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No.

MS.

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577

581

583

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Newfoundland:

569. Bill to provide for the Appropriation of Duties raised in the Island of

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568. Bill to continue 5 Geo. IV. relating to the Fisheries of Newfoundland

Nisi Prius (Dublin):

96. Bill for the Erection of a Nisi Prius Court in Dublin

Norfolk Assizes:

370. Bill for holding the Assizes for the County of Norfolk twice a year at Norwich

Ordnance:

281. Bill to amend Acts, and facilitate the Public Business in the Ordnance Department

Party Processions (Ireland):

529. Bill to restrain in certain cases Party Processions in Ireland

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544. Bill to enable Peers of Scotland to take the Oaths in Ireland, qualifying them to vote for Election of Scotch Peers

Pluralities:

395. Bill, intituled, "An Act to restrain the holding of Pluralities by Spiritual Persons"

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Police (Scotland):

402.

Bill to enable Burghs in Scotland to establish a general System of Police 603. Same [as amended by the Committee]

615

663

Poor:

295.

571. Bill to alter the Law of Settlement, as far as respects Apprenticeship to the Sea Service

Bill to authorize (under Inclosure Acts) the letting of the Poor Allotments to industrious Cottagers

713

• 717

Post (Ireland):

119. Bill to enable the Postmaster-General to extend Accommodation by Post, and regulate Franking

719

Post Roads (Ireland):

604. Bill to amend an Act of 45 Geo. III. relating to Post Roads in Ireland

733

Prescription:

545. Bill for shortening the Time of Prescription in certain cases

737

Prisoners (Ireland):

629. Bill to remove Prisoners from the several Gaols in Ireland, in case of Epidemic Diseases

741

Privy Seal :

478. Bill to regulate the Offices of Clerks of the Signet and Privy Seal

745

Punishment of Death:

347. Bill for abolishing the Punishment of Death in certain cases, and substituting a lesser Punishment

749

573. Amendments made by The Lords to the Bill for the Abolition of Death in certain cases, &c.

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For the Abolition of Fines and Recoveries, and for the substitution of more simple Modes of Assurance in lieu of them.

5

[Note.-The Clause, and the Words, printed in Italics, are proposed to be inserted in the Committee.]

MERE it is expedient to make Provision for the
W

1.

Meaning of certain
pressions:
Lands.

Words and Ex

Abolition of Fines and Recoveries, and for the substitution of more simple Modes of Assurance in lieu thereof; Be it enacted, by The KING's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT in the construction of this Act, the word "Lands" shall extend to manors, advowsons, rectories, lands, tenements, tithes, rents and hereditaments of any tenure (except copy of court-roll) and 10 whether corporeal or incorporeal, and any undivided share thereof, but when accompanied by some expression including or denoting the Tenure by copy of Court Roll, shall extend to messuages, lands, tenements and hereditaments of that tenure, and an undivided share thereof; and the word "Estate" shall extend to an estate Estate. 15 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 the expression "Base Fee" shall mean Base Fee. exclusively that estate in fee-simple into which an estate tail is converted where the issue in tail are barred, but persons claiming estates 20 by way of remainder or otherwise are not barred; and the expression "Estate Tail," in addition to its usual meaning, shall mean a base Estate Tail. fee into which an estate tail shall have been converted; and the

Actual Tenant in Tail.

Tenant in Tail.

Person.

Number and
Gender.

Settlement.

2.

No Fine or Recovery to be levied or

suffered after the 31st of December 1832.

3. Fines made valid without amendment.

5

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 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 10
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, whether by deed, 15
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 20
settlement, and the estate created by such appointment shall be con-
sidered as having been created by such settlement; and where any
such settlement 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 25
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.

And be it further Enacted, That after the Thirty-first day of 30 December One thousand eight hundred and thirty two, no Fine shall be levied, or Common Recovery suffered of Lands of any tenure, except where Parties intending to levy a Fine or suffer a Recovery shall, on or before the Thirty-first day of December One thousand eight hundred and thirty-two, have sued out a Writ of Dedimus, or any other 35 Writ, in the regular proceedings of such Fine or Recovery; and any Fine or Recovery which shall be levied or suffered contrary to this provision shall be absolutely void.

And be it further Enacted, That if it shall be apparent, from the Deed declaring the Uses of any Fine already levied or hereafter to be 40 levied, that there is in the Indentures, Record, or any of the proceedings of such Fine, any error in the Name of the Conusor or Conusee of such Fine, or any misdescription or omission of Lands intended to have been passed by such Fine, then and in every such case the Fine, without any amendment of the Indentures, Record or proceedings in which such error, misdescription or omission shall have occurred, shall be as good and valid as the same would have been, and shall be held to have passed

all

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