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Construction of certain terms in this Act. 1. In the construction of this Act (except where the context or other provisions of this Act require a different construction), The word "land" shall include and extend to manors, advowsons, rectories, messuages, tithes, lands, tenements, rents, annuities charged on lands, and hereditaments of any tenure, or any estate therein, partial, derivative, or otherwise, and whether such land be held as freehold or chattel, or held by lease, or whether subject to any fee-farm or other perpetual rent, with or without the condition of re-entry for securing the same or otherwise, or whether corporeal or incorporeal, and whether a divided or undivided share; And the word "estate" shall include and extend to an estate in equity as well as at law, and to an equity of redemption, and to the benefit of any covenant or contract for or right of renewal and whether this land be held in fee simple or for any lesser estate, or held by lease; And the word "lease" shall include an agreement for a lease, and the estate or interest created or agreed to be created by such lease or agreement in the whole or in any part of the land therein comprised; And the expression "lease in perpetuity" shall mean any lease or grant for one or more life or lives, with or without a term of years, or determinable upon the expiration of any given term of years, or for years determinable on one or more life or lives, or for years absolute, with a covenant or agreement in any of such cases, whether in the same or any other instrument, for the perpetual renewal of such lease or grant, whether such lease shall be derived out of the inheritance or by way of under-lease out of any other lease or estate; The word "owner," as applied to land, shall include any person beneficially entitled in possession to an estate in fee simple or fee tail, ..., or for any lesser, partial, or derivative or other estate, freehold or chattel, at law or in equity, or any person entitled to such estate as a trustee for sale; And the words "person or owner" shall extend to a body politic or corporate, as well as to an individual; And the word "judge" shall mean one of the judges of the "Landed Estates Court, Ireland"; And the expression "the judge" shall mean the judge of the said Court before whom the matter shall be pending of which the section is conversant; Definition rep. by SLR 1892 And the word "incumbrance" shall mean any legal or equitable mortgage in fee, or for any less estate, and also any money secured by a trust, and also any legacy, portion, lien, or other charge, whereby a gross sum of money is secured to be paid on an event, or at a time certain, and also any annual or periodical charge, which by the instrument creating the same or any other instrument, is made purchaseable on payment of a gross sum of money, and every other charge upon land which is deemed an incumbrance in a court of equity, and which a court of equity would discharge by a sale of the land charged, or by the appointment of a receiver over the same: And the word "incumbrancer" shall mean a person entitled to an incumbrance absolutely, or a person entitled to the absolute or any partial or lesser interest in an incumbrance, or in any part thereof; And the word "Court" shall mean the "Landed Estates Court, Ireland"; and where the expression "the Court" shall be used in connexion with any act to be done or order to be made by the same, it shall mean the judge of the said Court before whom the matter referred to shall be pending. Definition rep. by SLR 1953 Ss.230 rep. by SLR 1875; SLR 1892; SLR 1893; SLR 1953; SLR 1963
© 1858 Crown Copyright
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