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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 45

Courts of equity excluded from giving any effect to dispositions by tenants in tail, or consents of protectors of settlements, which in courts of law would not be effectual.

45. In cases of dispositions of lands under this Act by tenants in tail
thereof, and also in cases of consents by protectors of settlements to
dispositions of lands under this Act by tenants in tail thereof, the
jurisdiction of courts of equity shall be altogether excluded, either on the
behalf of a person claiming for a valuable or meritorious consideration or
not, in regard to the specific performance of contracts and the supplying of
defects in the execution either of the powers of disposition given by this Act
to tenants in tail, or of the powers of consent given by this Act to
protectors of settlements and the supplying under any circumstances of the
want of execution of such powers of disposition and consent respectively, and
in regard to giving effect in any other manner to any act or deed by a tenant
in tail or protector of a settlement which in a court of law would not be an
effectual disposition or consent under this Act; and no disposition of lands
under this Act by a tenant in tail thereof in equity, and no consent by a
protector of a settlement to a disposition of lands under this Act by a tenant
in tail thereof in equity, shall be of any force, unless such disposition or
consent would in case of an estate tail at law be an effectual disposition or
consent under this Act in a court of law.

© 1834 Crown Copyright

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