Lunacy Regulation (Ireland) Act 1871

63 Lunatic's property may be sold, mortgaged, &c., for debts, maintenance, &c.

Where it appears to the Lord Chancellor intrusted as aforesaid to be just and reasonable, or for the lunatic's benefit, he may order that any estate or interest of the lunatic in land or stock, either in possession, reversion, remainder, contingency, or expectancy, be sold, or charged by way of mortgage, or otherwise disposed of, as may to him seem most expedient, for the purpose of raising money to be applied, and may accordingly order that the money when raised be applied, for or towards all or any of the purposes following:

1.

The payment of the lunatic's debts or engagements ;

2.

The discharge of any incumbrance on his estates ;

3.

The payment of any debt or expenditure incurred or made after inquisition, or authorised by the Lord Chancellor intrusted as aforesaid to be incurred or made, for the lunatic's maintenance or otherwise for his benefit;

4.

The payment of or provision for the expenses of his future maintenance;

5.

The payment of the costs of applying for, obtaining, and executing the inquiry, and of opposing the same ;

6.

The payment of the costs of any proceeding under or consequent on the inquisition, or incurred under order of the Lord Chancellor intrusted as aforesaid ; and,

7.

The payment of the costs of any such sale, mortgage, charge, or other disposition as is hereby authorised to be made.

And the committee of the estate may and shall, in the name and on behalf of the lunatic, execute, make, and do all such conveyances, deeds, transfers, and things relative to any such sale, mortgage, charge, or other disposition as aforesaid, and for effectuating this present provision, as the Lord Chancellor intrusted as aforesaid shall order.