Landed Estates Court (Ireland) Act 1858

JurisdictionIreland
Citation1858 c. 72
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Primo & Vicesimo Secundo. An Act to facilitate the Sale and Transfer of Land inIreland .

(21 & 22 Vict.) C A P. LXXII.

[2d August 1858]

'WHEREAS an Act was passed in the Session of Parliament holden in the Twelfth and Thirteenth Yearsof the Reign of Her present Majesty, intituledAn Act further to facilitate the Sale and Transfer of Incumbered Estates in Ireland: And whereas a certain other Act was passed in the Session of Parliamentholden in the Fifteenth and Sixteenth Years of the Reign of Her Majesty, intituledAn Act to continue the Powers of applying for a Sale of Lands under the Act for facilitating the Sale and Transfer of Incumbered Estates in Ireland: And whereas a certain other Act was passed in the Session of Parliament holden in the Sixteenth and Seventeenth Years of the Reign of Her Majesty, intituled An Actfor continuing and amending the Act for facilitating the Sale and Transfer of Incumbered Estates in Ireland: And whereas a certain other Act was passed in the Session of Parliament holden in the Eighteenthand Nineteenth Years of the Reign of Her Majesty, intituledAn Act to extend the Period for applying for a Sale under the Acts for facilitating the Sale and Transfer of Incumbered Estates in Ireland: And whereas a certain other Act was passed in the Session of Parliament holden in the Nineteenthand Twentieth Years of the Reign of Her Majesty, intituledAn Act to extend the Period for applying for a Sale under the Acts for facilitating the Sale and Transfer of Incumbered Estates in Ireland, and to amend the said Acts: And whereas it is expedient to create a permanent Court for the Sale and Transfer of Land in Ireland , whether the same shall be incumbered or unincumbered, and to invest the said Court with other and more extensive Powers than those conferred by the said recited Acts:' Be it therefore 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, as follows:

S-I Construction of certain Terms in this Act.

I Construction of certain Terms in this Act.

I. 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, orquasi 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;

And the Expression ‘Commissioners of Her Majesty's Treasury’ shall mean the Commissioners of Her Majesty's Treasury for the Time being, or such Members of them as are competent to perform Acts for the said Commission at large, or the Lord High Treasurer for the Time being;

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;

And the Words ‘Lord Chancellor’ shall mean as well the Lord High Chancellor ofIreland as the Lord Keeper or Lords Commissioners of the Great Seal for the Time being.

S-II Title of Court, and Place of Sitting.

II Title of Court, and Place of Sitting.

II. A Court is hereby constituted, to be called the ‘Landed Estates Court,Ireland ,’ with Power to exercise such Jurisdiction and Authority as herein-after provided, and to hold its ordinary Sittings at such Place or Places in the City of Dublin as the Lord Lieutenant of Ireland in Council shall from Time to Time appoint.

S-III First Judges of the Court.

III First Judges of the Court.

III. There shall be Three Judges of the said Court, andHenry Martley Esquire, Mountifort Longfield Esquire, LL.D., and Charles James Hargreave Esquire, shall be and are hereby constituted First Judges of the said Court.

S-IV Appointment of future Judges.

IV Appointment of future Judges.

IV. It shall be lawful for Her Majesty and Her Successors from Time to Time, when and as often as any Vacancy shall occur in the Office of any of the said Judges of the said Court herein-before named, or of any of their Successors for the Time being, by Death, Resignation, or Removal from Office, by Letters Patent under the Great Seal ofIreland , to appoint a fit Person, being a practising Barrister of at least Fifteen Years standing, who shall have actually practised Fifteen Years in Her Majesty's Superior Courts in Dublin , and shall not, at the Time of his Appointment to such Office, have retired from such Practice, to supply such Vacancy.

S-V Judges to hold Office during good Behaviour.

V Judges to hold Office during good Behaviour.

V. Each of the said Judges herein-before named, and every other Judge hereafter to be appointed by Her Majesty and Her Successors, under the Provisions of this Act, shall hold his Office during good Behaviour: Provided always, that it shall be lawful for Her Majesty to remove any such Judge from his Office upon an Address of both Houses of Parliament.

S-VI Oath of Judges.

VI Oath of Judges.

VI. Every such Judge as aforesaid shall, before executing any of the Duties of his Office, take the following Oath, which the Lord Chancellor ofIreland or the Master of the Rolls for the Time being is hereby respectively authorized and required to administer:

'IA. B. do solemnly and sincerely promise and swear, That I will duly and faithfully, and to the best of my Skill and Power, execute the Office of Judge of the ‘Landed Estates Court, Ireland.’

'So help me GOD.'

Every such Judge as aforesaid shall have Rank and Precedence next after the Puisne Judges of Her Majesty's Superior Courts of Common Law and the Judge of the Court of Probate inIreland .

S-VII Judges not to sit in House of Commons.

VII Judges not to sit in House of Commons.

VII. No Judge appointed under this Act shall, during his Continuance in such Office, be capable of being elected or of sitting as a Member of the House of Commons.

S-VIII Court to have a Seal.

VIII Court to have a Seal.

VIII. The said ‘Landed Estates Court,Ireland ,’ shall cause to be made a Seal for their said Court, and shall cause to be scaled therewith all Orders, Conveyances, and other Instruments made by or proceeding from the said Court in pursuance of this Act, and all such Orders, Conveyances, and other Instruments, or Copies thereof, purporting to be sealed with the Seal of the said Court, shall be received in Evidence without any further Proof thereof.

S-IX Officers to be appointed.

IX Officers to be appointed.

IX. There shall be One Registrar, One Taxing Officer, One Accountant for said Court, One Examiner for each Judge, and so many Clerks and other Officers for the said Court (save the Office of Master) as the Lord Chancellor ofIreland , with the Sanction of the Commissioners of Her Majesty's Treasury, may from Time to Time think fit.

S-X First Appointment of Officers.

X First Appointment of Officers.

X.Henry Carey Esquire, the present Secretary to the Court for the Sale of Incumbered...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT