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FINES AND RECOVERIES ACT 1833

FINES AND RECOVERIES ACT 1833 - LONG TITLE

An Act for the Abolition of Fines and Recoveries and for the
Substitution of more simple Modes of Assurance.{1}
[28th August 1833]
Meaning of certain words and expressions.

[

FINES AND RECOVERIES ACT 1833 - SECT 1

1.] In the construction of this Act the word "lands" shall extend
to manors, advowsons, rectories, messuages, lands, tenements, tithes,
rents, and hereditaments of any tenure ..., and whether corporeal or
incorporeal, and any undivided share thereof, ...; and the word
"estate" shall extend to an estate in equity as well as at law,
and shall also extend to any interest, charge, lien, or incumbrance
in, upon, or affecting lands, either at law or in equity, and
shall also extend to any interest, charge, lien, or incumbrance in,
upon, or affecting money subject to be invested in the purchase of
lands; and the expression "base fee" shall mean exclusively that
estate in fee simple into which an estate tail is converted where
the issue in tail are barred, but persons claiming estates by way
of remainder or otherwise are not barred; and the expression "estate
tail," in addition to its usual meaning, shall mean a base fee
into which an estate tail shall have been converted; and the
expression "actual tenant in tail" shall mean exclusively the tenant
of an estate tail which shall not have been barred, and such
tenant shall be deemed an actual tenant in tail, although the
estate tail may have been divested or turned to a right; and the
expression "tenant in tail" shall mean not only an actual tenant in
tail, but also a person who, where an estate tail shall have been
barred and converted into a base fee, would have been tenant of
such estate tail if the same had not been barred; and the
expression "tenant in tail entitled to a base fee" shall mean a
person entitled to a base fee, or to the ultimate beneficial
interest in a base fee, and who, if the base fee had not been
created, would have been actual tenant in tail; and the expression
"money subject to be invested in the purchase of lands" shall
include money, whether raised or to be raised, and whether the
amount thereof be or be not ascertained, and shall extend to stocks
and funds, and real and other securities, the produce of which is
directed to be invested in the purchase of lands; and the lands to
be purchased with such money or produce shall extend ... to lands
of any tenure, in Ireland or elsewhere out of England, where such
lands or any of them are within the scope or meaning of the trust
or power directing or authorizing the purchase; and the word
"person" shall extend to a body politic, corporate, or collegiate,
as well as an individual; and every word importing the singular
number only shall extend and be applied to several persons or
things as well as one person or thing; and every word importing
the plural number shall extend and be applied to one person or
thing as well as several persons or things; and every word
importing the masculine gender only shall extend and be applied to
a female as well as a male; and every assurance already made or
hereafter to be made, whether by deed, will, private Act of
Parliament, or otherwise, by which lands are or shall be entailed,
or agreed or directed to be entailed, shall be deemed a settlement;
and every appointment made in exercise of any power contained in
any settlement, or of any other power arising out of the power
contained in any settlement shall be considered as part of such
settlement, and the estate created by such appointment shall be
considered as having been created by such settlement; and where any
such settlement is or shall be made by will, the time of the
death of the testator shall be considered the time when such
settlement was made: Provided always, that those words and
expressions occurring in this clause, to which more than one meaning
is to be attached, shall not have the different meanings given to
them by this clause in those cases in which there is any thing in
the subject or context repugnant to such construction.

S.55 rep. by SLR 1874

FINES AND RECOVERIES ACT 1833 - SECT 56
The commissioner, in the case of an actual tenant in tail becoming
bankrupt after 31st Dec., 1833, shall by deed dispose of the
entailed lands to a purchaser for the benefit of the creditors.

