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COUNTY INFIRMARIES (IRELAND) ACT 1831
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CHAPTER XLVIII.
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An Act to amend an Act passed in the Parliament of Ireland in the Fifth Year of His Majesty King George the Third, for establishing Public Hospitals in Ireland. [15th October 1831.]
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[Preamble recites 50 Geo. 3. c. 103., and 7 Geo. 4. c. 74. (Gaols), and 1 & 2 Geo. 4. c. 33. (Lunatic Asylums).]
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Powers vested by recited Acts in commissioners for building gaols, and in commissioners of lunatic asylums, shall be vested in the governors of county infirmaries and hospitals for certain purposes;
and provisions of such Acts as to valuation of premises shall apply to valuation of lands for infirmaries, &c.
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1. All and every of the powers and provisions vested in the commissioners for building gaols in Ireland by the said recited Act of the fiftieth year of the reign of his late Majesty King George the Third, and by the said recited Act of the seventh year of his late Majesty King George the Fourth, and all the powers vested in the commissioners for the establishment of lunatic asylums in Ireland by the said recited Act of the first and second years of the reign of his said late Majesty King George the Fourth,[1]
shall be and are hereby vested in the governors of the several infirmaries and hospitals of the several counties and counties of cities and towns in Ireland, so far as the same relate to the holding the court, issuing warrants or precepts for juries, and to the valuation of the lands, tenements, and hereditaments on the site of which any infirmary or hospital shall or may have been or may be erected, regulated, or incorporated under and by virtue of any Act in force in Ireland, or which may be required for any addition to such infirmary or infirmaries or hospital or hospitals, or to the yards or grounds surrounding or adjoining the same; and all the provisions as to notices, proceedings, verdicts, judgments, conveyances, and inrolments, and all other matters relating to the valuation of premises in the said recited Acts mentioned, shall be held to apply to the valuation of lands, tenements, or hereditaments for the sites or additions of and to such infirmaries and hospitals; and such verdicts, judgments, and conveyances shall be binding and conclusive to all intents and purposes whatsoever.
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APPENDIX.
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[Enactments incorporated in 1 & 2 Will. 4. c. 48.]
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50 Geo. 3. c. 103.
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An Act for repealing the several Laws relating to Prisons in Ireland; and for re-enacting such of the provisions thereof as have been found useful, with Amendments.[1]
[20th June 1810.]
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Jury to be summoned if refusal made of selling, &c.
Jurymen may be challenged, but not the array.
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18. If any body or bodies politic or corporate, or other person or persons having or claiming to have any estate, title, term, or interest in or to such grounds, houses, tenements, edifices, erections, or buildings as aforesaid, or any charge, lien, or incumbrance thereon, shall refuse to agree with the said grand juries respectively, for the sale and conveyance of their respective rights, terms and interests therein, or shall not produce or evince a clear title to such estate, rights, titles, terms, or interests as they shall or may so claim, or if the said grand juries respectively shall be ignorant who are entitled to the same, then and in every or any such case it shall and may be lawful to and for the said commissioners, and they are hereby empowered and authorized from time to time to issue a warrant or warrants, precept or precepts, to the sheriff of the county, county of a city, or county of a town, who is hereby authorized, directed and required accordingly to empannel, summon, and return a competent number of substantial persons, qualified to serve on juries not less than sixty, out of which persons so to be empannelled, summoned, and returned, a jury of twelve persons shall be drawn, by some person to be by the said commissioners appointed, in such manner as juries for the trials of issues joined in His Majesty’s Four Courts at Dublin, by an Act made in Ireland in the twenty-ninth year of His late Majesty King George the Second, intituled, “An Act for the better regulating juries,” are directed to be drawn, which persons so to be empannelled, summoned, and returned as aforesaid, are hereby required to come and appear before the said commissioners, at such time and place as in such warrant or warrants, precept or precepts, shall be directed and appointed, and to attend the said commissioners, till discharged by them; and all persons concerned shall and may have their lawful challenges against any of the said jurymen, but shall not be at liberty to challenge the array.
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On default of twelve jurors, others summoned.
Liberty of calling witnesses.
Commissioners may authorize jury to view grounds, &c.
Power of adjournment.
Notice to be given.
Judgments to be written on parchment.
Proceedings to be registered.
