Partition Act 1868
| Jurisdiction | UK Non-devolved |
Partition Act, 1868
(31 & 32 Vict.) C A P. XL.
An Act to amend the Law relating to Partition.
[25th June 1868]
B E it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1 Short Title.
This Act may be cited as The Partition Act, 1868.
2 As to the Term ‘the Court.’
In this Act the Term ‘the Court’ means the Court of Chancery in England , the Court of Chancery in Ireland , the Landed Estates Court in Ireland , and the Court of Chancery of the County Palatine of Lancaster , within their respective Jurisdictions.
3 Power to Court to order Sale instead of Division.
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.
4 Sale on Application of certain Proportion of Parties interested.
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.
5 As to Purchase of Share of Party desiring Sale.
In a Suit for Partition, where, if this Act had not been passed, a...
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