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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 1

1.] In the construction of this Act the word "lands" 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
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 anything in the subject or context repugnant to such
construction.

© 1834 Crown Copyright

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