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FINES AND RECOVERIES (IRELAND) ACT 1834

FINES AND RECOVERIES (IRELAND) ACT 1834 - LONG TITLE

An Act for the Abolition of Fines and Recoveries, and for the
Substitution of more simple Modes of Assurance in Ireland.{1}
[15th August 1834]
Meaning of certain words and expressions: <"Lands."
[

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 1

1.] In the construction of this Act the word "lands" shall extend
to advowsons, rectories, messuages, lands, tenements, tithes, rents,
and hereditaments of any tenure, and whether corporeal or
incorporeal, and any undivided share thereof; and the word "estate"
shall extend to an estate in equity as well as at law, and shall
also extend to any interest, charge, right, title, lien, or
incumbrance in, upon, to, or affecting lands, either at law or in
equity, whether present or vested, or future or contingent, and
shall also extend to any interest, charge, lien, or incumbrance in,
upon, or affecting money subject to be invested in the purchase of
lands; and the expression "base fee" shall mean exclusively that
estate in fee simple into which an estate tail is converted where
the issue in tail are barred, but persons claiming estates by way
of remainder or otherwise are not barred; and the expression "estate
tail," in addition to its usual meaning, shall mean a base fee
into which an estate tail shall have been converted; and the
expression "actual tenant in tail" shall mean exclusively the tenant
of an estate tail which shall not have been barred, and such
tenant shall be deemed an actual tenant in tail, although the
estate tail may have been divested or turned to a right; and the
expression "tenant in tail" shall mean, not only an actual tenant
in tail, but also a person who, where an estate tail shall have
been barred and converted into a base fee, would have been tenant
of such estate tail if the same had not been barred; and the
expression "tenant in tail entitled to a base fee" shall mean a
person entitled to a base fee, or to the ultimate beneficial
interest in a base fee, and who if the base fee had not been
created would have been actual tenant in tail; and the expression
"money subject to be invested in the purchase of lands" shall
include money whether raised or to be raised, and whether the
amount thereof be or be not ascertained, and shall extend to stocks
and funds, and real and other securities, the produce of which is
directed to be invested in the purchase of lands, and the lands to
be purchased with such money or produce shall extend to lands of
any tenure in England or elsewhere out of Ireland, where such lands
or any of them are within the scope or meaning of the trust or
power directing or authorizing the purchase; and the word "person"
shall extend to a body politic, corporate, or collegiate, as well
as an individual; and every word importing the singular number only
shall extend and be applied to several persons or things as well
as one person or thing; and every word importing the plural number
shall extend and be applied to one person or thing as well as
several persons or things; and every word importing the masculine
gender only shall extend and be applied to a female as well as a
male; and every assurance, already made or hereafter to be made,
whether by deed, will, private Act of Parliament, or otherwise, by
which lands are or shall be entailed or agreed or directed to be
entailed, shall be deemed a settlement; and every appointment made
in exercise of any power contained in any settlement, or of any
other power arising out of the power contained in any settlement,
shall be considered as part of such settlement, and the estate
created by such appointment shall be considered as having been
created by such settlement; and where any such settlement is or
shall be made by will, the time of the death of the testator
shall be considered the time when such settlement was made: Provided
always, that these words and expressions occurring in this clause to
which more than one meaning is to be attached shall not have the
different meanings given to them by this clause in those cases in
which there is anything in the subject or context repugnant to such
construction.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 2
No fine or recovery to be levied or suffered in Ireland after the
31st of October 1834.

2. After the thirty-first day of October one thousand eight hundred
and thirty-four no fine shall be levied or common recovery suffered
of lands of any tenure in Ireland, except where parties intending
to levy a fine or suffer a common recovery shall before the
thirty-first day of October one thousand eight hundred and
thirty-four have sued out a writ of dedimus or any other writ in
the regular proceedings of such fine or recovery; and any fine or
common recovery which shall be levied or suffered contrary to this
provision shall be absolutely void.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 3
Persons, after 31st October 1834, liable under covenants to levy
fines or suffer recoveries shall effect the purposes intended by
means of this Act; but if the purpose of a fine or recovery
cannot be so effected, the persons liable to levy fines or suffer
recoveries shall execute a deed which shall have the same operation
as the fine or recovery.

3. In case any person shall, after the thirty-first day of October
one thousand eight hundred and thirty-four, be liable to levy a
fine or suffer a common recovery of lands of any tenure in
Ireland, or to procure some other person to levy a fine or suffer
a common recovery of lands of any tenure, under a covenant or
agreement already entered into or hereafter to be entered into
before the first day of November one thousand eight hundred and
thirty-four, then and in such case, if all the purposes intended to
be effected by such fine or recovery can be effected by a
disposition under this Act, the person liable to levy such fine or
suffer such recovery, or to procure some other person to levy such
fine or suffer such recovery, shall after the thirty-first day of
October one thousand eight hundred and thirty-four be subject and
liable under such covenant or agreement to make or to procure to
be made such a disposition under this Act as will effect all the
purposes intended to be effected by such fine or recovery; but if
some only of the purposes intended to be effected by such fine or
recovery can be effected by a disposition under this Act, then the
person so liable to levy such fine or suffer such recovery, or to
procure some other person to levy such fine or suffer such recovery
as aforesaid, shall after the thirty-first day of October one
thousand eight hundred and thirty-four be subject and liable under
such covenant or agreement to make or procure to be made such a
disposition under this Act as will effect such of the purposes
intended to be effected by such fine or recovery as can be
effected by a disposition under this Act; and in those cases where
the purposes intended to be effected by such fine or recovery, or
any of them, cannot be effected by any disposition under this Act,
then the person so liable to levy such fine or suffer such
recovery, or to procure some other person to levy such fine or
suffer such recovery as aforesaid, shall after the thirty-first day
of October one thousand eight hundred and thirty-four be liable
under such covenant or agreement to execute or to procure to be
executed some deed whereby the person intended to levy such fine or
suffer such recovery shall declare his desire that such deed shall
have the same operation and effect as such fine or recovery would
have had if the same had been actually levied or suffered; and the
deed by which such declaration shall be made shall, if none of the
purposes intended to be effected by such fine or recovery can be
effected by a disposition under this Act, have the same operation
and effect in every respect as such fine or recovery would have
had if the same had been actually levied or suffered; but if some
only of the purposes intended to be effected by such fine or
recovery can be effected by a disposition under this Act, then the
deed by which such declaration shall be made shall, so far as the
purposes intended to be effected by such fine or recovery cannot be
effected by a disposition under this Act, have the same operation
and effect in every respect as such fine or recovery would have
had if the same had been actually levied or suffered.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 4
Fines made valid without amendment in certain cases.

4. If it shall be apparent, from the deed declaring the uses of
any fine already levied or hereafter to be levied, that there is
in the indentures, record, or any of the proceedings, of such fine
any error in the name of the conusor of conusee of such fine, or
any misdescription or omission of lands intended to have been passed
by such fine, then and in every such case the fine, without any
amendment of the indentures, record, or proceedings in which such
error, misdescription, or omission shall have occurred, shall be as
good and valid as the same would have been, and shall be held to
have passed all the lands intended to have been passed thereby, in
the same manner as it would have done if there had been no such
error, misdescription, or omission.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 5
Recoveries made valid without amendment in certain cases.

