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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 63

The previous clauses, with certain variations, to apply to lands of any tenure to be sold where the purchase money is subject to be invested in the purchase of lands to be entailed, and where money is subject to be invested in like manner.

63. Lands to be sold, whether freehold or leasehold, or of any other tenure,
where the money arising from the sale thereof shall be subject to be invested
in the purchase of lands to be settled so that any person, if the lands were
purchased, would have an estate tail therein, and also money subject to be
invested in the purchase of lands to be settled so that any person, if the
lands were purchased, would have an estate tail therein, shall for all the
purposes of this Act be treated as the lands to be purchased, and be
considered subject to the same estates as the lands to be purchased would, if
purchased, have been actually subject to; and all the previous clauses in
this Act, so far as circumstances will admit, shall in the case of the lands
to be sold as aforesaid, being either freehold or leasehold, or of any other
tenure, apply to such lands in the same manner as if the lands to be purchased
with the money to arise from the sale thereof were directed to be freehold,
and were actually purchased and settled, and shall, in the case of money
subject to be invested in the purchase of lands to be so settled as aforesaid,
apply to such money in the same manner as if such money were directed to be
laid out in the purchase of freehold lands, and such lands were actually
purchased and settled; save and except that in every case where under this
clause a disposition shall be to be made of leasehold lands for years,
absolute or determinable, so circumstanced as aforesaid, or of money so
circumstanced as aforesaid, such leasehold lands or money shall, as to the
person in whose favour or for whose benefit the disposition is to be made, be
treated as personal estate; and, except in case of bankruptcy, the assurance
by which the disposition of such leasehold lands or money shall be effected
shall be an assignment by deed, which shall have no operation under this Act,
unless inrolled in [the High Court], within six calendar months after the
execution thereof; and in every case of bankruptcy the disposition of such
leasehold lands or money shall be made by the commissioner, and completed by
inrolment in the same manner as herein-before required in regard to lands.

© 1834 Crown Copyright

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