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PARTITION ACT 1868

PARTITION ACT 1868 - LONG TITLE

An Act to amend the Law relating to Partition.{1}
[25th June 1868]
Preamble rep. by SLR 1893

PARTITION ACT 1868 - SECT 1
Short title.

1. This Act may be cited as "The Partition Act, 1868."

PARTITION ACT 1868 - SECT 2
As to the term ""the Court.''

2. In this Act the term "the Court" means... [the High Court of
Justice in Northern Ireland].

PARTITION ACT 1868 - SECT 3
Power to Court to order sale instead of division in suit for
partition.

3. In a suit for partition, where, if this Act had not been
passed, a decree for partition might have been made, then, if it
appears to the Court that by reason of the nature of the property
to which the suit relates, or of the number of the parties
interested or presumptively interested therein, or of the absence or
disability of some of those parties, or of any other circumstance,
a sale of the property and a distribution of the proceeds would be
more beneficial for the parties interested than a division of the
property between or among them, the Court may, if it thinks fit,
on the request of any of the parties interested, and notwithstanding
the dissent or disability of any others of them, direct a sale of
the property accordingly, and may give all necessary or proper
consequential directions.

PARTITION ACT 1868 - SECT 4
Sale instead of division on application of certain proportion of
parties.

4. In a suit for partition, where, if this Act had not been
passed, a decree for partition might have been made, then, if the
party or parties interested, individually or collectively, to the
extent of one moiety or upwards in the property to which the suit
relates request the Court to direct a sale of the property and a
distribution of the proceeds instead of a division of the property
between or among the parties interested, the Court shall, unless it
sees good reason to the contrary, direct a sale of the property
accordingly, and give all necessary or proper consequential
directions.

PARTITION ACT 1868 - SECT 5
On application of one party Court may direct sale, unless the other
parties undertake to purchase his share.

5. In a suit for partition, where, if this Act had not been
passed, a decree for partition might have been made, then, if any
party interested in the property to which the suit relates requests
the Court to direct a sale of the property and a distribution of
the proceeds instead of a division of the property between or among
the parties interested, the Court may, if it thinks fit, unless the
other parties interested in the property, or some of them, undertake
to purchase the share of the party requesting a sale, direct a
sale of the property, and give all necessary or proper consequential
directions; and in case of such undertaking being given the Court
may order a valuation of the share of the party requesting a sale
in such manner as the Court thinks fit, and may give all necessary
or proper consequential directions.

PARTITION ACT 1868 - SECT 6
On sale, Court may allow parties interested to bid.

6. On any sale under this Act the Court may, if it thinks fit,
allow any of the parties interested in the property to bid at the
sale, on such terms as to non-payment of deposit, or as to setting
off or accounting for the purchase money or any part thereof
instead of paying the same, or as to any other matters, as to the
Court seem reasonable.

S.7 rep. by 1893 c.53 s.51 sch.

PARTITION ACT 1868 - SECT 8
Application of 1856 c.120 ss.23 25 to money received on sale.

8. Sections twenty-three to twenty-five (both inclusive) of the Act
of the session of the nineteenth and twentieth years of Her
Majesty's reign (chapter one hundred and twenty), "to facilitate
leases and sales of settled estates", shall extend and apply to
money to be received on any sale effected under the authority of
this Act.

PARTITION ACT 1868 - SECT 9
Parties to partition suits.

9. Any person who, if this Act had not been passed, might have
maintained a suit for partition may maintain such suit against any
one or more of the parties interested, without serving the other or
others (if any) of those parties; and it shall not be competent to
any defendant in the suit to object for want of parties; and at
the hearing of the cause the Court may direct such inquiries as to
the nature of the property, and the persons interested therein, and
other matters, as it thinks necessary or proper with a view to an
order for partition or sale being made on further consideration; but
all persons who, if this Act had not been passed, would have been
necessary parties to the suit shall be served with notice of the
decree or order on the hearing and after such notice shall be
bound by the proceedings as if they had been originally parties to
the suit, and shall be deemed parties to the suit; and all such
persons may have liberty to attend the proceedings; and any such
person may, within a time limited by general orders, apply to the
Court to add to the decree or order.

Ss.10, 11 rep. by SLR 1893