
secured by a trust, 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 any other
instrument, is made purchaseable on payment of a gross sum of
money, and every other charge upon land which is deemed an
incumbrance in a court of equity, and which a court of equity
would discharge by a sale of the land charged, or by the
appointment of a receiver over the same:

And the word "incumbrancer" shall mean a person entitled to an
incumbrance absolutely, or a person entitled to the absolute or any
partial or lesser interest in an incumbrance, or in any part
thereof;

And the word "Court" shall mean the "Landed Estates Court, Ireland";
and where the expression "the Court" shall be used in connexion
with any act to be done or order to be made by the same, it
shall mean the judge of the said Court before whom the matter
referred to shall be pending.

Definition rep. by SLR 1953

Ss.230 rep. by SLR 1875; SLR 1892; SLR 1893; SLR 1953; SLR 1963

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 31
Rules to provide for notice to tenants and owners of contiguous
lands, &c.

31. The Court in framing general orders under this Act, shall have
regard to the best mode of apprizing tenants on the estate of the
subject of any matter or reference pending before the Court, and of
the nature and effect of the proceeding, by causing notices to be
posted on and in the vicinity of the lands, and also by
advertisement or otherwise, thereby inviting them to establish their
rights, with a view to have such reserved, and shall also have
regard to the best mode of calling the attention of owners of
lands contiguous to those which may be the subject of any matter
or reference pending before the Court, to the boundaries set out in
the maps annexed to the rental, and shall also have regard to the
best mode of having brought before the judge a draft of every
proposed conveyance or declaration, and of having produced before the
judge such materials as shall enable him to settle such conveyance
or declaration in accordance with the rights of the tenants and
other parties concerned.

S.32 rep. by SLR 1892. Ss.3335 rep. by SLR 1893

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 36
Orders of the Court may be enforced in England.

36. Every order made by the said Court constituted under this Act,
a copy whereof shall be certified under their seal to the High
Court of Chancery in England, may be enrolled in like manner and
enforced by the like process as an order for payment or for
accounting for money made by the High Court of Chancery in Ireland,
a copy whereof is exemplified and certified to the said Court of
Chancery in England under the Great Seal of Ireland, may be
enrolled and enforced under the Crown Debts Act, 1801.

S.37 rep. by SLR 1893; 1978 c.23 s.122(2) sch.7 Pt.I. S.38 rep. by
SLR 1893

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 39
Court may rescind or vary its own orders, &c.

39. It shall be lawful for the Court to review and rescind or
vary any order which shall have been previously made by it or by
the Commissioners for the Sale of Incumbered Estates, or any of
them; but, save as aforesaid, and as herein-after provided, every
order of the Court shall be final.

S.40 rep. by 1978 c.23 s.122(2) sch.7 Pt.I. Ss.41, 42 rep. by SLR
1892

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 43
Owner of incumbered estate, or any incumbrancer, may apply for a
sale.

43. Where any land in Ireland shall be subject to any incumbrance,
it shall be lawful for any incumbrancer on such land, or for the
owner of any estate therein charged with such incumbrance, to apply
to the Court, under the provisions of this Act, for the sale of
the estate in said land charged with such incumbrance.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 44
Owner of any estate may apply for a sale.

44. In any case where any person shall be seised or possessed of
any estate in land as owner thereof, (save a trustee, other than a
trustee for sale,) it shall be lawful for such person to apply to
the Court for the sale of such estate under the provisions of this
Act.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 45
Incumbrance secured by a trust term, or charged under a power.

45. Wherever any incumbrance affecting land shall be secured by a
trust term thereof of not less than ninety-nine years absolute of
which not less than sixty years shall be unexpired, and shall have
been created by the owner of a larger estate in such land, whether
freehold or chattel, such incumbrance shall for the purposes of this
Act be deemed an incumbrance upon such larger estate; and an
incumbrance on land charged under a power shall for the purposes of
this Act be deemed an incumbrance upon the estate in such land of
the person who created such power.

S.46 rep. by SLR 1893

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 47
Vendor or vendee may apply for an investigation of title, and a
conveyance with indefeasible title.

47. Whenever a contract for sale of any estate in Ireland shall be
made, it shall and may be lawful for the vendor and vendee
jointly, or, if the contract shall so provide, for the vendor or
vendee individually, as the case may be, to present a petition to
the said Court for the purpose of procuring for the said vendee an
indefeasible title to the land so previously sold, and a statutable
conveyance thereof under the said Court to him; and (if necessary)
the Court, as incidental to such proceeding, may make an order for
a specific performance of such contract at the instance of either
party; and thereupon all investigations of title and other
proceedings in relation to such petition shall be similar to those
which are and shall be prescribed for owners applying for the sale
of incumbered or unincumbered property by the Court as aforesaid,
save that no sale thereof shall be made by the said Court, unless
the petitioner, being the vendor, shall so desire, with the consent
of the purchaser, but the sale or contract so theretofore made by
the vendor shall be ratified by the said Court, if it shall so
think fit; and a conveyance of such property so sold shall be
executed to the purchaser by the judge, and such conveyance shall
have the same validity and effect as conveyances of incumbered
estates by the judges under this Act; and it shall and may be
lawful for such Court, if necessary, to pay and discharge out of
the purchase money such incumbrances as shall appear upon
investigation of title to be charged upon the property so sold or
contracted to be sold and for that purpose to order the purchase
money into Court: Provided always, that it shall be lawful for the
Court, at the joint instance of the vendor and vendee, to
substitute any other person as purchaser in the room and stead of
the original vendee, or to set up the land for sale under the
Court; and in such case the conveyance shall be made by the judge
to such substituted or other purchaser as if the original
application had been for a sale of the lands so contracted for.