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19. In all cases of trials by juries before the said commissioners, where a full jury shall not appear before them, or where after the appearance of a full jury it shall so happen, either by means of challenges or otherwise, that there shall be a default of twelve jurors for such trial, it shall and may be lawful to and for the said commissioners, to command the sheriff of the county, county of a city or county of a town, to empannel so many other persons as shall make up a full jury of twelve men, which persons so to be empannelled shall be added to the former pannel; and all parties interested in such trials shall have their challenges to the jurors so added to the former pannel as if they had been originally summoned; and the said commissioners are hereby authorized and empowered by precept or precepts, from time to time, as occasion shall require, to call before them all and every person and persons whatsoever who shall be thought proper or necessary to be examined as a witness or witnesses before them, on their oath or oaths, touching or concerning the premises; and the said commissioners, if they shall think fit, shall and may likewise authorize and require the said jury to view the said grounds, houses, tenements or buildings intended to be valued or purchased; and the said commissioners shall have power to adjourn such meeting from day to day and place to place, as occasion shall require, and to command such jury, witnesses and parties to attend, until the business for which they shall be so summoned by virtue of this Act shall be concluded; and the said jury shall upon their oaths (which oaths, as also the oaths to such person or persons as shall be called upon to give evidence, the said commissioners are hereby required and empowered to administer) fairly, truly and impartially inquire of the value of such grounds, houses, tenements, and buildings, and of the respective estate, right, title, term, and interest of every person or persons seised or possessed thereof, or interested therein, or of or in any part thereof, and shall assess or award the sum or sums to be paid to every such person or persons for the purchase of such their respective estates, rights, titles, terms, and interests, and shall also enquire, ascertain and find all and all manner of charges and incumbrances and liens thereon, and the amount of the sum or sums due thereon respectively, and what estate and estates therein are subject to any such lien or charge; and the said commissioners shall and may give judgment for such sum and sums so to be assessed as and for the value of the said several estates in the said lands, tenements, and hereditaments, and for the payment thereof respectively in manner herein-after mentioned; which said verdict or verdicts, and the said judgment, decree or determination thereupon (notice in writing being first given to the person or persons interested, at least fourteen days before the time of the first meeting of the said jury, declaring the time and place of such meeting of the commissioners and jury, by leaving such notice at the dwelling-house of such person or persons, or at his, her, or their usual place or places of abode, or with some tenant or occupier of the houses, buildings or ground intended to be valued or assessed, in case such party shall not be known or cannot be found in the county, county of a city or county of a town, and also in the “Dublin Gazette”) shall be binding and conclusive to all intents and purposes whatsoever, against all bodies politic or corporate, infants, lunatics, idiots, femes covert, and persons under any legal disability, and against all and every person and persons whatsoever, his, her, or their heirs, successors, executors, and administrators having or claiming to have or claim any estate, right, trust, use, or interest in, to, or out of the said grounds, houses, tenements, buildings and premises, either in possession or reversion, remainder or expectancy, or in any manner whatsoever, or any charge, lien, or incumbrance thereon; which said verdicts, judgments, and decrees, and all other proceedings of the said commissioners, and such judgments to be made, given and pronounced as aforesaid, shall be fairly written on parchment, and signed and sealed by the major part of the said commissioners who were present and pronounced such judgments and decrees; and all verdicts of the said juries, and all judgments, decrees, orders and other proceedings of the said commissioners, shall be entered in the Rolls Office of His Majesty’s High Court of Chancery in Ireland, and the same or true copies thereof shall be deemed and taken to be good evidence thereof in any court of law or equity whatsoever.
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Conveyance to be made on payment.
When titles not clear, &c purchase money may be lodged in the Bank of Ireland.
Court of Chancery to determine claims.
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20. Upon payment of such sum and sums of money so to be awarded and adjudged as follows; (that is to say,) first, in or towards the payment and discharge of the sums due on the said charges, incumbrances and liens, if any so found, to affect the several estates therein respectively, and then to the owners of the said estates respectively, if any shall remain for that purpose, that the person or persons who shall be so found and adjudged to be the owners of the said several estates of and in the said grounds, houses, tenements, or buildings respectively, and also the owners of the said incumbrances, charges and liens respectively, shall make and execute or procure to be made and executed to the said commissioners and their heirs and successors a good and sufficient conveyance or conveyances, thereby granting, releasing, or assigning to them the said grounds, houses, tenements or buildings, and all such estate, right, title, term, or interest therein, or charge, incumbrance or lien thereon so awarded as aforesaid; and in case such person or persons shall not be able to evince his, her or their title to the premises, or to any such charge, incumbrance or lien thereon, or make or procure to be made such valid and legal conveyance or conveyances thereof, or shall refuse so to do being thereunto required, and such sum or sums so assessed and awarded as aforesaid, being tendered to be paid in manner aforesaid, on their making such title and executing or procuring to be executed such conveyance or conveyances as aforesaid, or in case such person or persons cannot be found in the said county, or in case, by reason of disputes or differences or for defect of evidence, it shall not appear to the said commissioners or jury what person or persons is or are entitled to the premises in question, or to any charge, incumbrance or lien thereon, or whether any charge, incumbrance, or lien appearing to them by the registry or otherwise to have existed, remains either in the whole or in part in force or undischarged, then and in every such case as aforesaid, it shall and may be lawful to and for the said commissioners to pay into and deposit in the Bank of Ireland, with the privity of the Accountant-General of the Court of Chancery of Ireland, the sum or sums so assessed or awarded as the value of and purchase money for the said grounds, houses, tenements and buildings, or any particular estate or interest therein; and the said Court of Chancery is hereby empowered in a summary way, upon the several petitions of the respective parties, to hear, judge of and determine, as well by examination, of witnesses upon oath as by all ways and means which the said court shall think proper, the several rights, claims and demands of all persons interested in or unto the several grounds, houses, tenements and buildings which shall be so valued and of which the price shall be so paid into the said bank, and also of all persons having or claiming to have any charge, incumbrance or lien thereon as aforesaid, and to ascertain and make orders for the payment unto such person and persons respectively, according to their several interests, estates and claims aforesaid, as the said Court of Chancery shall judge fit, without any deduction for poundage, which orders in such case shall be final and conclusive upon all persons and bodies whatsoever; and immediately upon such payments and entry of such verdicts of the said juries, and judgments, sentences, and decrees, orders and other proceedings of the said commissioners as aforesaid, the said grounds, houses, tenements, buildings and premises shall vest in the said commissioners and their heirs, and they shall be deemed in law to be in the actual seisin and possession thereof to all intents and purposes whatsoever, as fully and effectually as if every person having any estate in the premises in possession, remainder, reversion, or expectancy, or any charge, incumbrance or lien thereon, was of full age and of sound mind and memory, and had actually and duly conveyed the same to the said trustees by lease and release, bargain and sale inrolled, feoffment with livery and seisin, fine and recovery, or by any other legal conveyance whatsoever.
