Landed Property Improvement (Ireland) Act 1847

Who shall be deemed Owner.

VI. And be it enacted, That any person seised of or entitled at Law or in Equity to Land as Tenant in Fee Simple, or in Fee Tail, general or special, or as Tenant in Dower or by Curtesy, and also any Person who shall be entitled to Land under any will or Settlement, or any other Deed or Instrument (except a Grant or Lease reserving Rent), for his own Life or the Life of any other Person, or jointly for his own Life and the Life of any other Person or Persons, or for years determinable on such Life or Lives, and also any Person who shall be entitled to Land under any Lease granted by any Collegiate or Ecclesiastical Body, or other Corporation sole or aggregate, or under any Lease granted by any Person having immediate or derivative Title from or under any such Collegiate or Ecclesiastical Body, or other Corporation sole or aggregate, which last-mentioned Lease shall contain a Covenant of perpetual Renewal, or for Renewal toties quoties, and also any Person who shall be entitled to Land under any Grant, Lease, or any other Deed or Assurance for an Estate in Fee, or for an Estate or Interest for any Life or Lives renewable for ever, or for a Term of Years absolute, whereof Forty Years or more shall be unexpired at the Time of Application, or for any Term of Forty Years or more renewable on the Fall of any Life or Lives, or for any Term or Terms of Years renewable for ever, whether such last-mentioned Persons shall be entitled to Land for any such Estate, Term, or Interest, either absolutely or as Tenant in Tail, or as quasi Tenant in Tail, or for Life, and also every Archbishop, Bishop, Parson, or other ecclesiastical Person as to Lands held by them in their respective corporate Capacities, and also every Feoffee or Trustee of any Land, or of any such Estate or Interest therein as aforesaid, for charitable or other Purposes, or of any Estate created for any Term of Years exceeding Forty Years unexpired, determinable, upon the Execution or Fulfilment of any Trusts mentioned in any such Grant, Lease, Deed, or Assurance, and also every Trustee of any such Estate or Interest as aforesaid who shall be in the actual Possession of the Land or in receipt of the Rents payable by the Tenants of such Land, shall be deemed an Owner of such Land for the Purposes of this Act; and in every Case in which any Person seised, possessed of, or entitled to any such Land for any such Estate or Interest as aforesaid shall be an Infant, Feme Covert, Idiot, or Lunatic, the Guardian of such Infant, the Husband of such Feme Covert, and the Committee of the Estate of such Idiot or Lunatic shall be deemed an Owner of such Land for the Purposes of this Act: Provided always, that no Person, except a Mortgagee in possession or receipt of Rent of the mortgaged Lands, or any Part thereof, shall be deemed an Owner for the Purposes of this Act for or by reason of any Estate vested in him which shall have been created by way of Mortgage, or for securing the Payment of any Sum of Money, but that the Person who would be deemed an Owner for the Purposes of this Act, if such Estate by way of Mortgage or for securing any Money had not been created, shall, notwithstanding such Mortgage or Security, or any other Incumbrance, be deemed such Owner as aforesaid Provided also, that a Feme Covert entitled to Rents and Profits for her separate Use, and whether or not restrained from Anticipation, shall for the Purposes of this Act be considered as a Feme Sole: Provided also, that where several Persons in succession shall have in any Land such Estates or interests as would entitle each of them, under the Provisions aforesaid, to be so deemed an Owner, such of the said Persons shall be deemed the Owner for the Purposes of this Act as shall be in actual Occupation of the said Land; or in case the Person in actual Occupation shall not be entitled to be deemed an Owner under this Provision, then the Person who shall have the first such Estate Or Interest as aforesaid therein in reversion or remainder to or above the Estate or Interest of the Person in actual Occupation as may entitle him to be deemed an Owner under this Provision shall be deemed the Owner for the Purposes of this Act: Provided also, that when the Owner first entitled as aforesaid shall (after Notice given to him in such Form and for such Period as the said Commissioners of Public Works shall from Time to Time direct by the Person having the next such Estate or Interest as aforesaid in reversion or remainder) refuse or neglect to make any such Application, then the Person having the next such Estate as aforesaid in reversion or remainder may, if he think fit to apply for a Loan under this Act, be deemed the Owner of such Lands for the Purposes of this Act, and shall be deemed the Owner for all such Purposes, if any Loan or Advance on account thereof shall, upon his Application, be made under this Act.