5. If it shall be apparent, from the deed making the tenant to
the writ of entry or other writ for suffering a common recovery
already suffered or hereafter to be suffered, that there is in the
exemplification, record, or any of the proceedings of such recovery
any error in the name of the tenant, demandant, or vouchee in such
recovery, or any misdescription or omission of lands intended to
have been passed by such recovery, then and in every such case the
recovery, without any amendment of the exemplification, record, or
proceedings in which such error, misdescription, or omission shall
have occurred, shall be as good and valid as the same would have
been, and shall be held to have passed all the lands intended to
have been passed thereby, in the same manner as it would have done
if there had been no such error, misdescription, or omission.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 6
Saving jurisdiction to amend in cases not provided for.

6. Provided always, that nothing in this Act contained shall lessen
or take away the jurisdiction of any court to amend any fine or
common recovery, or any proceeding therein, in cases not provided
for by this Act.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 7
Recoveries made valid in certain cases where bargain and sale is
not duly inrolled.

7. No common recovery, already suffered or hereafter to be suffered,
shall be invalid in consequence of the neglect to inrol in due
time a bargain and sale purporting to make the tenant to the writ
of entry or other writ for suffering such recovery, provided such
recovery would have been valid if the bargain and sale purporting
to make the tenant to the writ had been duly inrolled.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 8
Recoveries invalid in consequence of there not being proper tenants
to the writs of entry made valid in certain cases.

8. No common recovery already suffered or hereafter to be suffered
shall be invalid in consequence of any person in whom an estate at
law was outstanding having omitted to make the tenant to the writ
of entry or other writ for suffering such recovery, provided the
person who was the owner of or had power to dispose of an estate
in possession, not being less than an estate for a life or lives
in the whole of the rents and profits of the lands in which such
estate at law was outstanding, or the ultimate surplus of such
rents and profits after payment of any charges thereout, and whether
any surplus after payment of such charges shall actually remain or
not, shall, within the time limited for making the tenant to the
writ for suffering such recovery, have conveyed or disposed of such
estate in possession to the tenant to such writ; and an estate
shall be deemed to be an estate in possession, notwithstanding there
shall be subsisting prior thereto any lease for lives or years,
absolute or determinable, upon which a rent is reserved, or any
term of years upon which no rent is reserved.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 9
Certain cases in which fines and recoveries shall not be made valid
by this Act.

9. Provided always, that where any fine or common recovery shall
before the passing of this Act have been wholly reversed, such fine
or recovery shall not be rendered valid by this Act; and where any
fine or common recovery shall before the passing of this Act have
been reversed as to some only of the parties thereto, or as to
some only of the lands therein comprised, such fine or recovery
shall not be rendered valid by this Act so far as the same shall
have been reversed; and where any person who would have been barred
by any fine or common recovery, if valid, shall before the passing
of this Act have had any dealings with the lands comprised in such
fine or recovery on the faith of the same being invalid, such fine
or recovery shall not be rendered valid by this Act; and this Act
shall not render valid any fine or common recovery as to lands of
which any person shall at the time of the passing of this Act be
in possession in respect of any estate which the fine or common
recovery if valid would have barred, nor any fine or common
recovery which before the passing of this Act any court of
competent jurisdiction shall have refused to amend; nor shall this
Act prejudice or affect any proceedings at law or in equity pending
at the time of the passing of this Act, in which the validity of
such fine or recovery shall be in question between the party
claiming under such fine or recovery and the party claiming
adversely thereto; and such fine or recovery, if the result of such
proceedings shall be to invalidate the same, shall not be rendered
valid by this Act; and if such proceedings shall abate or become
defective in consequence of the death of the party claiming under
or adversely to such fine or recovery, any person who but for this
Act would have a right of action or suit by reason of the
invalidity of such fine or recovery shall retain such right, so
that he commence proceedings within six calendar months after the
death of such party.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 10
Regulations as to the records of fines and recoveries in the High
Court.

10. The records of all fines and common recoveries levied and
suffered in [the High Court of Justice in Northern Ireland], and
all the proceedings thereof, shall be deposited in such places and
kept by such persons as the said [High Court] shall from time to
time order or direct; and... searches may be made, and extracts or
copies obtained, at such times and on paying such fees as shall
from time to time be ordered by the said court; and the extracts
or copies so obtained shall be as available in evidence as they
would have been if obtained from the person whose duty it would
have been to have made and delivered out the same if this Act had
not been passed.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 11
Estates tail, and estates expectant thereon, no longer barrable by
warranty.

11. All warranties of lands which after the thirty-first day of
October one thousand eight hundred and thirty-four shall be made or
entered into by any tenant in tail thereof shall be absolutely void
against the issue in tail, and all persons whose estates are to
take effect after the determination or in defeasance of the estate
tail.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 12
Power of actual tenant in tail, after 31st October, 1834, to
dispose of entailed lands in fee simple, or for a less estate,
saving the rights of certain persons.

12. After the thirty-first day of October one thousand eight hundred
and thirty-four every actual tenant in tail, whether in possession,
remainder, contingency, or otherwise, shall have full power to
dispose of, for an estate in fee simple absolute, or for any less
estate, the lands entailed, as against all persons claiming the
lands entailed by force of any estate tail which shall be vested
in or might be claimed by, or which but for some previous Act
would have been vested in or might have been claimed by, the
person making the disposition, at the time of his making the same,
and also as against all persons whose estates are to take effect
after the determination or in defeasance of any such estate tail,
including the King's most excellent Majesty, as regards the title of
His Majesty to any reversion or remainder created or reserved by
any settlement or will, and which reversion or remainder shall have
come or shall hereafter come, to the crown in consequence of the
attainder of any person to whom the forfeited reversion or remainder
was previously to such forfeiture limited by any settlement or will,
but not in any other case, or where the title to the crown shall
have accrued by any other means; saving always the rights of all
persons in respect of estates prior to the estate tail in respect
of which such disposition shall be made, and the rights of all
other persons, except those against whom such disposition is by this
Act authorized to be made.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 13
Power of disposition not to be exercised by women tenants in tail
ex provisione viri under 1634 c.8 (10 Cha.1, sess.2) (I) except
with assent.

13. Provided always, that where, under any settlement made before
the passing of this Act, any woman shall be tenant in tail of
lands within the provisions of an Act passed in the tenth year of
the reign of His Majesty King Charles the First, intituled, "An Act
for the exposition of the Statute of Fines", the power of
disposition hereinbefore contained as to such lands shall not be
exercised by her, except with such assent as, if this Act had not
been passed, would under the provisions of the said Act of King
Charles the First have rendered valid a fine or common recovery
levied or suffered by her of such lands.

S.14 rep. by SLR 1874

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 15
Proviso as to certain tenants in tail.

15. Provided always, that the power of disposition herein-before
contained shall not extend to tenants in tail after possibility of
issue extinct.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 16
Power, after the 31st of October, 1834, to enlarge base fees;
saving the rights of certain persons.

