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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 9

Certain cases in which fines and recoveries shall not be made valid by this Act.

9. Provided always, that where any fine or common recovery shall before the
passing of this Act have been wholly reversed, such fine or recovery shall not
be rendered valid by this Act; and where any fine or common recovery shall
before the passing of this Act have been reversed as to some only of the
parties thereto, or as to some only of the lands therein comprised, such fine
or recovery shall not be rendered valid by this Act so far as the same shall
have been reversed; and where any person who would have been barred by any
fine or common recovery, if valid, shall before the passing of this Act have
had any dealings with the lands comprised in such fine or recovery on the
faith of the same being invalid, such fine or recovery shall not be rendered
valid by this Act; and this Act shall not render valid any fine or common
recovery as to lands of which any person shall at the time of the passing of
this Act be in possession in respect of any estate which the fine or common
recovery if valid would have barred, nor any fine or common recovery which
before the passing of this Act any court of competent jurisdiction shall have
refused to amend; nor shall this Act prejudice or affect any proceedings at
law or in equity pending at the time of the passing of this Act, in which the
validity of such fine or recovery shall be in question between the party
claiming under such fine or recovery and the party claiming adversely thereto;
and such fine or recovery, if the result of such proceedings shall be to
invalidate the same, shall not be rendered valid by this Act; and if such
proceedings shall abate or become defective in consequence of the death of the
party claiming under or adversely to such fine or recovery, any person who but
for this Act would have a right of action or suit by reason of the invalidity
of such fine or recovery shall retain such right, so that he commence
proceedings within six calendar months after the death of such party.

© 1834 Crown Copyright

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