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Femes covert seized in fee simple, &c.
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21. In case any feme covert is or shall be seised in fee simple or in fee tail of any such lands, tenements, or hereditaments so to be purchased as aforesaid by the said commissioners, or of any interest in the same, or of any charge, incumbrance, or lien thereof, to her separate use, free from the control or intermeddling of her husband, the purchase money to which such feme covert shall become or be entitled as aforesaid, shall be paid to such person or persons as she shall in writing under her hand nominate to receive the same, in trust to be re-invested in lands, tenements, or hereditaments to be conveyed as aforesaid, and settled for such use, estate, and interest as the same feme covert had in the premises so purchased.
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Proviso.
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22. Provided nevertheless, that where any such charge, incumbrance, or lien shall also extend over and be a charge, incumbrance, or lien on any lands, tenements, or hereditaments other than those which shall be so conveyed to or vested in the said commissioners, then and in such case neither this Act nor any conveyance to be made as aforesaid, shall in any respect discharge, affect, or alter the force, validity, or effect of such charge, incumbrance, or lien so far as relates to such other lands, tenements, or hereditaments, but that as to all such the same shall continue to be a good, valid, and subsisting charge, incumbrance, and lien for so much thereof as shall remain unpaid, in the same manner in all respects as if this Act or any thing done under the same had not existed, but not further or otherwise.
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Conveyance inrolled six months after making effectually.
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23. The conveyance of any estate or interest to the said commissioners and their heirs and successors, by bargain and sale, and inrolled in the Rolls Office of His Majesty’s High Court of Chancery in Ireland, within six months after making thereof, shall as effectually and absolutely convey the estate of the person so conveying as any fine or recovery would or could do if levied or suffered in due form of law.
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Cenant at will, &c. to deliver up possession is herein.
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24. Every tenant at will or lessee for a year or from year to year only, in possession of any such grounds, houses, or buildings, or any part thereof, which shall be purchased as aforesaid, shall deliver up the possession of such premises immediately to the said commissioners, or to such person or persons as the said commissioners shall appoint to take possession of the same, in case the said commissioners, or such person authorized by them, shall pay or tender to him, her or them, six months rent of the said premises, at the rate payable by such tenant for his entire holding, or in case the said commissioners shall give him, her, or them six months notice to quit such possession of such part, in the same manner as the landlord of such tenant might give him notice to quit possession of the entire holding, then such person or persons in possession shall at the end of the said six months, at whatever time of the year the same shall be, or as soon after as he or they shall be required, peaceably and quietly deliver up the posssession of the said premises to the said commissioners, or to any other person or persons authorized by the said commissioners to take possession thereof; and that in case any such person or persons in possession as aforesaid shall refuse to give up possession as aforesaid, then it shall and may be lawful to and for the said commissioners to issue their precept or precepts to the sheriff or sheriffs of the county, county of a city, or county of a town, in which such tenements shall be, commanding him or them by virtue of this Act to deliver possession of the said premises to such person as shall in such precept or precepts be nominated to receive the same, and the said sheriff or sheriffs are hereby required to deliver such possession of the said premises accordingly.
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Costs, &c. to be paid by commissioners.
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25. All sums of money or other recompence, consideration, or satisfaction to be paid and made pursuant to any such agreement or verdict as aforesaid, and all such costs, charges, and expenses, as the said commissioners or their heirs or successors, or any of them shall be at, or put to, in the execution of the trusts and powers hereby vested in them, shall be paid by the treasurer of the county, county of a city, or county of a town, out of the sums so presented as aforesaid.
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Fine on sheriff, &c. making default as herein.