16. After the thirty-first day of October one thousand eight hundred
and thirty-four, in every case in which an estate tail in any
lands shall have been barred and converted into a base fee, either
before or on or after that day, the person who if such estate
tail had not been barred would have been actual tenant in tail of
the same lands shall have full power to dispose of such lands as
against all persons whose estates are to take effect after the
determination or in defeasance of the base fee into which the
estate tail shall have been converted, so as to enlarge the base
fee into a fee simple absolute, including the King's most excellent
Majesty, as regards the title of His Majesty to any reversion or
remainder created or reserved by any settlement or will, and which
reversion or remainder shall have come or shall hereafter come to
the crown in consequence of the attainder of any person to whom
the forfeited reversion or remainder was previously to such
forfeiture limited by any settlement or will, but not in any other
case, or where the title to the crown shall have accrued by any
other means; saving always the rights of all persons in respect of
estates prior to the estate tail which shall have been converted
into a base fee, and the rights of all other persons, except those
against whom such disposition is by this Act authorized to be made:
Provided always, that nothing in this Act contained shall authorize
any tenant in tail or other person to defeat or bar any estate or
interest which may at the time of passing this Act have been
granted to any person or persons by His Majesty, or any of his
predecessors, in any reversion or remainder which may have come to
the crown by attainder or otherwise.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 17
Issue inheritable not to bar expectancies.

17. Provided always, that nothing in this Act contained shall enable
any person to dispose of any lands entailed in respect of any
expectant interest or possibility which he may have as issue
inheritable to any estate tail therein.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 18
Extent of the estate created by a tenant in tail by way of
mortgage, or for any other limited purpose.

18. Provided always, that if a tenant in tail of lands shall make
a disposition of the same under this Act by way of mortgage, or
for any other limited purpose, then and in such case such
disposition shall, to the extent of the estate thereby created, be
an absolute bar in equity as well as at law to all persons as
against whom such disposition is by this Act authorized to be made,
notwithstanding any intention to the contrary may be expressed or
implied in the deed by which the disposition may be effected:
Provided always, that if the estate created by such disposition
shall be only an estate pour autre vie, or for years absolute or
determinable, or if, by a disposition under this Act by a tenant
in tail of lands, an interest, charge, lien, or incumbrance shall
be created, without a term of years absolute or determinable, or
any greater estate, for securing or raising the same, then such
disposition shall in equity be a bar only so far as may be
necessary to give full effect to the mortgage, or to such other
limited purpose, or to such interest, lien, charge, or incumbrance,
notwithstanding any intention to the contrary may be expressed or
implied in the deed by which the disposition may be effected.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 19
The owner of the first existing estate under a settlement, prior to
an estate tail under the same settlement, to be the protector of
the settlement.

19. If at the time when there shall be a tenant in tail of lands
under a settlement there shall be subsisting in the same lands or
any of them under the same settlement any estate for years
determinable on the dropping of a life or lives, or any greater
estate (not being an estate for years), prior to the estate tail,
then the person who shall be the owner of the prior estate, or
the first of such prior estates if more than one, then subsisting
under the same settlement, or who would have been so if no
absolute disposition thereof had been made, (the first of such prior
estates, if more than one, being for all the purposes of this Act
deemed the prior estate,) shall be the protector of the settlement
so far as regards the lands in which such prior estate shall be
subsisting, and shall for all the purposes of this Act be deemed
the owner of such prior estate, although the same may have been
charged or incumbered, either by the owner thereof or by the
settlor, or otherwise howsoever, and although the whole of the rents
and profits be exhausted or required for the payment of the charges
and incumbrances on such prior estate, and although such prior
estate may have been absolutely disposed of by the owner thereof or
by or in consequence of the bankruptcy or insolvency of such owner
or by any other act or default of such owner; and an estate by
the curtesy, in respect of the estate tail, or of any prior estate
created by the same settlement, shall be deemed a prior estate
under the same settlement, within the meaning of this clause; and
an estate by way of resulting use or trust to or for the settlor
shall be deemed an estate under the same settlement within the
meaning of this clause.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 20
Each of two or more owners of a prior estate to be the sole
protector as to his share.

20. Provided always, that where two or more persons shall be
owners, under a settlement within the meaning of this Act, of a
prior estate, the sole owner of which estate, if there had been
only one, would in respect thereof have been the protector of such
settlement, each of such persons in respect of such undivided share
as he could dispose of, shall for all the purposes of this Act be
deemed the owner of a prior estate; and shall, in exclusion of the
other or others of them, be the sole protector of such settlement
to the extent of such undivided share.

S.21 rep. by 1937 c.9 (NI) s.13(2) sch.2

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 22
Power to dispose of estates in lands not being vested estates.

22. From and after the thirty-first day of October one thousand
eight hundred and thirty-four it shall be lawful for any person,
either before or after he shall become entitled in any manner,
except an expectant heir of a living person, or as expectant heir
of the body of a living person, to an estate in lands, not being
a vested estate, and whether he be or be not ascertained as the
person or one of the persons in whom the same may become vested,
to dispose of such lands for the whole or any part of such estate
therein by any assurance, whether deed, will, or any other
instrument by which he could have made such disposition if such
estate were a vested estate in possession: Provided nevertheless,
that no such disposition shall be valid or have any effect where
the person making the same shall not at the time of the
disposition have become entitled to such estate, unless the deed,
will, or other instrument by virtue of which he may become entitled
be existing and in operation at the time of the disposition.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 23
Proviso as to protector in case of estates confirmed or restored by
settlement.

23. Provided always, that except in the case of a lease
herein-after provided for, where an estate shall be limited by a
settlement by way of confirmation, or where the settlement shall
merely have the effect of restoring an estate, in either of those
cases such estate shall for the purposes of this Act, so far as
regards the protector of the settlement, be deemed an estate
subsisting under such settlement.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 24
Proviso as to leases at rent created or confirmed by settlement.

24. Provided always, that where a lease at a rent shall be created
or confirmed by a settlement, the person in whose favour such lease
shall be created or confirmed shall not in respect thereof be the
protector of such settlement.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 25
No tenant in dower, bare trustee, heir, executor, &c. (except as
hereafter mentioned) to be protector.

25. Provided always, that [no woman in respect of her dower, and]
(except in the case herein-after provided for of a bare trustee
under a settlement made before the thirty-first day of October one
thousand eight hundred and thirty-four) no bare trustee, heir,
executor, administrator, or assign, in respect of any estate taken
by him as such bare trustee, heir, executor, administrator, or
assign, shall be the protector of a settlement.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 26
Who shall be the protector where the owner of the prior estate
shall by the two last clauses be excluded.

26. Provided always, that where under any settlement there shall be
more than one estate prior to an estate tail, and the person who
shall be the owner within the meaning of this Act of any such
prior estate, in respect of which but for the two last preceding
clauses or either of them he would have been the protector of the
settlement, shall by virtue of such clauses or either of them be
excluded from being the protector, then and in such case the person
(if any) who, if such estate did not exist, would be the protector
of the settlement, shall be such protector.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 27
Where, in the disposition of an estate before 31st October, 1834,
the person to make the tenant to the writ of entry in a recovery
shall be the protector.

