Agricultural Credit Act, 1929

Protection of minors and lunatics.

17.—(1) Where land is subject to a priority charge which is not a permanent improvement charge and a person entitled at the date of the registration of such charge in the Registry of Deeds to a puisne claim against such land is at the date of such registration under the age of twenty-one years, or of unsound mind, such person shall be entitled at any time after such registration but, in the case of a person under the age of twenty-one years at the time of such registration, not after he attains the age of twenty-five years, to obtain from the Circuit Court an order that the mortgagor do, by giving security, lodgment of money in court or such other means as shall be approved of by the Court, give to such person an indemnity which in the opinion of the Court adequately protects the puisne claim of such person against the said priority charge and that in default of the mortgagor giving such indemnity within three months after the date of such order the said land be sold by the Court and the proceeds of such sale be applied according to law and that in any event the costs of such person in relation to such order, the application therefor and all proceedings thereunder when taxed as between solicitor and client be paid by the mortgagor.

(2) An indemnity given by a mortgagor in pursuance of an order under the foregoing sub-section shall be enforceable, with the leave of the Circuit Court and in such manner as that Court shall direct, whenever the priority charge in respect of which such indemnity was given is enforced to the prejudice of the puisne claim for the protection of which such indemnity was given or in such other circumstances as in the opinion of the said Court render it just and equitable that such indemnity should be enforced.

(3) The rights and benefits conferred on any person by this section shall be in addition and without prejudice to any other rights or benefits to which such person may be entitled under this Act.

(4) No order under sub-section (1) of this section shall be granted without notice to the mortgagor unless the Court shall think proper to dispense with such notice.