S.48 rep. by SLR 1893. Ss.49, 50 rep. by SRO (NI) 1967/76Effect of
declaration.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 51
Registry of declaration.

51. Where any owner of an estate in fee simple in land, whether
subject to any fee-farm or other perpetual rent, in Ireland, shall
desire to have his title thereto investigated by the Court, and a
judicial declaration made thereon that he has a good and sufficient
title to the same, as alleged by him, with view to future sale,
mortgage, or registration thereof, or other objects, it shall be
lawful for him to make an application to the Court for that
purpose; whereupon the said Court shall investigate such title and
give such notices, by advertisement or otherwise, as the Court may
by general or special order direct, and otherwise proceed in like
manner as if a sale of such land had been sought by the owner;
and if such title shall appear satisfactory to the Court, it shall
be lawful for the judge to make and sign a written declaration to
that effect, which shall be sealed with the seal of the Court, and
shall state, in a schedule thereto, any leases, tenancies, and
incumbrances to which the Court shall find such estate subject; and
such declaration, so signed, sealed, and registered as herein-after
mentioned, shall have the effect of making such title so described
in such declaration (but subject to the leases, tenancies, and
incumbrances referred to in such schedule,) conclusive and
indefeasible from the date of signing thereof by the judge, in like
manner as same would have been vested in a purchaser upon a sale
and conveyance to him by the Court upon an application to it for
a sale of the said land; and it shall and may be lawful for such
owner to have such declaration registered in the Office for the
Registry of Deeds in Ireland; which original declaration the
registrar of such office is hereby authorized and directed to file
as he is now bound by law to do in respect to memorials to
deeds, and shall receive such fees on the registration of such
declaration as are now chargeable on the registration of deeds; and
the registrar shall enter in the books of the registry the name of
the person mentioned in said declaration as having such title, and
the name and description of the lands therein set forth, and shall
refer to same on a requisition for searches, in like manner as he
is now bound by law to enter the names of parties and lands as
described in memorials of deeds, and make such return on
requisitions as aforesaid; and the registrar shall from time to time
give attested copies of such declarations to any persons who shall
require the same, on payment of the fees payable in respect of
copies of memorials; and such copies of declarations shall have all
the effect in evidence which has been given by any statute now in
force with respect to memorials of deeds registered in the said
office...; and the said Court shall keep a record of such
declaration in such form and manner as shall be provided by a
general order: Provided, that if after such investigation of title
under this section the owner may be at liberty instead of obtaining
such declaration, to have the land sold and conveyed by the Court,
and the fund realized by such sale disposed of, as if the
application had been originally to that effect.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 52
On application for a declaration of title the Court shall direct
publication thereof to be made by advertisement, &c.

52. When and so soon as any application shall be made to the
Court for a declaration of title under this Act, the first act of
the Court in reference to such application shall be to cause
publication thereof to be made by advertisement in such manner as
the Court shall direct; and when and so soon as the Court shall
make a rule, order, or decision as to the sufficiency of the title
of the person applying for a declaration thereof as aforesaid, the
Court shall cause such order or decision to be published in such
manner as the Court shall direct; and such declaration shall not be
signed by the judge until after the expiration of three calendar
months from the first publication hereintofore mentioned, and of one
calendar month after the publication of such rule, order, or
decision provided that no appeal shall lie from the declaration of
title when signed by the judge and registered as aforesaid.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 53
Power of Court to sell, and proceedings thereon.

53. If, upon any application for a sale, conveyance to a vendee,
or declaration under this Act, or the execution of any decree or
order for a sale directed by the Court of Chancery or Bankruptcy
in Ireland respectively, or upon any information or evidence which
may be received by and produced to the judge in relation to the
matter of such application or reference, it shall appear to the
judge that a sale or conveyance of the land to which the
application, decree, or order may relate, or any part thereof, or
conveyance to a vendee or declaration of title, may be found
expedient, he shall direct notices to be given to such persons and
in such manner as he shall think fit, and shall, where any parties
interested in the land apply to the Court for that purpose, hear
such parties, by themselves, their counsel or solicitors, and shall,
so far only as may be necessary to enable him to determine
whether, under all the circumstances, it is expedient that a sale
of all or any part of the land should be made, or conveyance to
a vendee be executed, or a declaration of title should be made,
investigate the title and the incumbrances affecting the land, and
the state and circumstances of the land; and, according as it shall
seem so expedient to the judge, it shall be lawful for him, at
his discretion, to make or refuse an order for the sale of all or
any part of such land, or for a conveyance to such vendee, or a
declaration of title accordingly, in manner aforesaid; or, if he see
fit, he may dismiss any original application in such matter, or
report or certify the insufficiency of the title to the Court of
Chancery or Court of Bankruptcy in manner aforesaid.Sale may be made
subject to annual charge or apportioned part thereof.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 54
Court to ascertain tenancies, right of common, &c.