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26. It shall and may be lawful to and for the said commissioners, from time to time, to impose any reasonable fine not exceeding twenty pounds on any sheriff or sheriffs, or their deputy or deputies, bailiffs or agents respectively, who shall make default in the premises, and on any person or persons who shall be snmmoned and returned on any such jury or juries who shall not appear, and also on any witness or witnesses who shall not attend or shall refuse to be sworn or to give evidence to the said commissioners, or to any jury so empannelled before them, and on any person or persons summoned and returned on any such jury or juries who shall refuse to be sworn on any such jury or juries, or to give his, her, or their verdict, or shall in any other manner wilfully avoid or neglect his or their duty in or touching the premises, and from time to time to levy such fine or fines by order of the said commissioners, as the case may require, by distress and sale of the offender’s goods, together with the reasonable charges of every such distress and sale, returning the overplus (if any) to the owner; and all such fines which shall be so recovered and received shall be applied to the purpose of such presentment.
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1 & 2 Geo. 4 c. 33.
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An Act to make more effectual Provision for the Establishment of Asylums for the Lunatic Poor, and for the custody of Insane Persons charged with offences in Ireland.[1]
[28th May 1821.]
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Sheriffs to proceed in making valuations of premises, as they are empowered to do in cases of valuation of scites of gaols under 50 G 3. c. 103.
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9. It shall and may be lawful to and for the said commissioners to issue a warrant or warrants, or precept or precepts, to the sheriff of the county, or county of a city or county of the town wherein the lands, tenements, and hereditaments proposed to be purchased are lying and being; and such sheriff or sheriffs respectively shall thereupon proceed to take such steps for the valuation of such lands, tenements, or hereditaments, as are prescribed for the valuation of lands, tenements, or hereditaments taken for the scites of gaols, by virtue of an Act passed in the fiftieth year of the reign of His late Majesty King George the Third, intituled “An Act for repealing the several laws relating to prisons in Ireland, and for re-enacting such of the provisions thereof as have been found useful, with amendments,” or of any Act or Acts for amending the same.
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Persons to be appointed by commissioners, with consent of the lord lieutenant, to preside in court, to receive verdicts of juries in cases where questions of valuation are so referred.
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12. Provided always, that in every case, when a jury shall be impannelled and sworn for the valuation of any lands, tenements, or hereditaments rented or taken for the scite of any lunatic asylum as aforesaid, it shall and may be lawful to and for the said commissioners to appoint by an instrument in writing under their hands and seals, by and with the approbation of the lord lieutenant, in council, not less than six persons, nor more than twelve, three of whom shall be competent to act on behalf of the said commissioners, in presiding at such court, and receiving the verdicts of such jury as shall be held and impannelled for such valuation, such persons so appointed and approved of being magistrates for one or more of the counties, counties of cities, or counties of towns, comprehended within the district for which such asylums respectively have been or shall be erected, or of the county, county of a city, or county of a town, of which such district shall consist; and the acts of such magistrates shall be of equal force and validity with those of the commissioners themselves, so far as relates to holding a court for such valuation, and performing the duties necessary for such valuation, as prescribed by the said recited Act of the fiftieth year of His late Majesty’s reign, or any Act or Acts for amending the same.
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7 Geo. 4 c. 74.
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An Act for consolidating and amending the Laws relating to Prisons in Ireland. [31st May 1826.]
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Jury to be summoned in case of refusal to sell, &c.
Jurymen may be challenged, but not the array.
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25. If any body or bodies politic or corporate, or other person or persons having or claiming to have any estate, title, term, or interest in or to such lands, grounds, houses, tenements, edifices, erections, or buildings as aforesaid, or any charge, lien, or incumbrance thereon, shall refuse to agree or shall not agree with the said grand juries respectively, for the sale and conveyance of their respective rights, terms, and interests therein, or shall not produce or evince a clear title to such estate, rights, titles, terms, or interests as they shall or may so claim, or if the said grand juries respectively shall be ignorant who are entitled to the same, then and in every or any such case it shall and may be lawful to and for the said commissioners, and they are hereby empowered and authorized, from time to time to issue a warrant or warrants, precept or precepts, to the sheriff of the county, or county of a city or county of a town, wherein the lands, grounds, tenements, or hereditaments so to be purchased respectively shall be situate, or to such other proper sheriff as herein-after is provided; and such sheriff is hereby authorized, directed, and required accordingly to empannel, summon, and return a competent number of substantial persons qualified to serve on juries, not less than sixty nor more than eighty, out of which persons so to be impannelled, summoned, or returned, a jury of twelve persons shall be drawn by some person to be by the said commissioners appointed, in such manner as juries for the trials of issues joined in His Majesty’s Four Courts at Dublin are or shall then be by law directed to be drawn in Ireland; which persons so to be impannelled, summoned, and returned as aforesaid, are hereby required to come and appear before the said commissioners at such time and place as in such warrant or warrants or precept or precepts shall be directed and appointed (such time not being less than seven days nor more than fourteen days after such warrant or warrants or precept or precepts shall be served upon such persons), and to attend the said commissioners till discharged by them; and all persons concerned shall and may have their lawful challenges against any of the said jurymen, but shall not be at liberty to challenge the array: Provided always, that fourteen days notice at the least, in writing under the hands of the said commissioners, of the time and place of any such jury so being impannelled, summoned, and returned, shall be and is hereby required to be inserted in the “Dublin Gazette,” and also to be given to the owners, proprietors, occupiers, corporations, trustees, or any other person or persons interested in any such land, ground, houses, tenements, edifices, erections, or buildings, or to be left at the respective dwelling-houses or places of abode of such person or persons, or of the proper officer or officers of such corporations, at the house or houses of the tenant or tenants in possession of land, ground, houses, tenements, edifices, erections, or buildings.
