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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 3

Persons, after 31st October 1834, liable under covenants to levy fines or suffer recoveries shall effect the purposes intended by means of this Act; but if the purpose of a fine or recovery cannot be so effected, the persons liable to levy fines or suffer recoveries shall execute a deed which shall have the same operation as the fine or recovery.

3. In case any person shall, after the thirty-first day of October one
thousand eight hundred and thirty-four, be liable to levy a fine or suffer a
common recovery of lands of any tenure in Ireland, or to procure some other
person to levy a fine or suffer a common recovery of lands of any tenure,
under a covenant or agreement already entered into or hereafter to be entered
into before the first day of November one thousand eight hundred and
thirty-four, then and in such case, if all the purposes intended to be
effected by such fine or recovery can be effected by a disposition under
this Act, the person liable to levy such fine or suffer such recovery, or to
procure some other person to levy such fine or suffer such recovery, shall
after the thirty-first day of October one thousand eight hundred and
thirty-four be subject and liable under such covenant or agreement to make or
to procure to be made such a disposition under this Act as will effect all the
purposes intended to be effected by such fine or recovery; but if some only of
the purposes intended to be effected by such fine or recovery can be effected
by a disposition under this Act, then the person so liable to levy such fine
or suffer such recovery, or to procure some other person to levy such fine or
suffer such recovery as aforesaid, shall after the thirty-first day of October
one thousand eight hundred and thirty-four be subject and liable under such
covenant or agreement to make or procure to be made such a disposition under
this Act as will effect such of the purposes intended to be effected by such
fine or recovery as can be effected by a disposition under this Act; and in
those cases where the purposes intended to be effected by such fine or
recovery, or any of them, cannot be effected by any disposition under
this Act, then the person so liable to levy such fine or suffer such recovery,
or to procure some other person to levy such fine or suffer such recovery as
aforesaid, shall after the thirty-first day of October one thousand eight
hundred and thirty-four be liable under such covenant or agreement to execute
or to procure to be executed some deed whereby the person intended to levy
such fine or suffer such recovery shall declare his desire that such deed
shall have the same operation and effect as such fine or recovery would have
had if the same had been actually levied or suffered; and the deed by which
such declaration shall be made shall, if none of the purposes intended to be
effected by such fine or recovery can be effected by a disposition under
this Act, have the same operation and effect in every respect as such fine or
recovery would have had if the same had been actually levied or suffered; but
if some only of the purposes intended to be effected by such fine or recovery
can be effected by a disposition under this Act, then the deed by which such
declaration shall be made shall, so far as the purposes intended to be
effected by such fine or recovery cannot be effected by a disposition under
this Act, have the same operation and effect in every respect as such fine or
recovery would have had if the same had been actually levied or suffered.

© 1834 Crown Copyright

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