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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 58

The disposition by the commissioner of the lands of a bankrupt tenant in tail shall, if the bankrupt be dead, have in the cases herein mentioned the same operation as if he were alive.

58. Any disposition under this Act of lands of any tenure by any commissioner
acting in the execution of any such commission as aforesaid, under which a
person being, or before obtaining his certificate becoming, an actual tenant
in tail of such lands, or a tenant in tail entitled to a base fee in such
lands, shall be adjudged a bankrupt, shall, although the bankrupt be dead at
the time of the disposition, be in the following cases as valid and effectual
as the same would have been, and have the same operation under this Act as the
same would have had, if the bankrupt were alive; (that it to say,) in case at
the time of the bankrupt's decease 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
in case the bankrupt had been an actual tenant in tail of such lands, and
there shall at the time of the disposition be any issue inheritable to the
estate tail of the bankrupt in such lands, and either no protector of the
settlement by which the estate tail was created, or a protector of such
settlement who in the manner required by this Act shall consent to the
disposition, or a protector of such settlement who shall not consent to the
disposition; or in case the bankrupt had been a tenant in tail entitled to a
base fee in such lands, and there shall at the time of the disposition be any
issue who, if the base fee had not been created, would have been actual tenant
in tail of such lands, and either no protector of the settlement by which the
estate tail converted into a base fee was created, or a protector of such
settlement who in the manner required by this Act shall consent to the
disposition.


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