27. Provided always, that where already or before the thirty-first
day of October one thousand eight hundred and thirty-four an estate
under a settlement shall have been disposed of either absolutely or
otherwise, and either for valuable consideration or not, the person
who in respect of such estate would, if this Act had not been
passed, have been the proper person to have made the tenant to the
writ of entry or other writ for suffering a common recovery of the
lands entailed by such settlement, shall, during the continuance of
the estate which conferred the right to make the tenant to such
writ of entry or other writ, be the protector of such settlement.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 28
Where, in the disposition of a reversion before 31st October, 1834,
the person to make the tenant to the writ of entry in a recovery
shall be the protector.

28. Provided always, that where any person having, either already or
before the thirty-first day of October one thousand eight hundred
and thirty-four, either for valuable consideration or not, disposed
of, either absolutely or otherwise, a remainder or reversion in fee
in any lands, or created any estate out of such remainder or
reversion, would under this Act, if this clause had not been
inserted, have been the protector of the settlement by which the
lands were entailed in which such remainder or reversion may be
subsisting, and thereby be enabled to concur in the barring of such
remainder or reversion, which he could not have done if he had not
become such protector, then and in every such case the person who,
if this Act had not been passed, would have been the proper person
to have made the tenant to the writ of entry or other writ for
suffering a common recovery of such lands, shall, during the
continuance of the estate which conferred the right to make the
tenant to such writ of entry or other writ, be the protector of
such settlement.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 29
Where a bare trustee under a settlement made before the passing of
this Act shall be the protector.

29. Provided always, that where under any settlement of lands made
before the passing of this Act the person who, if this Act had
not been passed, would have been the proper person to make the
tenant to the writ of entry or other writ for suffering a common
recovery of such lands for the purpose of barring any estate tail
or other estate under such settlement, shall be a bare trustee,
such trustee shall, during the continuance of the estate conferring
on him the right to make the tenant to such writ of entry or
other writ, be the protector of such settlement.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 30
Power to any settlor to appoint the protector.

30. Provided always, that it shall be lawful for any settlor
entailing lands to appoint, by the settlement by which the lands
shall be entailed, any number of persons in esse, not exceeding
three, and not being aliens, to be protector of the settlement in
lieu of the person who would have been the protector if this
clause had not been inserted, and either for the whole or any part
of the period for which such person might have continued protector,
and by means of a power to be inserted in such settlement to
perpetuate during the whole or any part of such period the
protectorship of the settlement in any one person or number of
persons in esse, and not being an alien or aliens; whom the donee
of the power shall think proper by deed to appoint protector of
the settlement, in the place of any one person or number of
persons who shall die or shall by deed relinquish his or their
office of protector; and the person or persons so appointed shall,
in case of there being no other person then protector of the
settlement, be the protector, and shall, in case of there being any
other person then protector of the settlement, be protector jointly
with such other person: Provided nevertheless, that by virtue or
means of any such appointment the number of the persons to compose
the protector shall never exceed three: Provided further nevertheless,
that every deed by which a protector shall be appointed under a
power in a settlement, and every deed by which a protector shall
relinquish his office, shall be void, unless inrolled in [the High
Court of Justice in Northern Ireland] within six calendar months
after the execution thereof: Provided further nevertheless, that the
person who but for this clause would have been sole protector of
the settlement may be one of the persons to be appointed protector
under this clause, if the settlor shall think fit, and shall,
unless otherwise directed by the settlor, act as sole protector if
the other persons constituting the protector shall have ceased to be
so by death or relinquishment of the office by deed, and no other
person shall have been appointed in their place.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 31
In cases of lunacy, the lord-chancellor, &c., and in cases of
infancy, &c. the High Court to be the protector.

31. Provided always, that if any person, protector of a settlement
shall be lunatic, idiot, or of unsound mind, and whether he shall
have been found such by inquisition or not, then the lord high
chancellor of Ireland... intrusted by the King's sign manual with
the care and commitment of the custody of the persons and estates
of persons found lunatic, idiot, and of unsound mind, shall be the
protector of such settlement in lieu of the person who shall be
such lunatic or idiot or of unsound mind as aforesaid; [and] if
any person, not being the owner of a prior estate under a
settlement, shall be protector of such settlement, and shall be an
infant, or if it shall be uncertain whether such last-mentioned
person be living or dead, then [the High Court of Justice in
Northern Ireland] shall be the protector of such settlement in lieu
of the person who shall be an infant, or whose existence cannot be
ascertained as aforesaid; or if any settlor entailing lands shall in
the settlement by which the lands shall be entailed declare that
the person who as owner of a prior estate under such settlement
would be entitled to be protector of the settlement, shall not be
such protector, and shall not appoint any person to be protector in
his stead, then the said [High Court] shall, as to the lands in
which such prior estate shall be subsisting, be the protector of
the settlement during the continuance of such estate; or if in any
other case where there shall be subsisting under a settlement an
estate prior to an estate tail under the same settlement, and such
prior estate shall be sufficient to qualify the owner thereof to be
protector of the settlement, and there shall happen at any time to
be no protector of the settlement as to the lands in which the
prior estate shall be subsisting, the said [High Court] shall, while
there shall be no such protector, and the prior estate shall be
subsisting, be the protector of the settlement as to such lands.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 32
Where there is a protector, his consent shall be requisite to
enable an actual tenant in tail to create a larger estate than a
base fee.

32. Provided always, that if at the time when any person, actual
tenant in tail of lands under a settlement, but not entitled to
the remainder or reversion in fee immediately expectant on the
determination of his estate tail, shall be desirous of making under
this Act a disposition of the lands entailed, there shall be a
protector of such settlement, then and in every such case the
consent of such protector shall be requisite to enable such actual
tenant in tail to dispose of the lands entailed to the full extent
to which he is herein-before authorized to dispose of the same; but
such actual tenant in tail may without such consent make a
disposition under this Act of the lands entailed, which shall be
good against all persons who, by force of any estate tail which
shall be vested in or might be claimed by, or which but for some
previous act or default would have been vested in or might have
been claimed by, the person making the disposition at the time of
his making the same, shall claim the lands entailed.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 33
Where there is a base fee, and a protector, his consent shall be
requisite to the exercise of the power of disposition.

33. Provided always, that, where an estate tail shall have been
converted into a base fee, in such case, so long as there shall
be a protector of the settlement by which the estate tail was
created, the consent of such protector shall be requisite to enable
the person who would have been tenant of the estate tail if the
same had not been barred to exercise, as to the lands in respect
of which there shall be such protector, the power of disposition
herein-before contained.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 34
The protector to be subject to no control in the exercise of his
power of consenting.