54. Where a sale shall be made, or a conveyance executed, or a
title declared under this Act, the judge shall, when and so far as
he may deem necessary for the purpose of such sale, conveyance, or
declaration, ascertain the tenancies of the occupying tenants, and of
any lessees or under-lessees whose tenancies, leases, or under-leases
and other such rights as aforesaid affect the land or part thereof
to be sold, conveyed, or to be the subject of such declaration,
and the rights of persons claiming right of common, rights of way,
or other easements in such lands, and shall also ascertain the
boundaries thereof, and may give such notices and make or cause to
be made such inquiries as he may think necessary for ascertaining
and securing the rights of such tenants, lessees, under-lessees, or
persons having such easements as aforesaid, and for ascertaining the
boundaries of such lands; and all occupying tenants, and all persons
being or claiming to be lessees or under-lessees as aforesaid, or
claiming such right of common, right of way, or other easement,
shall, at such times and places as the judge may by his notices
require, produce all leases, under-leases, agreements in writing, or
deeds or instruments under which such tenant or person occupy or
claim to hold, or such persons claim such easements, if such
leases, under-leases, or agreements, or counterparts thereof, or such
deeds or instruments, be in their possession or power; and where
they occupy or claim to hold under leases, under-leases, or
agreements in writing not in their possession or power, or under
parol agreements or lettings, they shall deliver, at such times and
places as aforesaid, particulars of the terms and conditions upon
and subject to which they occupy or claim to hold; and such
persons as may claim right of common, right of way, or other
easements, or who may dispute such alleged boundaries, shall also in
like manner deliver particulars of such rights or such grounds of
objection to such boundaries, and shall sustain such claims or
objections; and the sale, conveyance, or declaration shall be made
subject to the tenancies, leases, or under-leases, rights of common,
rights of way, or other easements, and to such boundaries
ascertained as aforesaid, and subject to which the owner,
incumbrancer, or other person applying for a sale, conveyance, or
declaration under this Act shall be owner or incumbrancer, and such
other of the tenancies, leases, and under-leases, or easements,
ascertained as above, as shall appear to the said judge to have
been granted bona fide by the owner or person in possession or in
receipt of the rents and profits, and subject to which it shall
appear to the said judge the sale, conveyance, or declaration should
be made, save such (if any) of such respective tenancies, leases,
and under-leases as, with consent as herein-after mentioned, shall be
included in such sale, and, where the said judge shall think fit,
be made subject to any leases, under-leases, or tenancies, according
to any general description, or subject to any condition concerning
any leases, under-leases, or tenancies, or easements, the nature of
which shall not have been ascertained or shall be disputed; and the
decision of the said judge in relation to such claim under leases
or of easement, or in relation to such boundaries, shall be final
and conclusive as to all persons whatsoever, but subject to the
appeal hereby provided from the orders of the judges; and when the
said judge shall think fit, such sale, conveyance, or declaration
may be made subject to any annual charge affecting the land or
part thereof sold, or to any such apportioned part of such annual
charge as the judge may think fit should remain charged thereon;
and where such estate in land or part thereof is subject to any
incumbrance under the terms of which the incumbrancer cannot be
required to accept payment of the principal money before the
expiration of a term of years unexpired, such sale or conveyance
may, if the said judge think fit, be made subject to such
incumbrance; and the Court shall have power, upon any application
for sale, ... to sell and convey any land subject to any right,
title, or estate to or in dower, jointure, or annuity.

S.55 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 56
Purchase money to be paid into Supreme Court.

56. The purchase money in every case shall be paid [into the
Supreme Court of Judicature of Northern Ireland ("the Supreme
Court"), and] a certificate of such payment shall be endorsed on or
written at the foot of the conveyance or assignment by the judge
who shall execute the same; and on such payment ... the purchaser
shall be discharged from all liability in respect of the application
of the money so paid; and such certificate of the judge under the
seal of the Court shall be evidence of the payment.Incumbrancer
becoming purchaser may deduct the amount of his incumbrance from the
purchase money, with leave of Court.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 57
Persons interested may bid at sale, except petitioner, who may bid
by permission of the Court, and the person having carriage of sale,
&c.

