Fines and Recoveries Act 1833

The Fines and Recoveries Act 1833 (3 & 4 Will. 4. c. 74) was an act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the two species of property conveyance known as fines of lands (or final concords) and common recoveries.

Fines and Recoveries Act 1833^[a]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act for the abolition of fines and recoveries, and for the substitution of more simple modes of assurance.
Citation	3 & 4 Will. 4. c. 74
Territorial extent	England and Wales[b]
Dates
Royal assent	28 August 1833
Commencement	28 August 1833[c]
Other legislation
Amends	Bankruptcy Act 1825
Repeals/revokes	Dowress, etc. Act 1495
Amended by	Statute Law Revision Act 1874 Statute Law Revision Act 1875 Administration of Estates Act 1925 Statute Law Revision Act 1890 Law of Property (Amendment) Act 1924"
Repealed by	Estates Tail Act 1285
Relates to	Fines and Recoveries (Ireland) Act 1834
Status: Amended
Text of statute as originally enacted
Text of the Fines and Recoveries Act 1833 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Provisions

Section 27 of the act repealed the Dowress, etc. Act 1495 (11 Hen. 7. c. 20), except as to lands compromised in any settlement before the passing of the act.

Section 60 of the act repealed from 1 January 1733 so much of the Bankruptcy Act 1825 (6 Geo. 4. c. 16) "as empowers the Commissioners named in any Commission of Bankrupt issued against a Tenant in Tail to make Sale of any Lands, Tenements, and Hereditaments, situate either in England or Ireland, whereof such Bankrupt shall be seised of any Estate Tail in Possession, Reversion, or Remainder, and whereof no Reversion or Remainder is in the Crown, the Gift or Provision of the Crown".

Section 60 of the act repealed from 1 January 1733 the Entailed Estates Act 1826 (7 Geo. 4. c. 45), providing that this would not revive the Entailed Estates Act 1800 (39 & 40 Geo. 3. c. 56).

Legacy

The Fines and Recoveries (Ireland) Act 1834 (4 & 5 Will. 4. c. 92) made similar provisions to the act for Ireland.

The act is declared in force in South Australia by The Estates Tail Act 1881.

In section 27 of the act, the words " no woman in respect of her dower and " were repealed by section 56 of, and part I of the second schedule to, the Administration of Estates Act 1925 (15 & 16 Geo. 5. c. 23).

Notes

1. The citation of this act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
2. Section 92.
3. The Acts of Parliament (Commencement) Act 1793.