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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 49

The commissioner, in the case of an actual tenant in tail becoming bankrupt after 31st October, 1834, shall by deed dispose of the lands entailed to a purchaser for the benefit of the creditors.

49. Any commissioner acting in the execution of any commission which after the
thirty-first day of October one thousand eight hundred and thirty-four shall
be issued in pursuance of the said Act passed in the eleventh and twelfth
years of the reign of King George the Third, under which any person shall be
adjudged a bankrupt, who at the time of issuing such commission, or at any
time afterwards before he shall have obtained his certificate, shall be an
actual tenant in tail of lands of any tenure, shall by deed dispose of such
lands to a purchaser for valuable consideration, for the benefit of the
creditors of such actual tenant in tail, and shall create by any such
disposition as large an estate in the lands disposed of as the actual tenant
in tail, if he had not become bankrupt, could have done under this Act at the
time of such disposition: Provided always, that if at the time of the
disposition of such lands, or any of them by such commissioner as aforesaid,
there shall be a protector of the settlement by which the estate of such
actual tenant in tail in the lands disposed of by such commissioner was
created, and the consent of such protector would have been requisite to have
enabled the actual tenant in tail, if he had not become bankrupt, to have
disposed of such lands to the full extent to which if there had been no such
protector he could under this Act have disposed of the same, and such
protector shall not consent to the disposition, then and in such case the
estate created in such lands, or any of them, by the disposition of such
commissioner, shall be as large an estate as the actual tenant in tail, if he
had not become bankrupt, could at the time of such disposition have created
under this Act in such lands without the consent of the protector.

© 1834 Crown Copyright

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