57. Provided always, that it shall be lawful for any incumbrancer
on, or person otherwise interested in, any land or rentcharge, or
part thereof, (other than the incumbrancer or owner upon whose
application the sale has been ordered, or the person having carriage
of the sale, or attorney or solicitor of such incumbrancer or owner
as last aforesaid, or of the person having carriage of the sale,)
to bid at any public sale, and to become the purchaser at any
public sale or by private contract, in like manner as any person
not interested therein might bid and become the purchaser; and, by
leave of the said judge, it shall be lawful for the incumbrancer
or owner on whose application the sale has been ordered to bid and
become the purchaser; and where an incumbrancer on any land, or
part thereof, shall be the purchaser of such land, or part thereof,
the judge may, if he think fit, authorize such purchaser to retain
out of the purchase money the amount which might have been ordered
to be paid thereout in respect of such incumbrance in case the
whole purchase money had been paid [into the Supreme Court] under
this Act, or such sum on account of such amount as the judge may
think fit, and to pay the residue only of the purchase money [into
the Supreme Court]; and where, at the time of authorizing such
retainer as aforesaid, the said judge shall not finally have
ascertained and determined the priority and rights of such purchaser
in respect of his incumbrance, or the amount which he would be
entitled to be paid in respect thereof out of the purchase money,
such retainer shall be without prejudice to the power of the said
judge to require such purchaser to pay [into the Supreme Court] the
whole or any part of the amount so retained which ought to be
paid by him; and the said judge shall withhold his certificate of
payment herein-before mentioned until he shall be satisfied that the
full purchase money, less the amount which such purchaser would be
entitled to be paid in respect of his incumbrance, has been paid
[into the Supreme Court].

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.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 59
Where sale of undivided share is applied for, the Court may include
the other undivided share at the instance of owner or incumbrancer.

59. Where there is or shall be an application to the Court for
the sale of any undivided share of any land, it shall be lawful
for the Court, where it shall see fit so to do, upon the
application of the owner of any other undivided share or shares of
the same land or lease, (and although such other undivided share be
not subject to any incumbrance), or on the application of any
incumbrancer on such other undivided share or shares, to include the
same share or shares, upon such terms as it shall see fit, with
the share so proposed to be sold as aforesaid; and in every such
case the Court shall apportion the purchase money among the owners,
according to their respective shares so sold, and shall apportion
the expenses as they may see fit.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 60
Court may order conversion of leaseholds in perpetuity into fee farm
under 1849 c.105.

60. Where the Court has ordered or shall order the sale of any
lease in perpetuity, it shall and may be lawful for the Court, if
it shall think it expedient so to do, to cause the same to be
converted into a fee farm under the Renewable Leasehold Conversion
Act, and for that purpose to cause notice to be given to the
owners or other person interested in the reversion or any person on
behalf of such owner or other persons, or any person deemed owner
under the provisions of the Leasehold Conversion Act; and the Court
may thereupon proceed to convert such lease in perpetuity into a
fee farm grant, according to the principles prescribed in the
Renewable Leasehold Conversion Act, but the procedure in relation
thereto shall be according to the general rules and practice of the
said Court; and in case such conversion shall be ordered, the Court
shall have power to convey the land included in such lease to the
purchaser in fee, subject to the fee-farm rent to be ascertained as
aforesaid, and to such exceptions, reversions, covenants, and clauses
as shall be in conformity with the original lease, and the
provisions of the Renewable Leasehold Conversion Act; and thereupon
the owner of the immediate reversion expectant on the said lease in
perpetuity for the time being shall have the same rights and
remedies against the purchaser, his heirs, executors, administrators,
and assigns, and against the land, by action, distress, entry, or
otherwise, in respect of such rent, and of any exceptions,
reservations, covenants, and clauses contained in the said deed, as
belong by law to the owner of any fee-farm rent created under the
said Acts.Conveyance of a lease, rentcharge, annuity, or partial
estate, to pass estate created by the instrument purporting to grant
the same, &c.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 61
Conveyance to purchaser to pass fee, subject to tenancies, &c.
therein mentioned, but discharged from all other estates and
incumbrances.

61. Every such conveyance executed as aforesaid by the said judge
purporting to pass an estate in fee simple shall be effectual to
pass the fee simple and inheritance of the land, subject to such
charges, tenancies, rights of common or other easements, leases, and
under-leases, as may be expressed or referred to therein as
aforesaid but, save as aforesaid, and as herein-after provided,
discharged from all former and other estates, rights, titles,
charges, and incumbrances whatsoever of Her Majesty, and of all
other persons whomsoever; and every such conveyance or assignment
executed by the said judge upon the sale of a lease or rentcharge,
or an annuity charged on land, or any partial or lesser estate
than an estate in fee simple, shall be effectual to pass the
estate created or agreed to be created by such lease, then
remaining unexpired, or by the instrument creating such lesser or
partial estate, rentcharge, or annuity, but subject as to such lease
to the rent and covenants annexed to the reversion expectant on the
determination of such lease, and, as to such instrument creating
such rentcharge, annuity, or partial or lesser estate, subject to
such tenancies, rights of common or other easements, leases and
under-leases, as shall be expressed or referred to in such
conveyance or assignment, but save as aforesaid, and as herein-after
provided, discharged from all rights, titles, charges, and
incumbrances whatsoever affecting the leasehold estate or interest,
rentcharge, annuity, or partial or lesser estate: Provided always,
that where any land or lease, or part thereof, shall be sold and
conveyed or assigned subject to any annual charge or apportioned
part thereof, such annual charge or such apportioned part thereof
(as the case may be) shall remain and be charged on and payable
out of such land, or part thereof, as in the conveyance or
assignment shall be expressed.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 62
Conveyance, &c. not to affect tithe rentcharges, Crown rents, &c. or
charges made by virtue of 1842 c.89, and 1847 c.32, except where
Court thinks fit to redeem Crown rents, &c.

