Fines and Recoveries (Ireland) Act 1834

Publication Date:January 01, 1834
Anno Regni GULIELMI IV. Britanniarum Regis,Quarto. An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance, inIreland .

(4 & 5 Will. 4) C A P. XCII.

[15th August 1834]

'BE it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritualand Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That 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 Sharethereof; and the Word ‘Estate’ shall extend to an Estatein 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 Tailis 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 BaseFee 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 ‘ Tenantin 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 Moneywhether 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 inEngland 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 Numberonly 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 any thing in the Subject or Context repugnant to such Construction.

S-II No Fine or Recovery to be levied or suffered after the 31st of October 1834.

II No Fine or Recovery to be levied or suffered after the 31st of October 1834.

II. And be it further enacted, That after the Thirty-first Day ofOctober 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.

S-III Persons liable after 31st October 1834 to levy Fines or suffer Recoveries under Covenants, to effect the Purposes intended by means of this Act; but if 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.

III Persons liable after 31st October 1834 to levy Fines or suffer Recoveries under Covenants, to effect the Purposes intended by means of this Act; but if 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.

III. 'And be it further enacted, That in case any Person shall, after the Thirty-first Day ofOctober 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 safer 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 affect 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.

S-IV Fines made valid without Amendment.

IV Fines made valid without Amendment.

IV. And be it further enacted, That 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 or 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.

S-V Recoveries made valid without Amendment.

V Recoveries made valid without Amendment.

V. And be it further enacted, That if it shall be apparent, from the Deed making the Tenant to the Writ of Entry or other...

To continue reading

Request your trial