56. Any commissioner acting in the execution of any fiat which
after the thirty-first day of December one thousand eight hundred
and thirty-three shall be issued in pursuance of the said Act
passed in the first and second years of the reign of King William
the Fourth, under which any person shall be adjudged a bankrupt who
at the time of issuing such fiat, or at any time afterwards,
before he shall have obtained his certificate, shall be an actual
tenant in tail of lands of any tenure, shall by deed dispose of
such lands to a purchaser for valuable consideration, for the
benefit of the creditors of such actual tenant in tail, and shall
create by any such disposition as large an estate in the lands
disposed of as the actual tenant in tail, if he had not become
bankrupt, could have done under this Act at the time of such
disposition: Provided always, that if at the time of the disposition
of such lands, or any of them, by such commissioner as aforesaid,
there shall be a protector of the settlement by which the estate
of such actual tenant in tail in the lands disposed of by such
commissioner was created, and the consent of such protector would
have been requisite to have enabled the actual tenant in tail, if
he had not become bankrupt, to have disposed of such lands to the
full extent to which, if there had been no such protector, he
could under this Act have disposed of the same, and such protector
shall not consent to the disposition, then and in such case the
estate created in such lands, or any of them, by the disposition
of such commissioner, shall be as large an estate as the actual
tenant in tail, if he had not become bankrupt, could at the time
of such disposition have created under this Act in such lands
without the consent of the protector.

FINES AND RECOVERIES ACT 1833 - SECT 57
Commissioner, in case of a tenant in tail entitled to a base fee
in lands becoming bankrupt, and of there being no protector, shall
by deed dispose of such lands to a purchaser.

57. Any commissioner acting in the execution of any such fiat as
aforesaid under which any person shall be adjudged a bankrupt who,
at the time of issuing such fiat, or at any time afterwards before
he shall have obtained his certificate, shall be a tenant in tail
entitled to a base fee in lands of any tenure, shall by deed
dispose of such lands to a purchaser for valuable consideration, for
the benefit of the creditors of the person so entitled as
aforesaid, provided at the time of the disposition there be no
protector of the settlement by which the estate tail converted into
the base fee was created; and by such disposition the base fee
shall be enlarged into as large an estate as the same could at
the time of such disposition have been enlarged into under this Act
by the person so entitled if he had not become bankrupt.

FINES AND RECOVERIES ACT 1833 - SECT 58
Consent of the protector, &c., in cases of bankruptcy.

58. The commissioner acting in the execution of any such fiat as
aforesaid under which a person being or before obtaining his
certificate becoming an actual tenant in tail of lands of any
tenure, or a tenant in tail entitled to a base fee in lands of
any tenure, shall be adjudged a bankrupt, shall, if there shall be
a protector of the settlement by which the estate tail of such
actual tenant in tail, or the estate tail converted into a base
fee (as the case may be), was created, stand in the place of such
actual tenant in tail, or tenant in tail so entitled as aforesaid,
as far as regards the consent of such protector; and the
disposition of such lands, or any of them, by such commissioner as
aforesaid, if made with the consent of such protector, shall,
whether such commissioner may have made under this Act a prior
disposition of the same lands without the consent of such protector
or not, or whether a prior sale or conveyance of the same lands
shall have been made or not, under the said Acts of the sixth
year of King George the Fourth and the first and second years of
King William the Fourth, or either of them, or any Acts hereafter
to be passed concerning bankrupts, have the same effect as such
disposition would have had if such actual tenant in tail, or tenant
in tail so entitled as aforesaid, had not become bankrupt, and such
disposition had been made by him under this Act, with the consent
of such protector; and all the previous clauses in this Act, in
regard to the consent of the protector to the disposition of a
tenant in tail of lands ..., and in regard to the time and manner
of giving such consent, and in regard to the inrolment of the deed
of consent, where such deed shall be distinct from the assurance by
which the disposition of the commissioner shall be effected, shall,
except so far as the same may be varied by the clause next
herein-after contained, apply to every consent that may be given by
virtue of this present clause.

FINES AND RECOVERIES ACT 1833 - SECT 59
Inrolment in Chancery of deed or disposition of lands, in cases of
bankruptcy.

59. Every deed by which any commissioner acting in the execution of
any such fiat as aforesaid shall under this Act dispose of lands
..., shall be void unless inrolled in His Majesty's High Court of
Chancery within six calendar months after the execution thereof; ....

FINES AND RECOVERIES ACT 1833 - SECT 60
Subsequent enlargement of base fees created by the disposition of
the commissioner.