62. Provided always, that any conveyance, assignment, or declaration
of title under this Act shall not prejudice or affect rentcharge in
lieu of tithes, Crown rent, or quit rent charged upon or issuing
out of any land, or any charge made by virtue of the Drainage
(Ireland) Act, 1842 and the Acts amending the same, or by virtue
of the Landed Property Improvement (Ireland) Act, 1847, save where
the said Court shall think fit to redeem... the Crown rents or
quit rents, or any part thereof, or to pay off or redeem the
charges under the said Acts or either of them, under the power
herein-after contained, and shall express in such conveyance or
assignment that the land conveyed or assigned thereby is so conveyed
or assigned discharged of all Crown rents or quit rents or charges
under the said Acts or either of them, as the case may be; and
in such case such land shall be so discharged accordingly: Provided
always, that in every case in which application shall be made to
the Court for the sale or conveyance of, or declaration of title
to, the fee simple of any land or hereditaments, the judge, before
making any final order for such sale, conveyance, or declaration,
shall be satisfied that one calendar month's previous notice in
writing of such application has been given to the Commissioners of
Woods, on behalf of Her Majesty, stating full particulars of the
land or hereditaments for the sale or conveyance of or declaration
of title to which application has been or is intended to be made,
and of any rent payable to Her Majesty in respect of the same.

S.63 rep. by 1969 c.30 (NI) s.132 sch.6

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 64
Application of purchase money.

64. The Court shall, out of the purchase money to be received on
any sale under this Act, where any sale has been made in any
matter of a petition filed in the said Court, allow and pay such
costs of and consequential on the application for the sale and the
expenses of and incidental to the sale, according to the provisions
contained in the twelfth section of the statute of the sixteenth
and seventeenth of the reign of Her Majesty, chapter sixty-four; and
the surplus of such purchase money, after payment of such costs and
expenses, shall, under the order of the Court, be applied in or
towards payment or satisfaction of the incumbrances or charges, if
any, which affect such land, or part thereof, according to their
priorities, and shall, subject as aforesaid, be paid to the owner
where such owner was absolutely entitled thereto, or, where not so
entitled, be laid out in the purchase of land, which shall be
limited and settled to the same uses, upon the same trusts, for
the same purposes, and in the same manner, as the land or part
thereof sold stood settled or limited to, or such of them as shall
be then subsisting or capable of taking effect; and until such
money can be so laid out, it may, under such order as aforesaid,
be transferred or paid over to the trustees to be appointed or
approved by the Court for the purpose of being so laid out as
aforesaid, with such power for the investment thereof in Government
stocks, funds, or securities in the meantime, and such directions
for the payment of the income of such investments in the manner in
which the rents of the land to be purchased would be applicable,
as the Court shall think fit: Provided always, that if by mistake
or otherwise any purchase money shall, under the provisions
aforesaid, have been paid to any person or persons as being the
person or persons absolutely entitled thereto when he or they were
not so entitled, such money shall be deemed to have been paid to
him or them upon an express trust to invest the same in the
purchase of lands to be settled to the uses and upon the trusts
to and upon which the lands sold stood limited, settled, and
assured at the time of the sale.

S.65 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 66
Power to appoint, change, or remove trustees.

66. Whenever in the course of proceedings in any petition matter
pending before the Court it shall appear expedient to appoint,
change or remove trustees, it shall and may be lawful for the
judge to make such orders and give such directions in reference to
such appointment, change, or removal, and in reference to the
vesting property in new trustees, as [the High Court] is empowered
to make under the authority vested [in it] for such purposes by
the Trustee Act, 1850, and also by the Trustee Act, 1852, and by
any other Act which may be passed in relation to trustees.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 67
Provision for future appointments of new trustees.

67. Whenever the Court shall appoint or direct the appointment of
trustees for any of the purposes of this Act, it shall be lawful
for the judge to make or to direct to be made such provision as
he shall think fit for the appointment of new trustees on any
event to be determined by the Court.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 68
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.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 69
No payment, not being in full, to affect right of incumbrancer for
balance; and no payment in respect of any incumbrance to impair
remedy over.

69. Provided always, that no payment under this Act towards
discharge of what shall be due on any incumbrance or charge, not
being payment in full, shall prejudice or affect any right or
remedy of the incumbrancer or the person entitled to the charge in
respect of the balance, otherwise than against the land, or part
thereof, sold under this Act; and no payment under this Act for or
in respect of any incumbrance or charge shall impair any right or
equity of any persons out of whose estate such payment shall be
made to be reimbursed or indemnified by any person or out of any
other land or estate, except so far as the Court under any special
circumstances shall order.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 70
Power to Court to order money to be paid into Court.

