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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 8

Recoveries invalid in consequence of there not being proper tenants to the writs of entry made valid in certain cases.

8. No common recovery already suffered or hereafter to be suffered shall be
invalid in consequence of any person in whom an estate at law was outstanding
having omitted to make the tenant to the writ of entry or other writ for
suffering such recovery, provided the person who was the owner of or had power
to dispose of an estate in possession, not being less than an estate for a
life or lives in the whole of the rents and profits of the lands in which such
estate at law was outstanding, or the ultimate surplus of such rents and
profits after payment of any charges thereout, and whether any surplus after
payment of such charges shall actually remain or not, shall, within the time
limited for making the tenant to the writ for suffering such recovery, have
conveyed or disposed of such estate in possession to the tenant to such writ;
and an estate shall be deemed to be an estate in possession, notwithstanding
there shall be subsisting prior thereto any lease for lives or years, absolute
or determinable, upon which a rent is reserved, or any term of years upon
which no rent is reserved.

© 1834 Crown Copyright

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