60. If any commissioner acting in the execution of any such fiat
as aforesaid shall, under this Act, dispose of any lands of any
tenure of which the bankrupt shall be actual tenant in tail, and
in consequence of there being a protector of the settlement by
which the estate of such actual tenant in tail was created, and of
his not giving his consent, only a base fee shall by such
disposition be created in such lands, and if at any time afterwards
during the continuance of the base fee there shall cease to be a
protector of any such settlement, then and in such case, and
immediately thereupon, such base fee shall be enlarged into the same
estate into which the same could have been enlarged under this Act,
if at the time of the disposition by such commissioner as aforesaid
there had been no such protector.

FINES AND RECOVERIES ACT 1833 - SECT 61
Enlargement of base fees subsequent to the sale or conveyance
thereof under Bankruptcy Acts.

61. If a tenant in tail entitled to a base fee in lands of any
tenure shall be adjudged a bankrupt at the time when there shall
be a protector of the settlement by which the estate tail converted
into the base fee was created, and if such lands shall be sold or
conveyed under the said Acts of the sixth year of King George the
Fourth and the first and second years of King William the Fourth,
or either of them, or any other Acts hereafter to be passed
concerning bankrupts, and if at any time afterwards during the
continuance of the base fee in such lands there shall cease to be
a protector of such settlement, then and in such case, and
immediately thereupon, the base fee in such lands shall be enlarged
into the same estate into which the same could have been enlarged
under this Act, if at the time of the adjudication of such
bankruptcy there had been no such protector, and the commissioner
acting in the execution of the fiat under which the tenant in tail
so entitled shall have been adjudged a bankrupt had disposed of
such lands under this Act.

FINES AND RECOVERIES ACT 1833 - SECT 62
A voidable estate created in favour of a purchaser by an actual
tenant in tail or tenant in tail entitled to a base fee, who
afterwards becomes bankrupt, shall be confirmed by the disposition of
the commissioner, if no protector or being such with his consent,
or on there ceasing to be a protector, &c.; except against a
purchaser without notice.

62. Provided always, that where an actual tenant in tail of lands
of any tenure, or a tenant in tail entitled to a base fee in
lands of any tenure, shall have already created or shall hereafter
create in such lands, or any of them, a voidable estate in favour
of a purchaser for valuable consideration, and such actual tenant in
tail, or tenant in tail so entitled as aforesaid, shall be adjudged
a bankrupt under any such fiat as aforesaid, and the commissioner
acting in the execution of such fiat shall make any disposition
under this Act of the lands in which such voidable estate shall be
created, or any of them, then and in such case if 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 being such protector he
shall consent to the disposition by such commissioner as aforesaid,
whether such commissioner may have made under this Act a previous
disposition of such lands or not, or whether a prior sale or
conveyance of the same lands shall have been made or not under the
said Acts of the sixth year of King George the Fourth, and the
first and second years of King William the Fourth, or either of
them, or any other Acts hereafter to be passed concerning bankrupts,
the disposition by such commissioner shall have the effect of
confirming such voidable estate in the lands thereby disposed of to
its full extent as against all persons except those whose rights
are saved by this Act; and if at the time of the disposition by
such commissioner in the case of an actual tenant in tail, there
shall be a protector, and such protector shall not consent to the
disposition by such commissioner, and such actual tenant in tail if
he had not been adjudged a bankrupt, would not without such consent
have been capable under this Act of confirming the voidable estate
to its full extent, then and in such case such disposition shall
have the effect of confirming such voidable estate so far as such
actual tenant in tail, if he had not been adjudged a bankrupt,
could at the time of such disposition have been capable under this
Act of confirming the same without such consent; and if at any
time after the disposition of such lands by such commissioner, and
while only a base fee shall be subsisting in such lands, there
shall cease to be a protector of such settlement, and such
protector shall not have consented to the disposition by such
commissioner, then and in such case such voidable estate, so far as
the same may not have been previously confirmed, shall be confirmed
to its full extent as against all persons except those whose rights
are saved by this Act: Provided always, that if the disposition by
any such commissioner as aforesaid shall be made to a purchaser for
valuable consideration, who shall not have express notice of the
voidable estate, then and in such case the voidable estate shall
not be confirmed against such purchaser and the persons claiming
under him.

