The Sun.
London, England, 1847-04-09 00:00:00

S

APRIL 9, 1847.

"3110,, ANKIIeir—AITTV
TRADE IN CHINA.

There has been issued, in pursuance of the order of
the House of Commons of Jan. 26, a copy of orders,
ordinances, rules, and regulations concerning the
trade in China. The following is an extract there.
from of much interest :

SD,

---------
ACT TO FACILITATE THE SALE
OF ENCUIIrsERED ESTATES IN IRELAND.
A Bill with the above title has been introduced in
the Lords by the Lord Chancellor ; subjoined is an
abstract of its provisions :-
CLAUSE 1. Declares that the object of the Act is to
" grant facilities for the sale of estates situate in that
part of Great Britain and Ireland called Ireland,
which may be charged with iocumbrances, or subject
to trusts authorising or requiring sale ;" and the fol-
lowing words shall be taken in the extended or res-
tricted sense expressly attached to them in this clause :
Lands Manors, advowsons, rectories, messuages, lands,
tenements, tithes, rents, and hereditaments of any te-
nure, and whether corporeal or incorporeal, and any
undivided share thereof.-Estate. Estate in equity, as
well as at law, and the benefit of any covenant or con-
tract fur, or in right of, renewal.-Encumbrance. Any
legal or equitable mortgage in fee or for any less es-
tate ; any money secured by a trust, judgment, decree,
or order, any legacy, portion, lien, or any other charge
upon land, by which a sum of money is secured to be
paid on an event, or at a time certain ; any annual
charge which by the instrument creating it, or any
other instrument, is repurchaseable on payment of
a gross sum.-Incumbrancer. Any person entitled
to an incumbrance.-Possession includes the receipt
of rents and profits. -Owner. This word, applied to
any lands or incumbrances, includes any person en-
titled in possession, absolutely or in tail, or quasi en-
tail ; any person for a life or lives, or for a term of
years determinable on the dropping of any life or
lives; any person entitled in possession as tenants by
the courtesy, whether at law or in equity; any per-
son entitled in possession to the equity of redemption,
or the property subject to the incumbrance in any
land, whether in fee or less estate ; any feoffees or
trustees for charitable or other purposes. It is de-
clared that the Act shall operate as well with respect
to any estate or incumbrance created before as after
the passing of the A3t.
2. Under the provisions of this Act the owner of
any land or estate in land in Ireland subject to in-
cumbrance, may (subject to the approbation of
Court) contract for the sale of a part of it, freed from
such incumbrance; any owner or incumbrancer may,
without having so contracted, apply for sale of whole
or part of such land or estate; if an incumbrance
affect less than the whole estate of the owner, but
affect an estate carved out of it of not less than fifty
years unexpired at the time of contract or sale, the
power of sale shall extend to the whole estate.
3. The owner or incumbrancer contracting for sale,
or desirous to sell, may apply to the Lord Chancellor
of Ireland to confirm the contract or sale, the petition
and all subsequent petitions in the case being enti-
tled ex parte the petitioner "in the matter of the
Act for facilitating the sale of encumbered estates in
Ireland."
4. The Lord Chancellor of Ireland, with the ad-
vice and Consent of the Master of the Rolls, may
make rules or orders for carrying this Act into
effect; the rules and orders to be laid before Parlia-
ment.
5. lie may, with the advice and consent, alter or
rescind former rules or orders.
6. Upon presentation of the petition, the Court
may, without the attendance of counsel, refer the
same to a Master in Chancery; who shall inquire into
the particulars and report.
7. Such land may he sold freed from her Majesty's
title, as authorised by 4 and 5 Wm. IV. c. 92.
8 All laws, rules, orders, and discretionary power,
and practice in force with respect to proceedings in
court for fore-closure or redemption of a mortgages
and under a decree for sale of estates for payment of
encumbrances or debts, not inconsistent with this Act
or any rules made under it ; the court may apportion
costs as it thinks fit, and order surplus moneys to be
invested in land for the benefit of parties entitled to
them; and all persons becoming parties are to be sub-
ject to the jurisdiction of the court.
9. When a petition for sale is presented by an in-
cumbrancer, the court may allow the owner time to
ascertain the validity of the debt.
10. Proceedings before the court under this Act to
be by petition or motion in a summary way ; not to
abate or be suspended by death or transmission of in-
terest; parties aggrieved by report of Master are not
compelled to take exceptions.
11. In case of death or transmission of interest any
person interested may apply to the court to carry on
