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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 30

Power to any settlor to appoint the protector.

30. Provided always, that it shall be lawful for any settlor entailing lands
to appoint, by the settlement by which the lands shall be entailed, any number
of persons in esse, not exceeding three, and not being aliens, to be protector
of the settlement in lieu of the person who would have been the protector if
this clause had not been inserted, and either for the whole or any part of the
period for which such person might have continued protector, and by means of a
power to be inserted in such settlement to perpetuate during the whole or any
part of such period the protectorship of the settlement in any one person or
number of persons in esse, and not being an alien or aliens; whom the donee of
the power shall think proper by deed to appoint protector of the settlement,
in the place of any one person or number of persons who shall die or shall by
deed relinquish his or their office of protector; and the person or persons so
appointed shall, in case of there being no other person then protector of the
settlement, be the protector, and shall, in case of there being any other
person then protector of the settlement, be protector jointly with such other
person: Provided nevertheless, that by virtue or means of any such appointment
the number of the persons to compose the protector shall never exceed three:
Provided further nevertheless, that every deed by which a protector shall be
appointed under a power in a settlement, and every deed by which a protector
shall relinquish his office, shall be void, unless inrolled in [the High Court
of Justice in Northern Ireland] within six calendar months after the execution
thereof: Provided further nevertheless, that the person who but for this
clause would have been sole protector of the settlement may be one of the
persons to be appointed protector under this clause, if the settlor shall
think fit, and shall, unless otherwise directed by the settlor, act as sole
protector if the other persons constituting the protector shall have ceased to
be so by death or relinquishment of the office by deed, and no other person
shall have been appointed in their place.

© 1834 Crown Copyright

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