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FINES AND RECOVERIES ACT 1833 - SECT 71

The previous clauses, with certain variations, shall 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 also to money subject to be invested in like manner.

71. 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 the 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 His Majesty's High Court of Chancery 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 ....


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