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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 55

A voidable estate created in favour of a purchaser by an actual tenant in tail or tenant in tail entitled to a base fee who afterwards becomes bankrupt, shall be confirmed by the disposition of the commissioner, if no protector, or being such with his consent, or on there ceasing to be a protector, &c.; except against a purchaser without notice.

55. Provided always, that where an actual tenant in tail of lands of any
tenure, or a tenant in tail entitled to a base fee in lands of any tenure,
shall have already created or shall hereafter create in such lands, or any of
them, a voidable estate in favour of a purchaser for valuable consideration,
and such actual tenant in tail, or tenant in tail so entitled as aforesaid,
shall be adjudged a bankrupt under any such commission as aforesaid, and the
commissioner acting in the execution of such commission shall make any
disposition under this Act of the lands in which such voidable estate shall be
created, or any of them, then and in such case, if there shall be no protector
of the settlement by which the estate tail of the actual tenant in tail, or
the estate tail converted into a base fee, as the case may be, was created, or
being such protector he shall consent to the disposition by such commissioner
as aforesaid, whether such commissioner may have made under this Act a
previous disposition of such lands or not, or whether a prior sale or
conveyance of the same lands shall have been made or not under the said Act of
the eleventh and twelfth years of King George the Third, or any other Acts
hereafter to be passed concerning bankrupts, the disposition by such
commissioner shall have the effect of confirming such voidable estate in the
lands thereby disposed of to its full extent as against all persons, except
those whose rights are saved by this Act; and if at the time of the
disposition by such commissioner, in the case of an actual tenant in tail,
there shall be a protector, and such protector shall not consent to the
disposition of such commissioner and such actual tenant in tail, if he had not
been adjudged a bankrupt, would not without such consent have been capable
under this Act of confirming the voidable estate to its full extent, then and
in such case such disposition shall have the effect of confirming such
voidable estate so far as such actual tenant in tail, if he had not been
adjudged a bankrupt, could at the time of such disposition have been capable
under this Act of confirming the same without such consent; and if at any time
after the disposition of such lands by such commissioner, and while only a
base fee shall be subsisting in such lands, there shall cease to be a
protector of such settlement, and such protector shall not have consented to
the disposition by such commissioner, then and in such case such voidable
estate, so far as the same may not have been previously confirmed, shall be
confirmed to its full extent as against all persons except those whose rights
are saved by this Act: Provided always, that if the disposition by any such
commissioner as aforesaid shall be made to a purchaser for valuable
consideration, who shall not have express notice of the voidable estate, and
if the deed or instrument making such voidable estate shall not have been
registered previous to such disposition, then and in such case the voidable
estate shall not be confirmed against such purchaser and the persons claiming
under him.

© 1834 Crown Copyright

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