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LANDED ESTATES COURT (IRELAND) ACT 1858 - SECT 71

Lands included in different applications, and different interests in the same lands may be included in the same sale.

71. Where there shall be separate applications to the Court for sales under
this Act of any land and of any lease in the same land, or there shall be such
applications for sales of different undivided shares of any land or lease, it
shall be lawful for the Court, where they shall see fit so to do, to include,
with the consent of the persons by whom such respective application may be
made or prosecuted, and of any other persons whose consent the Court may under
the circumstances think fit to require, in the same sale, upon such terms as
they think fit, such land or lease, or such leases, or such several undivided
shares as aforesaid; and where there shall be separate applications for sales
under this Act of any land, and of any lease in other land, or if different
lands or leases in different lands, it shall be lawful for the Court, where,
from the lands being intermixed, or from other circumstances, it shall appear
to them convenient so to do, to include, with such consent as aforesaid, such
land or lease, or lands or leases, in the same sale, upon such terms as it may
think fit; and where any land, or part thereof, subject to any incumbrance, is
proposed or ordered to be sold under this Act, it shall be lawful for
the Court, upon the application of the owner of any lease or under-lease, or
estate in reversion, or other estate or interest whatsoever in the same land,
(and although such lease, under-lease, estate in reversion, or other estate or
interest be not subject to any incumbrance, or would not, if subject to any
incumbrance, be subject to be sold under an order of the Court under the
provisions herein-before contained,) or upon the application of any
incumbrancer on any such lease, under-lease, estate, or interest, to include
the same, upon such terms as they may see fit, in the sale of the land or
lease, or part thereof, so proposed or ordered to be sold as aforesaid; and
all the provisions of this Act applicable to any land subject to any
incumbrance, and ordered to be sold under this Act, and to any incumbrance or
charge upon such land, and the purchase money arising from the sale thereof,
and to the conveyance or assignment thereof, shall, so far as circumstances
admit, extend and be applicable to every such lease, under-lease, estate in
reversion, or other estate or interest to be so included in the sale; and in
every such case as aforesaid the judge shall apportion the purchase money and
expenses as he shall see fit.

© 1858 Crown Copyright

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