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Certain assignments, made without consent in writing, to be valid.
50 & 51 Vict. c. 33.
23 & 24 Vict. c. 154.
7 Geo. 4, c. 29, s. 3.
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1. No application under section one of the Land Law (Ireland) Act, 1887, made by any person claiming as lessee under a lease containing an agreement restraining or prohibiting assignment shall be disallowed on the ground that such lease has been assigned contrary to such agreement, when the landlord has consented to such assignment, and such consent has been established by evidence satisfactory to the court, notwithstanding that such consent has not been given, made, or evidenced in the manner prescribed by the tenth section of the Landlord and Tenant Law Amendment Act (Ireland), 1860, [2
and no application under the said section made by any person claiming as lessee under a lease executed after the first day of June, one thousand eight hundred and twenty-six, and before the first day of May, one thousand eight hundred and thirty-two, not containing a clause expressly authorising and empowering assignment, shall be disallowed on the ground that the consent of the landlord to any assignment of such lease has not been given, made, or evidenced in the manner prescribed by the third section of the Act passed in the seventh year of the reign of King George the Fourth, chapter twenty-nine,[3]
intituled “An Act to amend the Law of Ireland respecting the assign-“ment and subletting of lands and tenements,” when the landlord has consented to such assignment, and such consent has been established by evidence satisfactory to the court]: Provided always that any person claiming to be lessee under any lease, whose claims shall have been allowed by the court under this section, and his executors, administrators, and assigns, shall be estopped in any proceedings whatever from denying that such person was assignee of such lease at the time when his claim was allowed.
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For the purposes of this Act the term “assignment” shall include an equitable assignment, and the term “lessee” in section one of the Land Law (Ireland) Act, 1887, shall include persons entitled to the interest of the lessee under such equitable assignment.
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[1 Short title, “The Land Law (Ireland) Act, 1888.” See s. 2.]
[2 Words in brackets inserted by 52 & 53 Vict. c. 59.]
[3 This Act, except as to leases, instruments and agreements for leases made between the 1st June 1826 and the 1st May 1832, was repealed by 23 & 24 Vict. c. 154, s. 104, and Sched. B., with a saving.] |
