Landed Property (Ireland) Improvement Act 1860

Judge to make Charging Order.

XIX. Previously to making such Order, the Judge shall hear the Successor, or any Person appearing on his Behalf, and objecting that the Improvements have not been properly executed, or that the Money stated has not actually been expended in the Improvements, or if no Appearance is made on behalf of the Successor he shall require Proof of the Notice having been duly served: He may direct Inquiries to be made by Valuation Commissioners, Surveyors, or others as to the Execution of the Improvements and the Expenditure thereon, and may, if he thinks it just, disallow the whole or any Portion of the Expenditure; but if satisfied that the whole or any Portion of the Expenditure ought to be allowed, he shall make an Order specifying the Amount of Expenditure allowed, and charging the Lands mentioned in the Order with an Annuity of Seven Pounds Two Shillings for every One hundred Pounds of such Expenditure, and so in proportion for any less Sum, to commence from the Date of the Order, and to be payable for a Term of Twenty-five Years, on each Anniversary of such Date, to the Limited Owner, his Executors, Administrators, or Assigns.