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CHIEF RENTS REDEMPTION (IRELAND) ACT 1864

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - LONG TITLE

An Act to facilitate the Redemption of Chief Rents in Ireland.{1}
[30th June 1864]
Preamble rep. by SLR 1893

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 1
explanation of certain terms.

1. Any lands or tenements held in fee farm, or for lives renewable
for ever, or for any term whereof more than two hundred years
shall be unexpired, shall, if subject to any rent during the
continuance of such estate, be deemed land within the provisions of
this Act; and any person entitled in possession to such lands or
tenements, or to the rents and profits thereof, under any will or
settlement for any term of years determinable on the dropping of a
life or lives, or for any greater estate (not being a term of
years less than the term for which such lands or tenements may be
held), shall be deemed the owner of such lands or tenements; and
any person entitled under any will or settlement to an immediate
estate in the said rent, or in the reversion to which the same
may be incident, for any term of years determinable on the dropping
of a life or lives, or for any greater estate, shall be deemed
the owner of such rent; and every estate in land or rent, other
than an unincumbered estate in fee, shall be deemed a limited
estate within the provisions of this Act; and the words "lands or
tenements" in this Act shall extend to any divided or undivided
shares thereof respectively; and the word "rent" shall extend to any
part or parts thereof; and the words "owner or person" shall extend
to two or more persons seised of or entitled to divided or
undivided shares of or estates in the said lands and rents
respectively, and shall also include any corporate bodies, aggregate
or sole.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 2
Owner of land and owner of rent may agree for redemption, &c., of
such rent.

2. The owner of any land or tenement subject to any rent may
agree with the owner of such rent for the redemption and
extinguishment thereof on the following terms; that is to say, the
price to be paid for such redemption shall be either a sum of
money in gross, or a part of the lands or tenements which were
subject to the said rent, or any lands or tenements to which the
owner shall be entitled in fee simple or fee farm, or which shall
be subject to the same limitations as the lands or tenements to be
discharged from rent by such agreement.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 3
Application of price of redemption whether paid in money or in
land, where owner of rent has only a limited estate therein.

3. In case the owner of such rent shall have only a limited
estate therein, if the price agreed to be paid for the redemption
thereof shall be a sum of money in gross it shall be paid to the
trustees appointed by the deed or instrument whereby the estate or
interest of such owner of rent shall be limited, or to the
trustees to be appointed when necessary by the Landed Estates Court
as herein-after mentioned, for application in the manner herein-after
mentioned, and if the price shall be land it shall be conveyed to
and held by such trustees in lieu of the said rent, subject to
the same trusts, limitations, and charges as the rent had previously
been subject to.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 4
Sanction where owner of rent has limited interest only.

4. If the owner of the rent have only a limited estate therein,
the contract for redemption shall not be concluded without the
sanction of one of the judges of the Landed Estates Court, after
giving notice to such persons as he shall think proper; and in
case such contract shall be sanctioned, such deed or deeds shall be
executed by the parties as the said judge shall direct.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 5
Judge of Landed Estates Court to examine and certify title.

5. The judge of the Landed Estates Court shall investigate such
title, and if it shall be sufficient he may cause a certificate of
his approbation thereof to be annexed to the contract for
redemption; and such certificate shall have the effect of giving to
the person taking the land or rent under such contract the same
title thereto as if the same had been conveyed to him by one of
the judges after a sale thereof in the Landed Estates Court.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 6
Stamp duty on deeds executed and certificates annexed to contracts
for redemption.

6. Every deed executed by the direction of the judge, and every
certificate annexed to the contract for redemption as aforesaid,
which respectively shall have the force or operation of a conveyance
of any rentcharge under this Act, shall be chargeable with ad
valorem stamp duty as upon a conveyance on sale; that is to say,
where the consideration for such redemption shall be a sum of money
in gross, the said ad valorem stamp duty shall be chargeable in
respect of such sum of money as the purchase or consideration
money; and where the consideration for such redemption shall be
lands or tenements, then the said deed or certificate shall be
chargeable with the ad valorem stamp duty which would be chargeable
on a conveyance of such lands or tenements on the sale thereof in
consideration of the rent contracted to be redeemed.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 7
Apportionment of rent reserved where part only is redeemed.

7. Where it is intended to redeem under this Act a part only of
any rent, it shall be lawful for one of the judges of the Landed
Estates Court to apportion the rent reserved by the lease or grant,
as between the part thereof to be redeemed and the land as to
which the same is to be extinguished, and the remaining part or
parts of the said rent and land; and the judge shall direct notice
of any such intended apportionment as aforesaid to be given to such
persons and in such manner as he shall think fit, and shall hear
such parties as shall apply in relation thereto; and after such
apportionment, and after the said part of the said rent shall have
been so redeemed, the owner of the remaining part of the said rent
so apportioned shall have the like remedies for the recovery thereof
against the lands out of which the same shall be payable, and the
owners and occupiers thereof respectively, as were subsisting for the
entire rent before such apportionment; and all the covenants,
conditions, and agreements of every lease or grant, except as to
the amount of rent to be paid, shall as regards the part or parts
not redeemed remain in force in the same manner as they would have
done if such redemption had not taken place: Provided always, that
the enactment in this section shall be deemed to apply to the
redemption of any parts of the same original rent to be redeemed
at different times; provided also, that where any such part of the
said rent so intended to be redeemed shall have been theretofore
apportioned or fixed and determined as between the owners of such
lands or tenements liable to payment of the whole rent, and such
part or parts shall have been theretofore apportioned as between
such owners themselves, such apportionment shall be adopted and acted
upon to all intents and purposes as if the same was made under
the provisions of this section.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 8
Reservations or exceptions may, with sanction of judge, be granted
with rents.

8. Any reservations or exceptions, or any returns, services, or
duties, secured by or contained in the instrument by which such
rent may have been created or reserved, may (with the sanction and
approval of a judge of the Landed Estates Court, but not
otherwise,) be granted or released together with the rent, if the
parties interested therein shall agree thereto, and shall express
such agreement in the contract by which such rent shall be redeemed
or extinguished.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 9
Appointment of trustees where necessary.

9. When it shall be necessary to pay the purchase money of any
rent to trustees for application under this Act, if such trustees
shall not already exist, or have been created by deed or will or
other instrument, trustees shall be appointed by a judge of the
Landed Estates Court, and all such trustees shall apply the same on
the same uses and trusts, and hold the same subject to the same
charges and limitations, as the rent which had been redeemed; and
until a legal application of such purchase money can be made the
trustees shall invest the same in the public funds, and shall pay
the annual dividends thereof to such persons as would be entitled
to the said rent if it had not been redeemed or extinguished.

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 10
Application of purchase money.

10. All monies to be received on any sale effected under the
authority of this Act may be applied, under the directions of a
judge of the Landed Estates Court, to some one or more of the
following purposes; namely, the purchase or redemption of quit or
Crown rent, or the discharge or redemption of any debt or
incumbrance affecting the rent in respect of which such purchase
money shall have been paid, or affecting any other hereditaments
subject to the same uses or trusts, or the purchase of other
hereditaments to be settled in the same manner as the rent in
respect of which the money was paid, or the payment to any person
becoming absolutely entitled.

S.11 rep. by 1962 c.30 ss.28(2), 30(2)(d) schs.3, 4 Pt.IV

CHIEF RENTS REDEMPTION (IRELAND) ACT 1864 - SECT 12
Extent of Act.

12. This Act shall only extend to Ireland.






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URL: http://www.bailii.org/nie/legis/num_act/crra1864283.txt