Études sur l'Irlande contemporaine

XLVI. Every Annuity created in pursuance of this Part of this Act shall be a Charge on the Estate of the Owner in the Lands comprised in the Order and on the Estate of every Person claiming by, through, under, or in trust for such Owner, or if the Land is in Settlement, taking any Estate in such Lands subsequent to the Estate of such Owner and under the same Settlement, subject to all Encumbrances on the Land subsisting at the Date of the Provisional Order, but having Priority over all Encumbrances subsequently created by the Owner or by any Person claiming by, under, or in trust for him, or if the Estate is in Settlement, taking any Estate under the same Settlement subsequent to the Estate of the Owner; and for the Purposes of this Section, the Order Absolute shall be deemed to relate back to the Date of the Provisional Order, and the Word "Owner" as used in this Section shall mean the Person who may be Owner at the Date of the Provisional Order being made.

XLVII. The Clerk of the Peace shall keep an alphabetical Registry in his Office of all Provisional Orders and Orders Absolute made by the Chairman of which he is Clerk in pursuance of this Part of this Act, and shall allow any Person to inspect the same at all reasonable Times on the Payment of One Shilling.

PART IV.

GENERAL PROVISIONS.

XLVIII. No Land shall be charged with Annuities in respect of Improvements under the First Part of this Act to the Extent of more than One Fifth Part of the annual Value of such Land, or in respect of Improvements under the Third Part of this Act to the Extent of more than One Fifth Part of the annual Value of such Land; and for the Purposes of this Section the annual Value of Land shall be deemed to be the Value at which such Land is rated under the Laws for the Relief of the destitute Poor. XLIX. Every Annuity created in pursuance of this Act shall

be recoverable in manner in which Rentcharges in lieu of Tithes are recoverable in Ireland.

L. No Arrears of any Annuity charged on Land in pursuance of this Act shall be recoverable after the Expiration of One Year from the Date at which the Sum in arrear became due; and as between Owners having a limited Interest in any Land so charged it shall be the Duty of the Owner for the Time being in possession or in receipt of the Rents and Profits of such Land to prevent such Arrears arising, and if he make Default in doing so, and the Owner next entitled in possession pay any Arrears caused by such Default, the Amount so paid shall be a Debt due by the Owner who has paid the same from the Owner by whose Default it became necessary to make such Payment.

LI. A Charge on Lands made by virtue of this Act shall not be deemed such an Incumbrance as to preclude a Trustee holding Trust Moneys capable, according to his Trust, of being invested in the Purchase or on Mortgage of Lands, from investing the same in the Purchase of or upon a Mortgage of the Lands so charged, unless the Therms of his Trust expressly provide that the Lands to be so purchased or taken on Mortgage are not to be subject to any prior Charge.

LII. Any Notice or other Document required by this Act to be served upon any Person may be served on such Person personally, or by leaving the same or sending it through the Post in a prepaid registered Letter addressed to such Person at his usual or last known Place of Abode.

LIII. Any Document to be served by Post shall be posted in such Time as to admit of its being delivered in the due Course of Delivery within the Period (if any) prescribed for the Service thereof, and in proving Service of such Document it shall be sufficient to prove that such Document was properly directed, and that it was put as a prepaid registered Letter into the Post Office.

LIV. An Order made in pursuance of this Act, charging an Annuity on any Lands or sanctioning any Lease shall be, both at Law and in Equity, conclusive Evidence that all Notices, Acts, and Proceedings by this Act directed with reference to or consequent on the obtaining such Order or the making such

Charge, have been duly served, done, and taken, and that such Charge has been duly created, and that it is a valid Charge on the Lands declared to be subject thereto.

LV. The "Landed Estates Court of Ireland" shall fix a Scale of Fees to be taken in respect of Business done by that Court under this Act, and shall, as to Matters within their Jurisdiction, make Regulations as to the Payment of such Fees, and as to the Conduct of Proceedings under this Act before the Landed Estates Court, and as to the Costs payable in respect of such Proceedings, and as to the Taxation of such Costs; but such Scale and Regulations shall not be of any Validity until they have been sanctioned by the Lord Chancellor of Ireland.

LVI. The Chairmen of the Quarter Sessions of the several Counties in Ireland, or any Fifteen of them, shall prepare forms of Notices and fix a Scale of Fees to be taken by Clerks of the Peace in respect of Business done by them under this Act, and shall make Regulations as to the Payment of such Fees, and as to the Conduct of Proceedings under this Act before such Chairmen, and as to the Costs payable in respect of such Proceedings, and as to the Taxation of such Costs; but such Scale and Regulations shall not be of any Validity until they have been sanctioned by the Chief Justice of the Queen's Bench in Ireland, by the Chief Justice of the Common Pleas in Ireland, and by the Chief Baron of the Exchequer in Ireland, or by Two of such Judges.

LVII. Nothing in this Act contained shall be deemed or construed to affect or prejudice any Usage or Custom established or existing in any Part of Ireland relating to outgoing or incoming Tenants.

FIN DU TOME PREMIER.