70. Where any money arising from a sale under this Act is not
immediately distributable, or the parties entitled thereto cannot be
ascertained, or where from any other cause the Court may think it
expedient for the protection of the rights and interests therein,
the Court at its discretion, may order such money, or any stocks,
funds, or securities in which the same may have been invested under
this Act, to be [paid into the Supreme Court or (where the case
may require) the Supreme Court of Judicature of England], in the
matter of the parties interested in the same, to be described as
the Court shall think fit and direct, in trust to attend the
orders of such Courts respectively; and the Court may by its order
declare the trust affecting such money, stocks, funds, or securities,
so far as it may have ascertained the same, or state (for the
information of the respective courts) the facts or matters found by
it in relation to the rights and interests therein; [and the High
Courts of Justice], in England and Ireland respectively, may make
such orders and give such directions in relation to any such
moneys, stocks, funds, or securities as shall be so [paid into]
such respective Court, as such Court or judge respectively might
make or give in relation to any trusts, moneys, stocks, or
securities paid in, transferred, or deposited under [section 63 of
the Trustee Act 1925 or section 63 of the Trustee Act (Northern
Ireland) 1958].

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 71
Lands included in different applications, and different interests in
the same lands may be included in the same sale.

71. Where there shall be separate applications to the Court for
sales under this Act of any land and of any lease in the same
land, or there shall be such applications for sales of different
undivided shares of any land or lease, it shall be lawful for the
Court, where they shall see fit so to do, to include, with the
consent of the persons by whom such respective application may be
made or prosecuted, and of any other persons whose consent the
Court may under the circumstances think fit to require, in the same
sale, upon such terms as they think fit, such land or lease, or
such leases, or such several undivided shares as aforesaid; and
where there shall be separate applications for sales under this Act
of any land, and of any lease in other land, or if different
lands or leases in different lands, it shall be lawful for the
Court, where, from the lands being intermixed, or from other
circumstances, it shall appear to them convenient so to do, to
include, with such consent as aforesaid, such land or lease, or
lands or leases, in the same sale, upon such terms as it may
think fit; and where any land, or part thereof, subject to any
incumbrance, is proposed or ordered to be sold under this Act, it
shall be lawful for the Court, upon the application of the owner
of any lease or under-lease, or estate in reversion, or other
estate or interest whatsoever in the same land, (and although such
lease, under-lease, estate in reversion, or other estate or interest
be not subject to any incumbrance, or would not, if subject to any
incumbrance, be subject to be sold under an order of the Court
under the provisions herein-before contained,) or upon the application
of any incumbrancer on any such lease, under-lease, estate, or
interest, to include the same, upon such terms as they may see
fit, in the sale of the land or lease, or part thereof, so
proposed or ordered to be sold as aforesaid; and all the provisions
of this Act applicable to any land subject to any incumbrance, and
ordered to be sold under this Act, and to any incumbrance or
charge upon such land, and the purchase money arising from the sale
thereof, and to the conveyance or assignment thereof, shall, so far
as circumstances admit, extend and be applicable to every such
lease, under-lease, estate in reversion, or other estate or interest
to be so included in the sale; and in every such case as
aforesaid the judge shall apportion the purchase money and expenses
as he shall see fit.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 72
If land sold be subject to a lease, &c. comprising other land, or
if part of lease in perpetuity, &c. to be sold, Court may
apportion the rent.

72. If any land to be sold under this Act shall be subject to a
lease or under-lease for years or lives comprising other land at an
entire rent, it shall be lawful for the Court to apportion the
rent between the land to be sold and the remainder of the land
subject to such rent; and where it is intended to sell under this
Act a part only of any lease in perpetuity or other lease, it
shall be lawful for the Court, where it shall think fit, and
(having regard to the rights and interests of the owner of the
reversion) it shall appear to the Court just so to do, to
apportion the rent reserved by such lease between the land to be
sold and the remainder of the land; and the Court shall direct
notices of any such intended apportionment as aforesaid to be given
to such persons and in such manner as it shall think fit, and
shall hear such parties as shall apply to them in relation thereto;
and after such apportionment, and after the sale shall be completed,
the owners of the reversion in the respective lands shall have the
like remedies for the apportioned rents against the lands out of
which the same shall be payable, and the owners and occupiers
thereof respectively, as were subsisting for the entire rent before
such apportionment; and all the covenants, conditions, and agreements
of every lease or under-lease, except as to the amount of rent to
be paid, shall, as regards the apportioned parts, remain in force
in the same manner as they would have done in case no such
application had taken place: Provided always, that the enactment in
this section shall be deemed to apply to any rent reserved upon a
lease, where the Court shall have sold or shall sell the reversion
expectant upon such lease at different times or in different lots.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 73
Provision for persons under disability.

