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CHANCERY RECEIVERS (IRELAND) ACT 1856
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CHAPTER LXXVII.
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An Act to amend the Law and Practice of the Court of Chancery in Ireland in relation to the Appointment of Receivers over Real Estate, and to expedite the Sale of Estates in the said Court. [29th July 1856.]
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[Preamble.]
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Interpretation.
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1. The expression “the Court,” when used in this Act, shall mean “the Court of Chancery in Ireland,” and shall include the Chancellor, Master of the Rolls, and each of the Masters in Ordinary, acting within their respective jurisdictions; “suit” shall include “cause,” “petition,” and “matter.”
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Appointment of receivers over real estates for payment of charges thereon.
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2. When by the law or practice of the Court, or by any Act of Parliament, the Court is or shall be empowered to appoint a receiver over real estate for payment of any charge thereon, the Court in exercising such jurisdiction may have regard to the amount of the charge and of the rental of the estate, and also to the other remedies and securities (if any) possessed by the person entitled to the charge, and to the other circumstances of the case; and if the Court shall be of opinion that the appointment of a receiver is unnecessary or inexpedient, or would not be productive of substantial benefit to the person entitled to the charge, it shall be lawful for the Court to decline or postpone appointing a receiver; and the costs of any application for the appointment of a receiver shall be in the discretion of the Court.
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Limitation of power to appoint receiver.
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3. No receiver shall be appointed in respect of any judgment or judgment mortgage where the sum due on foot of such judgment shall not exceed one hundred and fifty pounds, nor where the rental of the estate over which the receiver is sought to be appointed shall not exceed one hundred pounds per annum: Provided, that nothing in this section contained shall prevent the making of any order to extend to a receiver already appointed.
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Saving of receivers for payment of tithes or tithe rentcharge.
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4. Nothing in this Act contained shall extend to affect the jurisdiction of the Court to appoint receivers for the payment of tithes or tithe rentcharge, but such receivers shall be appointed by the Court as if this Act had not passed.
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[S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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Power to Court to direct sale of any real estate at any stage of a suit.
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6. It shall be lawful for the Court in any suit pending or to be instituted therein in relation to any real estate, if it shall appear to the Court that it will be necessary or expedient that the said real estate, or any part thereof, should be sold for the purposes of such suit, to direct the same to be sold at any time after the institution of such suit; and such sale shall be as valid, to all intents and purposes, as if directed to be made by a decree or decretal order on the hearing of such suit, or at any other stage of the proceedings therein, and shall be carried out according to the course and practice of the Court, and according to such general orders as may from time to time be made by the Court for regulating such sales, and securing the title of the purchasers thereunder; and any party to the suit in possession of such estate, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser, or such other person as the Court shall direct.
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