|
|
In Ejectment for Nonpayment of Fee-farm Rent, Power to redeem given to certain Persons.
|
XXI. And be it enacted, That if in any Action of Ejectment brought on account of the Nonpayment of any Fee-farm Rent made payable by any such Grant as aforesaid, pursuant to the Statutes for the Time being in force in Ireland as to Actions of Ejectment for Nonpayment of Rent, Judgment be given for the Plaintiff, and Execution executed, and the Person who has made default in Payment of the Rent, or the Person who but for such Ejectment would for the Time being have been the Party to make the Payment from Time to Time thereafter becoming due, do not, within Six Calendar Months from the Time of such Execution executed, do such Acts or take such Proceedings as are or may be by Law necessary for the Redemption of the Lands from the said Judgment and Execution (all which Acts and Proceedings he is hereby authorized to do and take in the same Manner and with the same Effect to all Intents and Purposes as if he were the Tenant or Lessee of the Person causing such Ejectment to be brought), then and in every such Case it shall be lawful for the Owner of or any Person having an Estate or Interest in any Fee-farm Rent made payable by any such Grant as aforesaid out of the whole or any Part of such Lands, or for the Owner of or any Person having an Estate or Interest in the Lands out of which such Fee-farm Rent is payable, or any Part thereof, within Nine Calendar Months after such Execution executed, to do such Acts and take such Proceedings for the Redemption of the said Lands from the said Judgment and Execution, and for obtaining Relief in respect of the same, as under the Statutes last aforesaid any Mortgagee of a Lease might do or take for the Redemption of such Lease, or his Estate or Interest therein, from any Judgment and Execution in any Action of Ejectment for Nonpayment of Rent pursuant to such Statutes, and for obtaining Relief in respect of the same; and any Redemption made pursuant to such Statutes shall operate so as to restore all Estates and Interests in Rents or in Lands which shall have been defeated by the Entry or Ejectment; and when such Redemption as last aforesaid has been made, or when any such Redemption has been made under the Statutes aforesaid by any Mortgagee or any other Person, which Redemption he is hereby authorized to make, all Sums of Money paid or advanced on account thereof, and the Costs thereof, shall be and be deemed a Lien and Charge in favour of the Person paying the same, his Executors or Administrators, not only upon the Estate or Interest of the Person making such Default as aforesaid, but upon all the Inheritance in which such Estate or Interest is subsisting, in priority to all other Interests or Charges whatever upon such Inheritance, save and except any Charges created under the Acts relating to the Drainage of Lands or to the Improvement of Lands in Ireland; and such Sums of Money and Costs shall also be recoverable by the Person paying the same from the Person who has made such Default, or his Representatives, in and by an Action of Debt; and all Sums of Money paid and Costs incurred in respect of such Lieu or Charge by any Person damnified thereby shall also be recoverable by such Person from the Person who has made default, or his Representatives, in manner aforesaid; and it shall be lawful for any Person having the Benefit of such Lien or Charge, or damnified thereby as aforesaid, to apply by Petition in a summary Way to the Court of Chancery or the Court of Exchequer at the Equity Side thereof for the Appointment of a Receiver over such Estate, Interest, or Inheritance, and which Receiver it shall be lawful for the said Courts respectively to appoint and to continue until all such Sums of Money and Costs, with Interest, and the Costs of such Petition and of the Proceedings thereunder, are fully paid and discharged, and to make such Order in reference to such Petition as to such Courts respectively may seem fit.
|