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When county prison is to be built in a town, the valuing jury shall be summoned from the county.
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26. Provided always, that if any prison shall be built or intended to be built within any county of a city or county of a town, and shall be or shall be intended to be the prison of any county at large, then and in every such case the warrant or warrants or precept or precepts (herein-before directed to be issued by the commissioners to the sheriff of the county, county of a city, or county of a town wherein the land, ground, tenements, or hereditaments to be purchased shall be situate) shall be directed to the sheriff of the county to which such prison shall belong, and the sheriff of such county shall return a panel, and a further panel as aforesaid if necessary, of his proper county; and such proceedings being thereon had as herein directed in all other respects, the same shall be as binding and shall have all and every other the same effects and consequences as if such jury process had gone to the sheriff in whose bailiwick such premises lay.
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On default of twelve jurors, others to be summoned.
Summoning witnesses.
Commissioners may authorize jury to view grounds, &c.
Power of adjournment.
Verdicts shall be final against all parties.
Judgments to be written on parchment.
Proceedings to be registered.
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27. In any case of trial by jury before the said commissioners, where a full jury shall not appear before them, or where after the appearance of a full jury, it shall so happen, either by means of challenges or otherwise, that there shall be a default of twelve jurors for such trial, it shall and may be lawful to and for the said commissioners to command the sheriff of the county, county of a city, or county of a town, to impannel so many other persons as shall make up a full jury of twelve men, which persons so to be impannelled shall be added to the former panel; and all parties interested in such trials shall have their challenges to the jurors so added to the former panel as if they had been originally summoned; and the said commissioners are hereby authorized and empowered, by precept or precepts, from time to time as occasion shall require, to call before them all and every person and persons whatsoever who shall be thought proper or necessary to be examined as a witness or witnesses before them, on their oath or oaths, touching or concerning the premises; and the said commissioners, if they shall think fit, shall and may likewise authorize and require the said jury to view the grounds, houses, tenements, or buildings intended to be valued, and shall have power to adjourn such meeting from day to day and place to place, or to any future day, as occasion shall require, and to command such jury, witnesses, and parties to attend until the business for which they shall be so summoned by virtue of this Act shall be concluded; and the said jury shall upon their oaths (which oaths, as also the oaths to such person or persons as shall be called upon to give evidence, the said commissioners are hereby required and empowered to administer,) fairly, truly, and impartially inquire of the value of such grounds, houses, tenements, and buildings, and of the respective estate, right, title, term, and interest of every person or persons seised or possessed thereof or interested therein, or of or in any part thereof, and shall assess or a ward the sum or sums to be paid to every such person or persons for the purchase of such their respective estates, rights, titles, terms, and interests, and shall and may also inquire, ascertain, and find all and all manner of charges and incumbrances and liens thereon, and the amount of the sum or sums due thereon respectively, and what estate and estates therein are subject to any such liens or charge respectively; and the said commissioners shall and may give judgment for such sum and sums so to be assessed, as and for the value of the said several estates in the said lands, tenements, and hereditaments, and for the payment thereof respectively, in manner herein-after mentioned; which said verdict or verdicts, and the said judgment, decree, or determination thereupon, shall be binding and conclusive to all intents and purposes whatsoever, against all bodies politic or corporate, infants, lunatics, idiots, femes covert, tenants for life or in tail, and all persons under any legal disability whatsoever, and against all and every person and persons whomsoever, his, her, or their heirs, successors, executors, administrators, having or claiming to have or claim any estate, right, trust, use, or interest in, to, or out of the said grounds, houses, tenements, buildings, and premises, either in possession or reversion, remainder or expectancy, or in any manner whatsoever, or in any charge, lien, or incumbrance thereon; which said verdicts, judgments, and decrees, and all other proceedings of the said commissioners, and such judgments to be made, given, and pronounced as aforesaid, shall be fairly written on parchment, and signed and sealed by the major part of the said commissioners who were present and pronounced such judgments and decrees; and all verdicts of the said juries, and all judgments, decrees, orders, and other proceedings of the said commissioners, shall be entered in the Rolls Office of His Majesty’s High Court of Chancery in Ireland; and the same, or true copies thereof, shall be deemed and taken to be good evidence thereof in any court of law or equity whatsoever.
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Power to enter on payment or tender of the purchase money.