34. Any device, shift, or contrivance by which it shall be
attempted to control the protector of a settlement in giving his
consent, or to prevent him in any way from using his absolute
discretion in regard to his consent, and also any agreement entered
into by the protector of a settlement to withhold his consent,
shall be void; and the protector of a settlement shall not be
deemed to be a trustee in respect of his power of consent; and a
court of equity shall not control or interfere to restrain the
exercise of his power or consent, nor treat his giving consent as
a breach of trust.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 35
Certain rules of equity not to apply between a protector and a
tenant in tail.

35. Provided always, that the rules of equity in relation to
dealings and transactions between the donee of a power and any
object of the power in whose favour the same may be exercised,
shall not be held to apply to dealings and transactions between the
protector of a settlement and a tenant in tail under the same
settlement, upon the occasion of the protector giving his consent to
a disposition by a tenant in tail under this Act.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 36
A voidable estate by a tenant in tail, in favour of a purchaser,
shall be confirmed by a subsequent disposition of such tenant in
tail under this Act, but not against a purchaser without notice.

36. Provided always, that when a tenant in tail of lands under a
settlement shall have already created or shall hereafter create in
such lands or any of them a voidable estate in favour of a
purchaser for valuable consideration, and shall afterwards under this
Act, by any assurance other than a lease not requiring inrolment,
make a disposition of the lands in which such voidable estate shall
be created, or any of them, such disposition, whatever its object
may be, and whatever may be the extent of the estate intended to
be thereby created, shall, if made by the tenant in tail with the
consent of the protector (if any) of the settlement, or by the
tenant in tail alone if there shall be no such protector, have the
effect of confirming such voidable estate in the lands thereby
disposed of to its full extent as against all persons except those
whose rights are saved by this Act; but if at the time of making
the disposition there shall be a protector of the settlement, and
such protector shall not consent to the disposition, and the tenant
in tail shall not without such consent be capable under this Act
of confirming the voidable estate to its full extent, then and in
such case such disposition shall have the effect of confirming such
voidable estate so far as such tenant in tail would then be
capable under this Act of confirming the same without such consent:
Provided always, that if such disposition shall be made to a
purchaser for valuable consideration, who shall not have express
notice of the voidable estate, and if the deed or instrument
creating such voidable estate shall not have been registered previous
to such disposition, then and in such case the voidable estate
shall not be confirmed as against such purchaser and the persons
claiming under him.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 37
Base fees, when united with the immediate reversions, enlarged
instead of being merged.

37. If a base fee in any lands, and the remainder or reversion in
fee in the same lands, shall at the time of the passing of this
Act, or at any time afterwards, be united in the same person, and
at any time after the passing of this Act there shall be no
intermediate estate between the base fee and the remainder or
reversion, then and in such case the base fee shall not merge, but
shall be ipso facto enlarged into as large an estate as the tenant
in tail, with the consent of the protector, if any, might have
created by any disposition under this Act, if such remainder or
reversion had been vested in any other person.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 38
Tenant in tail to make a disposition by deed, as if seised in
fee, but not by will or contract.

38. Every disposition of lands under this Act by a tenant in tail
thereof shall be effected by some one of the assurances (not being
a will) by which such tenant in tail could have made the
disposition if his estate were an estate at law in fee simple
absolute: Provided nevertheless, that no disposition by a tenant in
tail shall be of any force either at law or in equity under this
Act, unless made or evidenced by deed; and that no disposition by
a tenant in tail, resting only in contract, either express or
implied, or otherwise, and whether supported by a valuable or
meritorious consideration or not, shall be of any force at law or
in equity under this Act, notwithstanding such disposition shall be
made or evidenced by deed;....

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 39
Every assurance by a tenant in tail, except a lease not exceeding
21 years at a rack rent, or not less than five sixths of a rack
rent, to be inoperative unless inrolled in High Court within six
months.

39. Provided always, that no assurance by which any disposition of
lands shall be effected under this Act by a tenant in tail thereof
(except a lease for any term not exceeding twenty-one years, to
commence from the date of such lease, or from any time not
exceeding twelve calendar months from the date of such lease, where
a rent shall be thereby reserved which at the time of granting
such lease shall be a rack rent, or not less than five sixth
parts of a rack rent,) shall have any operation under this Act,
unless it be inrolled in [the High Court of Justice in Northern
Ireland] within six calendar months after the execution thereof; and
if the assurance by which any disposition of lands shall be
effected under this Act shall be a bargain and sale, such
assurance, although not inrolled within the time prescribed by the
Statute of Uses (Ireland) Act, 1634, shall, if inrolled in the said
[High Court] within the time prescribed by this clause, be as good
and valid as the same would have been if the same had been
inrolled in the said court within the time prescribed by the said
Act of the tenth year of the reign of King Charles the First.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 40
Consent of the protector to be given by the same assurance or by
a distinct deed.

40. The consent of the protector of a settlement to the disposition
under this Act of a tenant in tail shall be given either by the
same assurance by which the disposition shall be effected, or by a
deed distinct from the assurance, and to be executed either on or
at any time before the day on which the assurance shall be made,
otherwise the consent shall be void.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 41
If by distinct deed, the consent shall be considered unqualified,
unless it be expressly limited.

41. If the protector of a settlement shall, by a distinct deed,
give his consent to the disposition of a tenant in tail, it shall
be considered that such protector has given an absolute and
unqualified consent, unless in such deed he shall refer to the
particular assurance by which the disposition shall be effected, and
shall confine his consent to the disposition thereby made.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 42
Protector not to revoke his consent.

42. It shall not be lawful for the protector of a settlement, who
under this Act shall have given his consent to the disposition of
a tenant in tail, to revoke such consent.

S.43 rep. by SLR 1976

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 44
Consent of a protector by distinct deed void, unless inrolled with
or before the assurance.

44. Provided always, that the consent of a protector to the
disposition of a tenant in tail shall, if given by a deed distinct
from the assurance by which the disposition shall be effected by
the tenant in tail, be void, unless such deed be inrolled in [the
High Court] either at or before the time when the assurance shall
be inrolled.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 45
Courts of equity excluded from giving any effect to dispositions by
tenants in tail, or consents of protectors of settlements, which in
courts of law would not be effectual.

45. In cases of dispositions of lands under this Act by tenants in
tail thereof, and also in cases of consents by protectors of
settlements to dispositions of lands under this Act by tenants in
tail thereof, the jurisdiction of courts of equity shall be
altogether excluded, either on the behalf of a person claiming for
a valuable or meritorious consideration or not, in regard to the
specific performance of contracts and the supplying of defects in
the execution either of the powers of disposition given by this Act
to tenants in tail, or of the powers of consent given by this Act
to protectors of settlements and the supplying under any
circumstances of the want of execution of such powers of disposition
and consent respectively, and in regard to giving effect in any
other manner to any act or deed by a tenant in tail or protector
of a settlement which in a court of law would not be an effectual
disposition or consent under this Act; and no disposition of lands
under this Act by a tenant in tail thereof in equity, and no
consent by a protector of a settlement to a disposition of lands
under this Act by a tenant in tail thereof in equity, shall be of
any force, unless such disposition or consent would in case of an
estate tail at law be an effectual disposition or consent under
this Act in a court of law.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 46
Lord chancellor, when protector may consent to a disposition by
tenant in tail, and may make such orders as shall be thought
necessary; and if any other person is joint protector, the
disposition shall not be valid without his consent.

