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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 31

In cases of lunacy, the lord-chancellor, &c., and in cases of infancy, &c. the High Court to be the protector.

31. Provided always, that if any person, protector of a settlement shall be
lunatic, idiot, or of unsound mind, and whether he shall have been found such
by inquisition or not, then the lord high chancellor of Ireland... intrusted
by the King's sign manual with the care and commitment of the custody of the
persons and estates of persons found lunatic, idiot, and of unsound mind,
shall be the protector of such settlement in lieu of the person who shall be
such lunatic or idiot or of unsound mind as aforesaid; [and] if any person,
not being the owner of a prior estate under a settlement, shall be protector
of such settlement, and shall be an infant, or if it shall be uncertain
whether such last-mentioned person be living or dead, then [the High Court of
Justice in Northern Ireland] shall be the protector of such settlement in lieu
of the person who shall be an infant, or whose existence cannot be ascertained
as aforesaid; or if any settlor entailing lands shall in the settlement by
which the lands shall be entailed declare that the person who as owner of a
prior estate under such settlement would be entitled to be protector of the
settlement, shall not be such protector, and shall not appoint any person to
be protector in his stead, then the said [High Court] shall, as to the lands
in which such prior estate shall be subsisting, be the protector of the
settlement during the continuance of such estate; or if in any other case
where there shall be subsisting under a settlement an estate prior to an
estate tail under the same settlement, and such prior estate shall be
sufficient to qualify the owner thereof to be protector of the settlement, and
there shall happen at any time to be no protector of the settlement as to the
lands in which the prior estate shall be subsisting, the said [High Court]
shall, while there shall be no such protector, and the prior estate shall be
subsisting, be the protector of the settlement as to such lands.

© 1834 Crown Copyright

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