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28. Upon payment or tender of such sum or sums of money as shall have been contracted or agreed for between the parties, or determined and adjusted by any jury in manner respectively herein-before provided, for the purchase or rent of any such lands, grounds, houses, tenements, or other hereditaments, to the proprietor or proprietors of any such lands, grounds, houses, tenements, or hereditaments, or to such other person or persons as shall be interested therein or entitled to receive such money in manner herein provided respectively, at any time after the same shall have been so agreed for or determined; or if the person or persons so entitled or interested, or any of them, cannot be found, or shall refuse to receive the same, or shall not be able to make a good title to such lands, grounds, houses, tenements, or hereditaments, to the satisfaction of the said commissioners, or shall refuse to execute a conveyance or conveyances of such lands, grounds, houses, tenements, or hereditaments which shall be required for the purposes of this Act, under the powers and authorities herein contained, then upon payment of the said sum or sums of money into the Bank of Ireland, as hereinafter directed and required (in case the same shall be requisite), for the use of such person or persons so interested or entitled as aforesaid, it shall be lawful for the said commissioners, and their agents, servants, and workmen, immediately to enter upon and into such lands, grounds, houses, tenements, and other hereditaments respectively; and the fee simple and inheritance thereof, together with the yearly profits thereof, and all the estate, use, trust, and interest of any person or persons therein, shall from thenceforth be vested in and become the sole property of such commissioners for the purposes of this Act; and such payment or tender or investment shall not only bar all right, title, claim, interest, and demand of the person or persons to whom such payment or tender shall or ought to have been made, but shall extend to and be deemed, taken, and construed to bar the dower of the wife of every such person, and all estates tail and other estates in reversion and remainder of his, her, and their issue, and of any and every other person or persons whomsoever therein.
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Application of purchase money when amounting to 200l. or upwards.
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29. If any money shall be agreed or awarded to be paid for any land, ground, houses, tenements, or hereditaments, or for any other matter, right, or interest, of what nature or kind soever, purchased, taken, or used by virtue of the powers of this Act, for the purposes thereof, which shall belong to any corporation, feme covert, infant, lunatic, or other person or persons under any disability or incapacity as herein-before mentioned, such money shall, in case it shall amount to or exceed the sum of two hundred pounds, with all convenient speed be paid 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 commissioners, together with the name or names of such person or persons as any three of the said commissioners shall by writing signed by them appoint; to the intent that such money shall be applied, under the direction and with the approbation of the said court, to be signified by any order made upon a petition to be preferred in a summary way by the person or persons who would have been entitled to the rents and profits of such lands, grounds, houses, tenements, or hereditaments, in or towards the discharge of any debt or debts, or such other incumbrances, or part thereof, as the said court shall authorize to be paid, affecting the same land, ground, houses, tenements, or hereditaments, or affecting other land, ground, houses, tenements, or hereditaments standing settled therewith to the same or the like uses, intents, or purposes; or where such money shall not be so applied, then the same shall be laid out and invested, under the direction and approbation of the said court, in the purchase of other land, ground, houses, tenements, or hereditaments, which shall be conveyed to, for, and upon such and the like uses, trusts, intents, and purposes, and in the same manner as the land, ground, houses, tenements, and hereditaments, which shall be purchased, taken, or used as aforesaid, stood settled or limited, or such of them as at the time of making such conveyance shall be existing undetermined and capable of taking effect; and in the meantime and until such purchase shall be made, the said money shall, by order of the said Court of Chancery upon application thereto, 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; and in the meantime and until the said stocks, funds, or annuities shall be ordered by the said court to be sold for the purposes aforesaid, the dividends and annual produce of such stocks, funds, or annuities shall from time to time be paid, by the order of the said court, to the person or persons who would for the time being have been entitled to the rents and profits of the said lands, tenements, and hereditaments so hereby directed to be purchased, in case such purchase or settlement were made.
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When less than 200l. and above 20l.
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30. If any money so agreed to be paid for any land, ground, houses, tenements, or hereditaments purchased, taken, or used for the purposes aforesaid, and belonging to any corporation, or to any person or persons under any disability or incapacity as aforesaid, shall be less than the sum of two hundred pounds, and shall exceed the sum of twenty pounds, then and in all such cases the same shall, at the option of the person or persons for the time being entitled to the rents and profits of the land, ground, houses, tenements, or hereditaments so purchased, taken, or used, or of his, her, or their guardian or guardians, committee or committees, in case of infancy or lunacy, to be signified by writing under their respective hands, be paid into the Bank of Ireland, in the name and with the privity of the said Accountant General of the Court of Chancery, and to be placed to his account as aforesaid, in order to be applied in manner herein-before directed; or otherwise the same shall be paid at the like option to two trustees, to be nominated by the person or persons making such option, and approved of by the said commissioners, or any three of them, such nomination and approbation to be signified in writing under the hands of the nominating and approving parties, in order that such principal money, and the dividends arising thereon, may be applied in manner herein-before directed, so far as the case be applicable, without obtaining or being required to obtain the direction or approbation of the said Court of Chancery.
