Landed Property Improvement (Ireland) Act 1847

Proviso as to Sale of other Lands.

LI. Provided always, and be it enacted, That in any Case Where the Paymaster of Civil Services shall proceed to sell any Land as aforesaid, if the Owner of such Land shall be desirous that any other Land settled to the same Uses with the Land so improved shall be sold instead of the Land so improved, and such Owner shall be Tenant for Life or incapacitated otherwise from selling such Lands, it shall be lawful for such Owner to apply to the High Court of Chancery in Ireland by petition in a summary Way, praying that the Paymaster of Civil Services may be authorized or directed to make such Sale of any such Lands not liable to such Rent-charges; but settled to the same Uses as any Lands liable thereto as aforesaid, and thereupon it shall be lawful for the Court to make such Order authorizing or directing such Sale or otherwise as to the Court shall seem fit. Provided always, the Fourteen Days Notice in Writing of any such Application shall be given to the Person entitled to the Estate or Interest in the Lands proposed to be sold in remainder or reversion next expectant on the Determination of the Estate or Interest of the Owner whose Land shall be sold as aforesaid, or to the Guardian of such person being an Infant or to the Husband of such Person being a Feme Covert, Or to the Committee of such Person being a Lunatio; and Provided also that in case of any such Sale the a Owner shall give Notice to the said Paymaster of such his Application to the said Court as aforesaid, and it may be lawful for such Court, if it shall so think fit, to stay the Proceedings of the said Paymaster in respect to Sale of any Lands liable in the Rent-charge for a reasonable Time; and every Sale directed to be made by the said Court shall unless otherwise ordered by the said Court, be taken to be within the Provisions of this Act as to any Sale by the Paymaster, and the Purchase Money from such Sale shall be received and applied accordingly.