FINES AND RECOVERIES ACT 1833 - SECT 63
Acts of a bankrupt tenant in tail void against any disposition
under this Act by the commissioner.

63. All acts and deeds done and executed by a tenant in tail of
lands of any tenure, who shall be adjudged a bankrupt under any
such fiat as aforesaid, and which shall affect such lands or any
of them, and which, if he had been seised of or entitled to such
lands in fee simple absolute, would have been void against the
assignees of the bankrupt's estate, and all persons claiming under
them, shall be void against any disposition which may be made of
such lands under this Act by such commissioner as aforesaid.

FINES AND RECOVERIES ACT 1833 - SECT 64
Subject to the powers given to the commissioner, and to the estate
in the assignees, a bankrupt tenant in tail shall retain his powers
of disposition.

64. Provided always, that, subject and without prejudice to the
powers of disposition given by this Act to the commissioner acting
in the execution of any such fiat as aforesaid, under which a
person being or before obtaining his certificate becoming an actual
tenant in tail of lands of any tenure, or a tenant in tail
entitled to a base fee in lands of any tenure, shall be adjudged
a bankrupt, and also subject and without prejudice to the estate in
such lands which may be vested in the assignees of the bankrupt's
estate, and also subject and without prejudice to the rights of all
persons claiming under the said assignees in respect of such lands
or any of them, such actual tenant in tail, or tenant in tail so
entitled as aforesaid, shall have the same powers of disposition
under this Act in regard to such lands as he would have had if
he had not become bankrupt.

FINES AND RECOVERIES ACT 1833 - SECT 65
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.

65. Any disposition under this Act of lands of any tenure by any
commissioner acting in the execution of any such fiat 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
is 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.

S.66 rep. by SLR 1976

FINES AND RECOVERIES ACT 1833 - SECT 67
Assignees to recover rents of the lands of a bankrupt, of which
the commissioner has power to make disposition, and to enforce
covenants, &c., as if entitled to the reversion.

67. The rents and profits of any lands, of which any commissioner
acting in the execution of any such fiat as aforesaid hath power
to make disposition under this Act, shall in the meantime and until
such disposition shall be made, or until it shall be ascertained
that such disposition shall not be required for the benefit of the
creditors of the person adjudged bankrupt under the fiat, be
received by the assignees of the estate of the bankrupt, for the
benefit of his creditors; and the assignees may proceed by action
of debt for the recovery of such rents and profits, or may
distrain for the same upon the lands subject to the payment
thereof, ..., and also, in case any such distress shall be
replevied, shall have power to avow or make cognizance generally in
such manner and form as any landlord may now do by virtue of the
Distress for Rent Act, 1737, or by any other law or statute now
in force or hereafter to be made for the more effectually
recovering of rent in arrear; and such assignees, and their
bailiffs, agents, and servants, shall also have all such and the
same remedies, powers, privileges, and advantages of pleading,
avowing, and making cognizance, and be entitled to the same costs
and damages, and the same remedies for the recovery thereof, as
landlords, their bailiffs, agents, and servants, are now or hereafter
may be by law entitled to have when rent is in arrear; and such
assignees shall also have the same power and authority of enforcing
the observance of all covenants, conditions, and agreements in
respect of the lands of which such commissioner as aforesaid hath
the power of disposition under this Act, and in respect of the
rents and profits thereof, and of entry into and upon the same
lands for the non-observance of any such covenant, condition, and
agreement, and of expelling and amoving therefrom the tenants or
other occupiers thereof, and thereby determining and putting an end
to the estate of the persons who shall not have observed such
covenants, conditions, and agreements, as the bankrupt would have had
in case he had not been adjudged a bankrupt: Provided always, that
this clause ... shall only apply to those lands of any ... tenure
which any commissioner acting in the execution of any such fiat as
aforesaid may have power to dispose of under this Act after the
bankrupt's decease.

FINES AND RECOVERIES ACT 1833 - SECT 68
All the provisions of the Act in regard to bankrupts shall apply
to their lands in Ireland.

