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FINES AND RECOVERIES ACT 1833 - SECT 1

1.] In the construction of this Act the word "lands" shall extend to manors,
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,
lien, or incumbrance in, upon, or affecting lands, either at law or in equity,
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 Ireland or elsewhere out of England, 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 those 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.55 rep. by SLR 1874

© 1833 Crown Copyright

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