46. Provided always, that in every case in which the lord high
chancellor, ... intrusted with the care and commitment of the
custody of the persons and estates of persons found lunatic, idiot,
and of unsound mind, or [the High Court of Justice in Northern
Ireland], shall be the protector of a settlement, such lord high
chancellor, ... intrusted as aforesaid, or the said [High Court] (as
the case may be), while protector of such settlement, shall, on the
motion or petition in a summary way by a tenant in tail under
such settlement, have full power to consent to a disposition under
this Act by such tenant in tail, and the disposition to be made
by such tenant in tail upon such motion or petition as aforesaid
shall be such as shall be approved of by such lord high
chancellor, ... intrusted as aforesaid, or the said [High Court] (as
the case may be); and it shall be lawful for such lord high
chancellor,... intrusted as aforesaid, or the said [High Court] (as
the case may be), to make such orders in the matters as shall be
thought necessary; and if such lord high chancellor, ... intrusted
as aforesaid, or the said [High Court] (as the case may be),
shall, in lieu of any such person as aforesaid, be the protector
of a settlement, and there shall be any other person protector of
the same settlement jointly with such person as aforesaid, then and
in every such case the disposition by the tenant in tail, though
approved of as aforesaid, shall not be valid, unless such other
person being protector as aforesaid shall consent thereto in the
manner in which the consent of the protector is by this Act
required to be given.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 47
Order of the lord chancellor, &c., to be evidence of consent.

47. Provided always, that in every case in which the lord high
chancellor, ... intrusted with the care and commitment of the
custody of the persons and estates of persons found lunatic, idiot,
and of unsound mind, or [the High Court of Justice in Northern
Ireland], shall be the protector of a settlement, no document or
instrument, as evidence of the consent of such protector to the
disposition of a tenant in tail under such settlement, shall be
requisite, beyond the order in obedience to which the disposition
shall have been made.

S.48 rep. by SLR 1874

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 49
The commissioner, in the case of an actual tenant in tail becoming
bankrupt after 31st October, 1834, shall by deed dispose of the
lands entailed to a purchaser for the benefit of the creditors.

49. Any commissioner acting in the execution of any commission which
after the thirty-first day of October one thousand eight hundred and
thirty-four shall be issued in pursuance of the said Act passed in
the eleventh and twelfth years of the reign of King George the
Third, under which any person shall be adjudged a bankrupt, who at
the time of issuing such commission, or at any time afterwards
before he shall have obtained his certificate, shall be an actual
tenant in tail of lands of any tenure, shall by deed dispose of
such lands to a purchaser for valuable consideration, for the
benefit of the creditors of such actual tenant in tail, and shall
create by any such disposition as large an estate in the lands
disposed of as the actual tenant in tail, if he had not become
bankrupt, could have done under this Act at the time of such
disposition: Provided always, that if at the time of the disposition
of such lands, or any of them by such commissioner as aforesaid,
there shall be a protector of the settlement by which the estate
of such actual tenant in tail in the lands disposed of by such
commissioner was created, and the consent of such protector would
have been requisite to have enabled the actual tenant in tail, if
he had not become bankrupt, to have disposed of such lands to the
full extent to which if there had been no such protector he could
under this Act have disposed of the same, and such protector shall
not consent to the disposition, then and in such case the estate
created in such lands, or any of them, by the disposition of such
commissioner, shall be as large an estate as the actual tenant in
tail, if he had not become bankrupt, could at the time of such
disposition have created under this Act in such lands without the
consent of the protector.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 50
Commissioner, in case of a tenant in tail entitled to a base fee
in lands becoming bankrupt, and of there being no protector, shall
by deed dispose of such land to a purchaser.

50. Any commissioner acting in the execution of any such commission
as aforesaid, under which any person shall be adjudged a bankrupt
who, at the time of issuing such commission or at any time
afterwards before he shall have obtained his certificate, shall be a
tenant in tail entitled to a base fee in lands of any tenure,
shall by deed dispose of such lands to a purchaser for valuable
consideration for the benefit of the creditors of the person so
entitled as aforesaid, provided at the time of the disposition there
be no protector of the settlement by which the estate tail
converted into the base fee was created; and by such disposition
the base fee shall be enlarged into as large an estate as the
same could at the time of such disposition have been enlarged into
under this Act by the person so entitled, if he had not become
bankrupt.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 51
Consent of the protector, &c., in cases of bankruptcy.

51. The commissioner acting in the execution of any such commission
as aforesaid under which a person being, or before obtaining his
certificate becoming, an actual tenant in tail of lands of any
tenure, or a tenant in tail entitled to a base fee in lands of
any tenure, shall be adjudged a bankrupt, shall, if there shall be
a protector of the settlement by which the estate tail of such
actual tenant in tail, or the estate tail converted into a base
fee (as the case may be), was created, stand in the place of such
actual tenant in tail, or tenant in tail so entitled as aforesaid,
so far as regards the consent of such protector; and the
disposition of such lands or any of them by such commissioner as
aforesaid, if made with the consent of such protector, shall,
whether such commissioner may have made under this Act a prior
disposition of the same lands without the consent of such protector
or not, or whether a prior sale or conveyance of the same lands
shall have been made or not, under the said Act of the eleventh
and twelfth years of King George the Third, or any Acts hereafter
to be passed concerning bankrupts, have the same effect as such
disposition would have had if such actual tenant in tail or tenant
in tail so entitled as aforesaid had not become bankrupt, and such
disposition had been made by him under this Act with the consent
of such protector; and all the previous clauses in this Act, in
regard to the consent of the protector to the disposition of a
tenant in tail of lands not held by copy of court roll, and in
regard to the time and manner of giving such consent, and in
regard to the inrolment of the deed of consent, where such deed
shall be distinct from the assurance by which the disposition of
the commissioner shall be effected, shall, except so far as the
same may be varied by the clause next herein-after contained, apply
to every consent that may be given by virtue of this present
clause.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 52
Inrolment of the deed of disposition of lands by commissioner.

52. Every deed by which any commissioner acting in the execution of
any such commission as aforesaid shall, under this Act, dispose of
lands, shall be void unless inrolled in [the High Court of Justice
in Northern Ireland] within six calendar months after the execution
thereof.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 53
Subsequent enlargement of base fees created by the disposition of
the commissioner.

53. If any commissioner acting in the execution of any such
commission as aforesaid shall under this Act dispose of any lands
of any tenure of which the bankrupt shall be actual tenant in
tail, and in consequence of there being a protector of the
settlement by which the estate of such actual tenant in tail was
created, and of his not giving his consent, only a base fee shall
by such disposition be created in such lands; and if at any time
afterwards during the continuance of the base fee there shall cease
to be a protector of such settlement, then and in such case, and
immediately thereupon, such base fee shall be enlarged into the same
estate into which the same could have been enlarged under this Act,
if at the time of the disposition by such commissioner as aforesaid
there had been no such protector.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 54
Enlargement of base fees subsequent to the sale or conveyance of
the same under Bankruptcy Acts.

