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Power of Sale by the Paymaster, with the Direction of the Court of Chancery.
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XLIX. And be it enacted, That if any such Rent-charge shall be in arrear for the Space of Two Year next after any of the Days on which the same should be paid as aforesaid, then and in any such Case it shall be lawful for the said Paymaster for the Time being, after Notice to the Owner of such Land or his known Agent, and by Direction of the Commissioners of Her Majesty’s Treasury, to apply in a summary Manner to the Court of Chancery in Ireland for an Order for the Sale of all or a competent Part of the Lands so charged, and on satisfactory Proof being adduced that the said Rent-charge is so in arrear, then the said Court shall by Order authorize and direct the Paymaster of Civil Services, without any further Process, Writ, or other Proceeding, by Sale of the Lands liable to such Rent-charge, subject as herein-after mentioned, or a competent Part thereof, to raise such Sum of Money as shall be sufficient to repay all Monies due and in arrear at the Time of Sale in respect of such Rent-charge, and of any other Rent-charge charged on the said Lands under this Act, and the Value of the said Rent-charge or Rent-charges thereafter to become payable out of the Lands liable to such Rent-charge or Rent-charges under this Act (such Value to be ascertained in the same Manner as the Value of any Rent-charge to be redeemed as by this Act provided), and all Costs as between Solicitor and Client, and other Charges whatsoever attending such Sale and other Proceedings; and the Monies so raised shall be applied, first, in discharge of all Costs, Charges, and Expences as aforesaid; secondly, in and towards Reimbursement and Satisfaction of such Arrears and such Value of such Rent-charge or Rent-charges under this Act; and the Surplus (if any) of such Monies shall be paid either to the Owner for the Time being of the Lands sold and absolutely entitled thereto, or (in case such Owner shall be a Person having a Life Estate or other determinable Interest, or where, but for the Provisions of this Act, the said Lands could not have been sold,) then into the Bank of Ireland in the Name and with the Privity of the Accountant General of the Court of Chancery in Ireland, to be placed to his Account ex parte the said Paymaster, and pursuant to any Law or Orders for the Time being in force in that Behalf, and without Fee or Reward, such Money to be applied, under the Direction of the said Court (to be signified by any Order made upon Petition in a summary Way presented by the Persons who would have been entitled to the Rents and Profits of the said Land), in or towards the Discharge of any Debts or Incumbrances, or any Part thereof, affecting the said Land; or affecting other Land settled to the same or the like Uses, or upon the same or the like Trusts, or in or towards the Purchase of other Land, to be conveyed and Settled to and upon the same Uses, Trusts, Intents; and Purposes, and in the same Manner, as the Land sold; stood settled of limited to, or such of them as at the Time of such Sale were existing undermined and capable of taking effect; and in the meantime, and until any such Purchase, the said Money shall, by Order of the said Court, be invested by the said Accountant General, in his Name, in the Purchase of any Stocks, Funds, or Annuities transferable at the Bank of Ireland, the Dividends of the said Stocks, Funds, Or Annuities, until Sale thereof, to be paid from Time to Time by Order of the said Court to the Person who would for the Time being entitled to the Rents and Profits of the Land so to be purchased or settled.
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