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When under 20l.
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31. Where such money so agreed or awarded to be paid as herein-before mentioned shall be less than twenty pounds, then and in all such cases the same shall be applied to the use of the person or persons who would for the time being have been entitled to the rents and profits of the land, ground, houses, tenements, or hereditaments so purchased, taken, or used for the purposes of this Act, as the said commissioners shall think fit, or in case of infancy or lunacy, then to his, her, or their guardian or guardians, committee or committees, to and for the use and benefit of such person or persons so entitled respectively.
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In case of not making out a good title, &c. the money to be paid into the bank.
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32. In case the person or persons to whom such sum or sums of money shall be so ordered to be paid as aforesaid shall not be able to make a good title to any such land, ground, houses, tenements, or hereditaments, to the satisfaction of the said commissioners, or shall refuse to execute such conveyance or conveyances, or in case such person or persons to whom such sum or sums of money shall be so ordered to be paid as aforesaid cannot be found, or if the person or persons so entitled to such lands, grounds, houses, tenements, or hereditaments be not known or discovered, then and in every such case it shall be lawful for the said commissioners to order the said sum or sums so awarded to be paid into the Bank of Ireland, in the name and with the privity of the Accountant General of the said Court of Chancery, to be placed to his account to the credit of the parties interested in the said lands, grounds, houses, tenements, or hereditaments [describing such parties], subject to the order, controul, and disposition of the said court; which said court, on the application of any person or persons making claim to such sum or sums of money, or any part thereof, by motion or petition, shall be and is hereby empowered, in a summary way of proceeding or otherwise, as to the said court shall seem meet, to order the same to be laid out and invested in the public funds, or to order distribution thereof, or payment of the dividends thereof, according to the respective estate or estates, title or interest, of the person or persons making claim thereunto, and to make such other order in the premises as to the said court shall seem just and reasonable; and the cashier or cashiers of the Bank of Ireland, who shall receive such sum or sums of money, is and are hereby required to give a receipt or receipts for such sum or sums, mentioning and specifying for what and for whose use the same is and are received, to such person or persons as shall pay any such sum or sums of money in the said bank as aforesaid.
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Where question shall arise touching the title to any money, persons in possession deemed entitled.
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33. Where any question shall arise touching the title of any person to any money to be paid into the Bank of Ireland, in the name and with the privity of the Accountant General of the said Court of Chancery, in pursuance of this Act, for the purchase of any lands, grounds, houses, tenements, or hereditaments, or of any estate, right, or interest in the land, ground, houses, tenements, or hereditaments to be purchased in pursuance thereof, or to any stocks, funds, or annuities to be purchased with any such money, or to the dividends or interest of any such stocks, funds, or annuities, the person or persons who shall have been in possession of any such land, ground, houses, tenements, or hereditaments at the time of such purchase, and all persons claiming under such person or persons, or under the possession of such person or persons, shall be deemed and taken to have been lawfully entitled to such land, ground, houses, tenements, or hereditaments, according to such possession, until the contrary shall be shown to the satisfaction of the said Court of Chancery; and the dividends or interest of the stocks, funds, or annuities to be purchased with such money, and also the capital of such stocks, funds, or annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said court that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such land, ground, houses, tenements, or hereditaments, or to some estate or interest therein.
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Court may order reasonable expenses of purchases to be paid by commissioners
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34. Where by reason of any disability or incapacity of any person or persons, or corporation, entitled to any land, ground, houses, tenements, or hereditaments to be purchased under the authority of this Act, the purchase money for the same shall be required to be paid into the said Court of Chancery, and to be applied in the purchase of other land, ground, houses, tenements, or hereditaments, to be settled to the like uses in pursuance thereof respectively, it shall be lawful for the said Court of Chancery to order the expenses of all purchases from time to time to be made in pursuance of this Act, or so much of such expenses as the said court shall deem reasonable, together with the necessary costs and charges of obtaining such order, to be paid by the said commissioners, who shall from time to time pay such sums of money for such purposes as the said court shall direct.
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Mortgagees not in possession to assign and convey.