54. If a tenant in tail entitled to a base fee in lands of any
tenure shall be adjudged a bankrupt at the time when there shall
be a protector of the settlement by which the estate tail converted
into the base fee was created, and if such lands shall be sold or
conveyed under the said Act of the eleventh and twelfth years of
King George the Third, or any other Act hereafter to be passed
concerning bankrupts, and if at any time afterwards during the
continuance of the base fee in such lands there shall cease to be
a protector of such settlement, then and in such case, and
immediately thereupon, the base fee in such lands shall be enlarged
into the same estate into which the same could have been enlarged
under this Act, if at the time of the adjudication of such
bankruptcy there had been no such protector, and the commissioner
acting in the execution of the commission under which the tenant in
tail so entitled shall have been adjudged a bankrupt had disposed
of such lands under this Act.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 55
A voidable estate created in favour of a purchaser by an actual
tenant in tail or tenant in tail entitled to a base fee who
afterwards becomes bankrupt, shall be confirmed by the disposition of
the commissioner, if no protector, or being such with his consent,
or on there ceasing to be a protector, &c.; except against a
purchaser without notice.

55. Provided always, that where an actual tenant in tail of lands
of any tenure, or a tenant in tail entitled to a base fee in
lands of any tenure, shall have already created or shall hereafter
create in such lands, or any of them, a voidable estate in favour
of a purchaser for valuable consideration, and such actual tenant in
tail, or tenant in tail so entitled as aforesaid, shall be adjudged
a bankrupt under any such commission as aforesaid, and the
commissioner acting in the execution of such commission shall make
any disposition under this Act of the lands in which such voidable
estate shall be created, or any of them, then and in such case,
if there shall be no protector of the settlement by which the
estate tail of the actual tenant in tail, or the estate tail
converted into a base fee, as the case may be, was created, or
being such protector he shall consent to the disposition by such
commissioner as aforesaid, whether such commissioner may have made
under this Act a previous disposition of such lands or not, or
whether a prior sale or conveyance of the same lands shall have
been made or not under the said Act of the eleventh and twelfth
years of King George the Third, or any other Acts hereafter to be
passed concerning bankrupts, the disposition by such commissioner
shall have the effect of confirming such voidable estate in the
lands thereby disposed of to its full extent as against all
persons, except those whose rights are saved by this Act; and if
at the time of the disposition by such commissioner, in the case
of an actual tenant in tail, there shall be a protector, and such
protector shall not consent to the disposition of such commissioner
and such actual tenant in tail, if he had not been adjudged a
bankrupt, would not without such consent have been capable under
this Act of confirming the voidable estate to its full extent, then
and in such case such disposition shall have the effect of
confirming such voidable estate so far as such actual tenant in
tail, if he had not been adjudged a bankrupt, could at the time
of such disposition have been capable under this Act of confirming
the same without such consent; and if at any time after the
disposition of such lands by such commissioner, and while only a
base fee shall be subsisting in such lands, there shall cease to
be a protector of such settlement, and such protector shall not
have consented to the disposition by such commissioner, then and in
such case such voidable estate, so far as the same may not have
been previously confirmed, shall be confirmed to its full extent as
against all persons except those whose rights are saved by this
Act: Provided always, that if the disposition by any such
commissioner as aforesaid shall be made to a purchaser for valuable
consideration, who shall not have express notice of the voidable
estate, and if the deed or instrument making such voidable estate
shall not have been registered previous to such disposition, then
and in such case the voidable estate shall not be confirmed against
such purchaser and the persons claiming under him.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 56
Acts of a bankrupt tenant in tail void against any disposition
under this Act by the Commissioner.

56. All acts and deeds done and executed by a tenant in tail of
lands of any tenure who shall be adjudged a bankrupt under any
such commission as aforesaid, and which shall affect such lands or
any of them, and which, if he had been seised of or entitled to
such lands in fee simple absolute, would have been void against the
assignees of the bankrupt's estate and all persons claiming under
them, shall be void against any disposition which may be made of
such lands under this Act by such commissioner as aforesaid.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 57
Subject to the powers given to the commissioner, and to the estate
in the assignees, a bankrupt tenant in tail shall retain his powers
of disposition.

57. Provided always, that subject and without prejudice to the
powers of disposition given by this Act to the commissioner acting
in the execution of any such commission as aforesaid, under which a
person being, or before obtaining his certificate becoming, an actual
tenant in tail of lands of any tenure, or a tenant in tail
entitled to a base fee in lands of any tenure, shall be adjudged
a bankrupt, and also subject and without prejudice to the estate in
such lands which may be vested in the assignees of the bankrupt's
estate, and also subject and without prejudice to the rights of all
persons claiming under the said assignees in respect of such lands
or any of them such actual tenant in tail or tenant in tail so
entitled as aforesaid shall have the same powers of disposition
under this Act in regard to such lands, as he would have had if
he had not become bankrupt.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 58
The disposition by the commissioner of the lands of a bankrupt
tenant in tail shall, if the bankrupt be dead, have in the cases
herein mentioned the same operation as if he were alive.

58. Any disposition under this Act of lands of any tenure by any
commissioner acting in the execution of any such commission as
aforesaid, under which a person being, or before obtaining his
certificate becoming, an actual tenant in tail of such lands, or a
tenant in tail entitled to a base fee in such lands, shall be
adjudged a bankrupt, shall, although the bankrupt be dead at the
time of the disposition, be in the following cases as valid and
effectual as the same would have been, and have the same operation
under this Act as the same would have had, if the bankrupt were
alive; (that it to say,) in case at the time of the bankrupt's
decease there shall be no protector of the settlement by which the
estate tail of the actual tenant in tail, or the estate tail
converted into a base fee, (as the case may be,) was created; or
in case the bankrupt had been an actual tenant in tail of such
lands, and there shall at the time of the disposition be any issue
inheritable to the estate tail of the bankrupt in such lands, and
either no protector of the settlement by which the estate tail was
created, or a protector of such settlement who in the manner
required by this Act shall consent to the disposition, or a
protector of such settlement who shall not consent to the
disposition; or in case the bankrupt had been a tenant in tail
entitled to a base fee in such lands, and there shall at the time
of the disposition be any issue who, if the base fee had not been
created, would have been actual tenant in tail of such lands, and
either no protector of the settlement by which the estate tail
converted into a base fee was created, or a protector of such
settlement who in the manner required by this Act shall consent to
the disposition.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 59
Assignees to recover rents of the lands of the bankrupt of which
the commissioner has power to make disposition and to enforce
covenants, as the bankrupt could have done if not adjudged bankrupt.