68. All the provisions in this Act contained for the benefit of
the creditors of persons who under such fiats as aforesaid shall be
adjudged bankrupts after the thirty-first day of December one
thousand eight hundred and thirty-three, and for the confirmation in
consequence of bankruptcy of voidable estates created by them, shall
extend and apply to the lands of any tenure in Ireland of such
persons as fully and effectually as if this Act had throughout
extended to lands of any tenure in Ireland; saving always the
rights of the King's most excellent Majesty, to any reversion or
remainder in the Crown in lands in Ireland.

FINES AND RECOVERIES ACT 1833 - SECT 69
Deeds relating to the lands of bankrupts in Ireland to be inrolled
in the Court of Chancery there.

69. Provided always, that in all cases of bankruptcy, every deed of
disposition under this Act of lands in Ireland by any commissioner
acting in the execution of any such fiat as aforesaid, and also
every deed by which the protector of a settlement of lands in
Ireland shall consent, shall be inrolled in His Majesty's High Court
of Chancery in Ireland within six calendar months after the
execution thereof, and not in His Majesty's High Court of Chancery
in England.

FINES AND RECOVERIES ACT 1833 - SECT 71
The previous clauses, with certain variations, shall 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 also to
money subject to be invested in like manner.

71. 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 the 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 His Majesty's High
Court of Chancery 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
....

FINES AND RECOVERIES ACT 1833 - SECT 72
The preceding clause shall, in cases of bankruptcy, apply to lands
of any tenure in Ireland, to be sold, where the purchase money is
subject to be invested in the purchase of lands to be entailed,
and also to money which is subject to be invested in lands.

72. So far as regards any person adjudged a bankrupt under any
such fiat as aforesaid, the provisions of the clause lastly
herein-before contained shall, for the benefit of the creditors of
the bankrupt, apply to lands in Ireland 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 the bankrupt, if the lands were
purchased, would have an estate tail therein, and also to money
under the control of any court of equity in Ireland or of or to
which any individuals as trustees may be possessed or entitled in
Ireland, and which shall be subject to be invested in the purchase
of lands to be settled so that the bankrupt, if the lands were
purchased, would have an estate tail therein, as fully and
effectually as if this Act had throughout extended to Ireland:
Provided always, that every deed to be executed by any commissioner
or protector, in pursuance of this clause, in regard to lands in
Ireland to be so sold as aforesaid, shall be inrolled in His
Majesty's High Court of Chancery in Ireland within six calendar
months after the execution thereof; but every deed to be executed
by any commissioner or protector, in pursuance of this clause, in
regard to money subject to be invested in the purchase of lands to
be so settled as aforesaid, shall be inrolled in His Majesty's High
Court of Chancery in England within six calendar months after the
execution thereof, and not in His Majesty's High Court of Chancery
in Ireland; saving always the rights of the King's most excellent
Majesty, to any reversion or remainder in the Crown in lands in
Ireland to be sold.

FINES AND RECOVERIES ACT 1833 - SECT 73
Deeds need not be acknowledged before inrolment.

73. Any rule or practice requiring deeds to be acknowledged before
inrolment shall not apply to any deed by this Act required to be
inrolled in His Majesty's High Court of Chancery in England or
Ireland.

FINES AND RECOVERIES ACT 1833 - SECT 74
Every deed to be inrolled by which lands or money shall be
disposed of under this Act shall, when inrolled, take effect as if
inrolment not required.

74. Every deed required to be inrolled in His Majesty's High Court
of Chancery in England or Ireland, by which lands or money subject
to be invested in the purchase of lands shall be disposed of under
this Act, shall, when inrolled as required by this Act, operate and
take effect in the same manner as it would have done if the
inrolment thereof had not been required, except that every such deed
shall be void against any person claiming the lands or money
thereby disposed of, or any part thereof, for valuable consideration,
under any subsequent deed duly inrolled under this Act, if such
subsequent deed shall be first inrolled.

FINES AND RECOVERIES ACT 1833 - SECT 92
Extent of Act.

92. This Act shall not extend to Ireland, except where the same is
expressly mentioned.

S.93 rep. by SLR 1874






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