Fines and Recoveries (Ireland) Act 1834
FINES AND RECOVERIES (IRELAND) ACT 1834 | ||
CAP. XCIL | ||
An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance in Ireland. [15th August 1834.] | ||
Meaning of certain Words and Expressions: “Lands.” “Estate.” | ||
“Base Fee.” | ||
“Estate Tail.” | ||
“Actual Tenant in Tail.” | ||
“Tenant in Tail.” | ||
“Tenant in Tail entitled to a Base Fee.” | ||
“Money.” | ||
“Person.” | ||
Number and Gender. | ||
Settlement. | ||
BE it enacted by the King’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, That in the Construction of this Act the Word “ands” 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 occuring 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. |