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35. All and every person or persons who shall have any mortgage or mortgages upon any land, ground, houses, tenements, or hereditaments to be taken or used for the purposes of this Act, not being in possession thereof by virtue of such mortgage or mortgages, shall, on the tender of the principal money and interest due thereon, together with the amount of six calendar months interest on the said principal money, by the said Commissioners, or by such person or persons as they shall appoint, immediately convey, assign, and transfer such mortgage or mortgages to the said commissioners, or to such person or persons as they shall appoint; or in case such mortgagee or mortgagees shall have notice in writing from the said commissioners, or from such person or persons as they shall appoint, that they will pay off and discharge the principal money and interest which shall be due on such mortgage or mortgages, at the end or expiration of six calendar months (to be computed from the day of giving such notice), then, at the end of such six calendar months, on payment of the principal and interest so due, such mortagee or mortgagees shall convey, assign, and transfer his, her, or their interest in the premises to the said commissioners; and in case such mortgagee or mortgagees shall refuse to convey and assign as aforesaid upon such tender or payment, then all interest on every such mortgage shall from thenceforth cease and determine: Provided always, that in case the sum due upon any such mortgage or mortgages, with all interest due thereon, shall amount to more than the real value of the premises, to be ascertained, settled, and adjusted by a jury as aforesaid, then the said commissioner shall not be liable to pay the mortgagee or mortgagees more than the real value of such premises so ascertained as aforesaid: Provided also, that in case any mortgagee shall neglect or refuse to convey or assign as aforesaid, then, upon payment of the principal money and interest due on any mortgage as aforesaid into the Bank of Ireland, at the end of six calendar months from the day of giving such notice as aforesaid, for the use of the mortgagee or morgagees, the cashier or cashiers of the said bank shall give a receipt or receipts for the said money in like manner as herein-before directed in cases of other payments into the said bank; and thereupon all the estate, right, title, interest, use, trust, property, claim, and demand of such mortgagee or mortgagees, and of all and every person or persons in trust for him, her, or them, shall vest in the said commissioners, and they shall be deemed to be in the actual possession of the premises comprised in such mortgage or mortgages.
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Femes covert seised in fee simple, &c.
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36. In case any feme covert is or shall be seised in fee simple or in fee tail of any such lands, tenements, or hereditaments so to be purchased as aforesaid by the said commissioners, or of any interest in the same, or of any charge, incumbrance, or lien thereon, to her separate use, free from the controul or intermeddling of her husband, the purchase money to which such feme covert shall become or be entitled as aforesaid shall be paid to such person or persons as she shall in writng under her hand nominate to receive the same, in trust to be re-invested in lands, tenements, or hereditaments to be conveyed as aforesaid, or to be laid out upon landed or other security, in such manner as the Court of Chancery shall direct, and settle for such use, estate, and interest as the same feme covert had in the premises so purchased.
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Liens shall remain on premises not conveyed.
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37. Provided nevertheless, that where any such charge, incumbrance, or lien shall also extend over and be a charge, incumbrance, or lien on any lands, tenements, or hereditaments other than those which shall be so conveyed to or vested in the said commissioners, then and in such case neither this Act nor any conveyance to be made as aforesaid shall in any respect discharge, affect, or alter the force, validity, or effect of such charge, incumbrance, or lien, so far as relates to such other lands, tenements, or hereditaments; but that as to all such the same shall continue to be a good, valid, and subsisting charge, incumbrance, and lien for so much thereof as shall remain unpaid, in the same manner in all respects as if this Act or anything done under the same had not existed, but not further or otherwise.
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Conveyance enrolled within six months to be effectual.
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38. The conveyance of any estate or interest to the said commissioners, and their heirs and successors, by bargain and sale duly enrolled in the Rolls Office of His Majesty’s High Court of Chancery in Ireland, within six calendar months after making thereof, shall as effectually and absolutely convey the estate of the person so conveying as any fine or recovery would or could do if levied or suffered in due form of law.
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Consideration money and costs to be paid by treasurer of county, out of presentments.
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39. All sums of money or other recompense, consideration, or satisfaction, to be paid and made pursuant to any such agreement or verdict as aforesaid, and all such costs, charges, and expenses as the said commissioners or their heirs and successors, or any of them, shall be at or put to in the execution of the trusts and powers hereby vested in them, shall be paid by the treasurer of the county, county of a city, or county of a town, out of the sums so presented as aforesaid.
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Fine on sheriff, &c. making default.
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40. It shall and may be lawful to and for the said commissioners from time to time to impose any reasonable fine not exceeding twenty pounds on any sheriff or sheriffs, or their deputy or deputies, bailiffs, or agents respectively, who shall make default in the premises, and on any person or persons who shall be summoned and returned on any jury or juries who shall not appear, and also on any witness or witnesses who shall not attend, or shall refuse to be sworn or to give evidence to the said commissioners, or to any jury so impannelled before them, and on any person or persons summoned and returned on any such jury or juries who shall refuse to be sworn on any such jury or juries, or to give his, her, or their verdict, or shall in any other manner wilfully avoid or neglect his or their duty in or touching the premises; and from time to time to levy such fine or fines by order of the said commissioners, as the case may require, by distress and sale of the offender’s goods, together with the reasonable charges of every such distress and sale, returning the overplus (if any) to the owner; and all such fines which shall be so recovered and received shall be applied to the purposes of such presentment.
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* * * *
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[1 The enactments referred to will be found in the Appendix to this volume.]
[1 In the sections printed the enacting words “And be it further enacted that” and the like, and also the words “or any three or more of them” following the word “commissioners” are omitted as being unnecessary for the purposes of 1 & 2 Will. 4. c. 48.]
[1 In the sections printed the enacting words “And be it further enacted that” and the like, and also the words “or any three of them” following the word “commissioners” are omitted as being unnecessary for the purposes of 1 & 2 Will, 4. c. 48.] |