59. The rents and profits of any lands of which any commissioner
acting in the execution of any such commission as aforesaid hath
power to make disposition under this Act shall, in the meantime and
until such disposition shall be made, or until it shall be
ascertained that such disposition shall not be required for the
benefit of the creditors of the person adjudged bankrupt under the
commission, be received by the assignees of the estate of the
bankrupt for the benefit of his creditors; and the assignees may
proceed by action of debt for the recovery of such rents and
profits, or may distrain for the same upon the lands subject to
the payment thereof, and in case any action of trespass shall be
brought for taking any such distress,... and also, in case any such
distress shall be replevied, shall have power to avow or make
cognizance generally in such manner and form as any landlord may
now do by virtue of the Landlord and Tenant Act (Ireland), 1741,
or by any other law or statute now in force or hereafter to be
made for the more effectually recovering of rent in arrear; and
such assignees, and their bailiffs, agents, and servants, shall also
have all such and the same remedies, powers, privileges, and
advantages of pleading, avowing, and making cognizance, and be
entitled to the same costs and damages, and the same remedies for
the recovery thereof, as landlords, their bailiffs, agents, and
servants, are now or hereafter may be by law entitled to have when
rent is in arrear; and such assignees shall also have the same
power and authority of enforcing the observance of all covenants,
conditions, and agreements in respect of the lands of which such
commissioner as aforesaid hath the power of disposition under this
Act, and in respect of the rents and profits thereof, and of entry
into and upon the same lands for the non-observance of any such
covenant, condition, and agreement, and of expelling and amoving
therefrom the tenants or other occupiers thereof, and of proceeding
under the various statutes passed in Ireland providing the remedies
of ejectment for the nonpayment of rent, and thereby determining and
putting an end to the estate of the persons who shall not have
observed such covenants, conditions, and agreements, as the bankrupt
would have had in case he had not been adjudged a bankrupt:
Provided always, that this clause shall apply to lands of any
tenure which any commissioner acting in the execution of any such
commission as aforesaid may have power to dispose of under this Act
after the bankrupt's decease.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 60
All the provisions of this Act in regard to bankrupts shall apply
to their lands in England.

60. All the provisions in this Act contained for the benefit of
the creditors of persons who under such commissions as aforesaid
shall be adjudged bankrupts after the thirty-first day of October
one thousand eight hundred and thirty-four, and for the confirmation
in consequence of bankruptcy of voidable estates created by them,
shall extend and apply to the lands of any tenure in England of
such persons, as fully and effectually as if this Act had
throughout extended to lands of any tenure in England.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 61
Deeds relating to the lands of bankrupts in England to be inrolled
in the High Court there.

61. Provided always, that in all cases of bankruptcy every deed of
disposition under this Act of lands in England by any commissioner
acting in the execution of any such commission as aforesaid, and
also every deed by which the protector of a settlement of lands in
England shall consent, shall be inrolled in [the High Court of
Justice] in England within six calendar months after the execution
thereof, and not in [the High Court of Justice in Northern
Ireland].

S.62 rep. by SLR 1874

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 63
The previous clauses, with certain variations, to apply to lands of
any tenure to be sold where the purchase money is subject to be
invested in the purchase of lands to be entailed, and where money
is subject to be invested in like manner.

63. Lands to be sold, whether freehold or leasehold, or of any
other tenure, where the money arising from the sale thereof shall
be subject to be invested in the purchase of lands to be settled
so that any person, if the lands were purchased, would have an
estate tail therein, and also money subject to be invested in the
purchase of lands to be settled so that any person, if the lands
were purchased, would have an estate tail therein, shall for all
the purposes of this Act be treated as the lands to be purchased,
and be considered subject to the same estates as the lands to be
purchased would, if purchased, have been actually subject to; and
all the previous clauses in this Act, so far as circumstances will
admit, shall in the case of the lands to be sold as aforesaid,
being either freehold or leasehold, or of any other tenure, apply
to such lands in the same manner as if the lands to be purchased
with the money to arise from the sale thereof were directed to be
freehold, and were actually purchased and settled, and shall, in the
case of money subject to be invested in the purchase of lands to
be so settled as aforesaid, apply to such money in the same manner
as if such money were directed to be laid out in the purchase of
freehold lands, and such lands were actually purchased and settled;
save and except that in every case where under this clause a
disposition shall be to be made of leasehold lands for years,
absolute or determinable, so circumstanced as aforesaid, or of money
so circumstanced as aforesaid, such leasehold lands or money shall,
as to the person in whose favour or for whose benefit the
disposition is to be made, be treated as personal estate; and,
except in case of bankruptcy, the assurance by which the disposition
of such leasehold lands or money shall be effected shall be an
assignment by deed, which shall have no operation under this Act,
unless inrolled in [the High Court], within six calendar months
after the execution thereof; and in every case of bankruptcy the
disposition of such leasehold lands or money shall be made by the
commissioner, and completed by inrolment in the same manner as
herein-before required in regard to lands.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 64
In cases of bankruptcy, lands of any tenure in England to be sold,
where the purchase money is subject to be invested in the purchase
of lands to be entailed, and money under the control of a court
of equity in England, subject to be invested in like manner, shall
be subject to this Act.

64. So far as regards any person adjudged a bankrupt under any
such commission as aforesaid, the provisions of the clause lastly
herein-before contained shall, for the benefit of the creditors of
the bankrupt, apply to lands in England to be sold, whether
freehold or leasehold or of any other tenure, where the money
arising from the sale thereof shall be subject to be invested in
the purchase of lands to be settled so that the bankrupt, if the
lands were purchased, would have an estate tail therein, and also
to money under the control of any court of equity in England, or
of or to which any individuals as trustees may be possessed or
entitled in England, and which shall be subject to be invested in
the purchase of lands to be settled so that the bankrupt, if the
lands were purchased, would have an estate tail therein, as fully
and effectually as if this Act had throughout extended to England:
Provided always, that every deed to be executed by any commissioner
or protector, in pursuance of this clause, in regard to lands in
England to be sold as aforesaid, shall be inrolled in [the High
Court of Justice] in England within six calendar months after the
execution thereof; but every deed to be executed by any commissioner
or protector in pursuance of this clause, in regard to money
subject to be invested in the purchase of lands to be so settled
as aforesaid, shall be inrolled in [the High Court of Justice in
Northern Ireland] within six calendar months after the execution
thereof, and not in [the High Court of Justice] in England.

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 65
Deeds need not be acknowledged before inrolment.

65. Any rule or practice requiring deeds to be acknowledged before
inrolment shall not apply to any deed by this Act required to be
inrolled in [the High Court of Justice in Northern Ireland].

FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 66
Deeds to be inrolled shall after inrolment take effect as if
inrolment not required, except as to purchasers under subsequent
deeds previously inrolled.

66. Every deed required to be inrolled in [the High Court of
Justice in Northern Ireland], by which lands or money subject to be
invested in the purchase of lands shall be disposed of under this
Act, shall, when inrolled as required by this Act, operate and take
effect in the same manner as it would have done if the inrolment
thereof had not been required, except that every such deed shall be
void against any person claiming the lands or money thereby disposed
of, or any part thereof, for valuable consideration, under any
subsequent deed duly inrolled under this Act, if such subsequent
deed shall be first inrolled.

Ss.6782 rep. by SLR 1874; 1882 c.39 s.7 sch.; SLR 1891; SLR (NI)
1954; 1962 c.30 s.30(2) sch.4 Pt.IV; SLR 1976