proceedings.
12. When upon a petition a reference shall have
been made to the Master, he shall cause an advertise-
ment, announcing the petitioner's name, and describ-
ing the land or estate contracted for or desired to be
sold, to be inserted at least once two previous weeks
in whatever daily or other public journals he pleases,
and fixing a day for entering upon a consideration of
the matter.
13. No error in such advertisement shall vitiate the
proceedings.
14. Before proceeding the master shall cause notice
to be given to all persons having interest in the sub-
ject of inquiry.
15. All parties claiming an interest in the subject
of the inquiries may appear, and the master shall de-
termine what parties have a right to take part in the
proceedings; the master's omission to give notice not
to vitiate proceedings.
16. Parties disallowed to attend by the master may
apply to the court against his decision within twenty-
one days, or if the court is not sitting, after giving
notice within twenty-one days to the party petition-
ing for sale.
17. Where there is only one incumbrance the court
shall not direct a sale without consent of the incum-
brancer, unless it consider the produce sufficient to
pay the principal and arrears of interest, or sufficient
(if the incumbrance is a re-purchasable annual charge)
to pay re-purchase, arrears, and costs.
18. Where there is more than one incumbrancer,
the first shall, for the purpose of giving consent, be
considered the whole incumbrancer, reserving to the
second a right to pay him off and become sole incum-
brancer.
19. When an incumbrancer is held subject to limi-
tation, or in trust, the first person entitled to the in-
come is the party to consent.
20. Where a person entitled to a charge, which is
not an incumbrance in the meaning of the Act, is
willing to accept a gross sum in satisfaction of it,
the master may treat it as an incumbrance, and charge
the portion of land which is not to be sold with it
preferably.
21. All reports and other proceedings under this
Act are to be filled according to the rules of the court.
22. The order for sale may include the whole or
part of the incumbered estate.
23. The court may order the whole of an estate to
be sold although the master shall have approved of
the sa'e of part only.
24. The court may confirm the report nisi, and
direct it to be served on any person or referred back
to the master for review previously to making order
for sale.
25. The assurance of the land or estate sold shall
be nsade in such form as the master shall direct ; or
he may authorise any other persons to execute the
same ; the assurance shall bR made to the purchaser,
his heirs, executors, administrators, and assigns.
26. The purchase m iney arising on the sale is to
be paid into the Bank of Ireland.
27. The receipt of the Accountant- General is to be
a sufficient dkchatge.
28. Where there are several incurnbrances the court
may order proceedings to ascertain their respective
priority.
29. Where an annual charge, not an incumbrance
in the sense of this Act, affects any land or estate to
he sold under this Act, being part of an estate affected
by such charge, the person entitled to it may release
the land or estate to be sod without impairing the
charge as to the remaining part of the estate.
30. Provided no payment, not being payment in
full of an incumbrance, shall affect the incumbrancer's
right to the balance.
31. When an incumbrancer shall be satisfied,
wholly, or in part, by monies arising out of a
other
under this Act, and that it shill appear thatto rer
persons, or lands, or estates should contribute is
-
charge the incumbrance, the court may order pro-
ceedings to recover the money, and have it paid into
the Bank of Ireland.
32. No payment in respect of any incumbrance
under this Act shall affect the right of persons out of
whose estate the payment is made to be indemnified
out of any other land or estate, except in so far as
the court shall order under special circumstances.
33. Where the estate is ordered to be sold the court
may empower the master to include in his report other
interests in the same estate.
34. Where the land to be sold is subject to a lease
the master may apportion the rent of the sold and
unsold parts, and all covenants of the lease shall re-
main in force as regards the apportioned parts except
as to the amount of rent.
35. No person entitled to any incumbrance shall
he bound to accept payment under this Act without
six months notice, nor until the incumbrance is pay-
able.

36. Where the incumbrance is not payable or not
ascertained the court may direct the Accountant-
General to set apart the sum to the credit of the in-
cumbrance and for costs and expenses.
37. When a petition for carrying into execution
.a
contract of sale has been presented without the requi-
site consent, the consent may be given subsequently.