73. Where any person who (if not under disability) might have made
any application, given any consent, done any act, or been party to
any proceedings under this Act, shall be a minor, idiot, lunatic,
..., the guardian, committee of the estate, ... respectively of such
person may make such applications, give such consents, do such acts,
and be party to such proceedings, as such persons respectively, if
free from disability, might have made, given, done, or been party
to and shall otherwise represent such person for the purposes of
this Act; ...: Provided always, that where there shall be no
guardian or committee of the estate of any such person as aforesaid
being infant, idiot or lunatic, or where any person the committee
of whose estate, if he were an idiot or lunatic, would be
authorized to act for and represent such person under this Act,
shall be of unsound mind, or incapable of managing his affairs, but
shall not have been found idiot or lunatic under an inquisition, it
shall be lawful for the Court to appoint a guardian of such person
for the purpose of any proceedings under this Act, and from time
to time to change such guardian; ....

Ss.74, 75 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 76
Proceedings not to abate by death, &c.

76. Proceedings under this Act shall not abate or be suspended by
any death or transmission or change of interest; but in any such
case of death or transmission or change of interest, it shall be
lawful for the Court, where it shall see fit, to require notices
to be given to persons becoming interested, or to make any order
for discontinuing, suspending or carrying on the proceedings, or
otherwise in relation thereto, which to it may appear just.

Ss.77, 78 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 79
On application for sale of an undivided share, or after sale, Court
may, on application of party interested, make order for a partition.

79. Where an application shall be made for a sale under this Act
of an undivided share of any land, or where any such undivided
share shall have been sold under this Act, and, either before or
after the conveyance or assignment thereof under this Act, the
Court, on the application of any party interested in such undivided
share, or of the purchaser, (as the case may be,) and after
causing to be given such notices to the owner or owners of the
other undivided share or shares of the same land or lease as it
may think fit, and hearing such parties interested in the respective
shares as may apply to it, and making or causing to be made such
inquiries as may enable it to make a just partition, may, if it
shall think fit, make an order under its seal for the partition of
such land; and in such order, or in a map or plan annexed
thereto, shall be shown the part allotted in severalty in respect
of each of the undivided shares in such land; and the Court shall
have the like authorities, jurisdiction, and power in relation to
such partition under the direction of such Court; and the part so
allotted in severalty in respect of each such undivided share by
such order for partition as aforesaid 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 undivided share in respect of
which the same is so allotted would have stood limited or been
subject to in case such order had not been made; and the like
order for a sale of the part allotted in respect of the undivided
share to which the application for the sale shall relate may be
made (where the order for partition is made before the sale), and
the like proceedings had in relation to such sale, and the like
conveyance or assignment may be made of the part allotted in
respect of the share sold (where the order for partition is made
after sale, and before conveyance or assignment), and with the like
consequences in the several cases aforesaid, as if the application
for a sale, or the sale, (as the case may be,) had been in
respect of the part so allotted as aforesaid; and where any land
or lease, or part thereof, to be sold under this Act, is subject
to any lease, under-lease, or tenancy, under which the lessees,
under-lessees, or tenants hold jointly, or as tenants in common, it
shall be lawful for the Court, on the application of any such
lessee, under-lessee, or tenants, and after causing to be given such
notices as it may think fit, and hearing such parties as may apply
to it, and making such inquiries as it may think necessary, to
make an order under its seal for the partition, as between such
lessees, under-lessees, or tenants, of the land included in their
lease, under-lease, or tenancy, and for the apportionment of the
rent reserved or payable under such lease, under-lease, or tenancy;
and after such order of partition the owner of the reversion in
the respective parts of the land shall have the like remedies for
the apportioned rents against the respective parts out of which the
same shall be payable, and the lessees, under-lessees, or tenants
holding such respective parts under such lease, under-lease, or
tenancy, and such order of partition, as were subsisting for the
entire rent before such partition and apportionment; and all the
covenants, conditions and agreements of every such lease, under-lease,
or tenancy, except as to the amount of rent to be paid, shall, as
regards the respective parts allotted on such partition, and the
apportioned parts of the rent, remain in force as against the
respective lessees, under-lessees, or tenants to whom under such
partition such respective parts shall be allotted.

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.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 81
Partition may be made of land where shares are not subject to be
sold under this Act.

81. It shall be lawful for the Court, on the application of the
owners of the several undivided shares (not subject to be sold
under this Act, or as to which no proceedings for a sale under
this Act shall be pending,) or of any land in Ireland who shall
desire to effect a partition of such land, to make or cause to be
made such inquiries as the Court may think fit for ascertaining
whether such partition would be beneficial to the persons interested
in such respective shares; and in case the Court shall be of
opinion that the proposed partition would be beneficial, and that
the terms thereof are just and reasonable, it shall make an order
under the seal for such partition accordingly; and in such order,
or in a map or plan annexed thereto, shall be shown the part
allotted in severalty in respect of each such undivided share; and
the part so allotted in severalty in respect of such undivided
share by such order of partition shall, without any conveyance or
other assurance in relation thereto, go and enure to and upon the
same use, and be subject to the same conditions, charges, and
incumbrances, as the undivided share in respect of which the same
is so allotted would have stood limited or been subject to in case
such order had not been made.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 82
Exchanges may be made of lands not subject to be sold under this
Act.

