BAILII [Home] [Databases] [World Law] [Search] [Feedback]

Northern Irish Legislation

You are here:  BAILII >> Databases >> Northern Irish Legislation >> FINES AND RECOVERIES ACT 1833

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


FINES AND RECOVERIES ACT 1833 - SECT 56

The commissioner, in the case of an actual tenant in tail becoming bankrupt after 31st Dec., 1833, shall by deed dispose of the entailed lands to a purchaser for the benefit of the creditors.

56. Any commissioner acting in the execution of any fiat which after the
thirty-first day of December one thousand eight hundred and thirty-three shall
be issued in pursuance of the said Act passed in the first and second years of
the reign of King William the Fourth, under which any person shall be adjudged
a bankrupt who at the time of issuing such fiat, 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.


[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

© 1833 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fara1833194/s56.html