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Who shall be deemed “Owner” of the Reversion;
and Lease or Under-lease in Perpetuity.
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XXXV. And be it enacted, That for the Purposes of this Act every Person seised of or entitled at Law or in Equity to the Reversion expectant on any Lease in Perpetuity as Tenant in Fee Simple or in Fee Tail, General or Special, or as Tenant in Dower or by the Curtesy, or for Life or Lives, or for Years determinable on a Life or Lives, or for a Term of Years absolute of which Forty Years or more are unexpired at the Time of the Application for a Grant under this Act, and also every Feoffee or Trustee (for charitable or other Purposes whatsoever) of any such Reversion as aforesaid, for any such Estate or Interest therein as aforesaid (whether such Estate or Interest be or not determinable upon the Execution or Fulfilment of any Trusts), who is in the actual Receipt of the Rent reserved by any Lease in Perpetuity, and every Executor or Administrator who in that Capacity, or as a special Occupant of an Estate pour autre Vie, or as being entitled to an Estate pour autre Vie under any Statute or otherwise, is in such Receipt as aforesaid, and also any Archbishop, Bishop, Parson, or other Ecclesiastical Person as to a Reversion held by him in his Corporate Capacity, shall be deemed to be the Owner of the Reversion; and every Person entitled at Law or in Equity to a Lease or Under-lease in Perpetuity for the whole Estate created or agreed to be created by such Lease or Under-lease, or for any derivative Estate (created by any Instrument other than an Under-lease at a Rent) in Tail, or quasi in Tail, for Life or Lives, or for a Term of Years absolute, of which not less than Twenty Years or more are unexpired at the Time of the Application under this Act for a Grant to or by the Owner of such Lease or Under-lease, and also every Feoffee or Trustee (for charitable or other Purposes whatsoever) of any such Lease or Under-lease in Perpetuity as aforesaid, for such Estate therein as aforesaid (whether such Estate be or not determinable upon the Execution or Fulfilment of any Trusts), who is in the actual Possession of the Land or in Receipt of the Rents payable by the Tenants thereof, and every Executor or Administrator who in that Capacity, or as a special Occupant of an Estate pour autre Vie, or as being entitled to an Estate pour autre Vie under any Statute or otherwise, is in such Possession or Receipt as aforesaid, shall be deemed the Owner of such Lease or Under-lease in Perpetuity; and where a Feme Covert is entitled to Rents and Profits for her separate Use (whether or not she be restrained from Anticipation) she shall, for the Purposes of this Act, be considered a Feme Sole: Provided always, that no Person shall be deemed an Owner for the Purposes of this Act of the Reversion, or of any Lease of Under-lease in Perpetuity, by reason of any Estate vested i him which has been created, by way of Mortgage, or for securing the Payment of any Sum of Money, unless he be in the Receipt of the Rent incident to the Reversion, or in Possession of the Land comprised in such Lease or Under-lease or in Receipt of the Rents payable by the Tenants thereof, (as the Case may be,) but the Person who would be deemed the Owner for the Purposes of this Act of such Reversion, or Lease or Under-lease in Perpetuity, if such Estate by way of Mortgage or for securing Payment had not been created, shall, notwithstanding such Estate, be deemed such Owner as aforesaid: Provided also, that where several Persons in succession have in the Reversion, or Lease or Under-lease in Perpetuity such Estates or Interests as Would under this Enactment entitled each of them to be deemed the Owner, such of the said Persons shall be deemed the Owner for the Purposes of this Act as is in Receipt of the Rent incident to the Reversion, or in Possession of the Land comprised in such Lease or Under-lease, on in Receipt of the Rents payable by the Tenants thereof, as the Case may be; or in case the Person in such Receipt or Possession be not entitled to be deemed the Owner under this Enactment, then the Person who has the first such Estate on Interest as aforesaid in Reversion or Remainder to or above the Estate or Interest of the Person in such Receipt or Possession shall be deemed the Owner of such Reversion, or Lease or Under-lease in Perpetuity; provided also, that in every Case in which any Person, not being the Owner as herein-before defined, is in Possession or Receipt as herein-before mentioned under any Charge, or any Sequestration, Extent, Elegit, or other Writ of Execution, or as a Receiver under any Decree or Order of a Court of Equity, the Person in Possession or in Receipt of the Rents by Virtue of such Charge, Sequestration, Extent, Elegit, Writ, Decree, or Order, shall, jointly with the Person who but for such Possession or Receipt would under this Enactment be deemed the Owner of the Reversion or Lease or Under-lease in Perpetuity, as the Case may be, be deemed to be the Owner for the Purposes of this Act of the Reversion or Lease or Under-lease in Perpetuity, as the Case may be.
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