82. It shall be lawful for the Court, upon the application of the
owner of lands in Ireland not subject to be sold under this Act
or as to which no proceedings for a sale under this Act shall be
pending, who shall desire to effect an exchange of such lands, to
make or cause to be made such inquiries as the Court may think
fit for ascertaining whether such exchange would be beneficial to
the persons interested in the respective lands; and in case the
Court shall be of opinion that the proposed exchange would be
beneficial, and that the terms thereof are just and reasonable, they
shall 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 upon such exchange would have stood
limited or been subject to in case such order had not been made.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 83
Division of intermixed land not subject to be sold under this Act.

83. It shall be lawful for the Court, upon the application of any
number of persons who shall be separately owners of parcels of land
for any estate in Ireland not subject to be sold under this Act,
or as to which no proceedings for a sale under this Act shall be
pending, so intermixed or divided into parcels of inconvenient forms
or quantity that the same cannot be cultivated or occupied to the
best advantage, but forming together a tract which may be divided
into convenient parcels, and who shall desire to have the whole of
such tract divided into convenient parcels, to be allotted in lieu
of the old parcels, to make or cause to be made such inquiries as
the Court may think fit, for ascertaining whether such proposed
division and allotment would be beneficial to the persons interested
in such lands; and in case the Court shall be of opinion that the
proposed division and allotment would be beneficial, it shall make
an order for the division and allotment thereof accordingly, with a
map or plan thereunto annexed, in which shall be specified as well
the parcels in which the several persons on whose application such
order shall have been made were respectively interested before such
division and allotment, as the several parcels allotted to them
respectively by such order; and the parcels of land taken under
such division and allotment shall go and enure to and upon the
same uses and trusts, and be subject to the same conditions,
charges, and incumbrances, as the several lands which the persons
taking the same shall have relinquished or lost in such division
would have stood limited or been subject to in case such order had
not been made.

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.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 85
Conveyances, assignments, declarations, and orders for partition,
exchange, or division and allotment, conclusive.

85. Every conveyance, assignment, and declaration respectively executed
as required by this Act, and every order for partition or for
exchange, or for division and allotment, made by the Court under
its seal, shall for all purposes be conclusive evidence that every
application, proceeding, consent, and act whatsoever which ought to
have been made, given, and done previously to the execution of such
conveyance, assignment, or declaration, 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, declaration, or order shall be impeached by reason of
any informality therein; and every such order shall operate, and may
be registered in the office for registering deeds in Ireland, in
like manner as if conveyances by way of partition, exchange,
division, or allotment had been executed for such purposes.

S.86 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 87
Rights of purchaser against tenants.

87. Where any conveyance or assignment has been made before the
passing of this Act by the Commissioners for the Sale of Incumbered
Estates in Ireland, or shall hereafter be made by the Court,
subject to any lease, under-lease, or tenancy, such conveyance or
assignment shall be deemed to afford conclusive proof that the
estate or interest purporting to be conveyed or assigned thereby is
the reversion expectant upon such lease, under-lease, or tenancy; and
it shall not be necessary in any action arising out of or
connected with such lease, under-lease, or tenancy, or in any
pleadings in such action, to allege or prove the title of such
reversion prior to the said conveyance or assignment; and the person
to whom such conveyance or assignment is made, his heirs, executors,
administrators, and assigns, and every of them, shall and may have
and enjoy the like advantages against the lessees, under-lessees, and
tenants, their heirs, executors, administrators, assigns, and
under-tenants, and against all other persons in possession or
occupation of the land comprised in such conveyance or assignment,
by distress or by entry for nonpayment of rent or for doing of
waste or other forfeiture, and also shall and may have and enjoy
like advantages and remedies by action for not performing other
conditions, covenants, and agreements contained in such lease or
under-lease or in the parol agreement for such tenancy, against the
said lessees, under-lessees, and tenants, their heirs, executors,
administrators, and assigns, as the person granting such lease or
under-lease, or as the landlord entering into the agreement for such
tenancy, or his heirs, executors, administrators, or assigns, ought
to have had and enjoyed at any time or times, in like manner and
form as if the reversion in such land expectant on such lease,
under-lease, and tenancy had remained or continued in such person
granting such lease or under-lease, or as landlord entering into
such agreement.

S.88 rep. by SLR 1893. S.89 rep. by SLR 1893; 1978 c.23 s.122(2)
sch.7 Pt.I. S.90 rep. by 1946 c.13 (NI) s.16(3) sch.

LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 91
Extent of Act.

91. This Act shall except as far as the special provisions of the
same otherwise require, extend only to Ireland.

Schedule A rep. by 1978 c.23 s.122(2) sch.7 Pt.I

12. In the case of any petition for a sale presented after the
passing of this Act, the costs of the petitioner in respect of
such petition and of any proceedings thereunder shall not (unless
the Commissioners shall otherwise direct) be payable out of the
proceeds of the sale otherwise than in the same order of priority
in which the incumbrance of the petitioner shall be payable,
anything in the said recited Acts, or any rule or practice of the
Commissioners, to the contrary notwithstanding.