missioners' disposition has, by the non-consent of the protector, passed a base fee only, such base fee shall, on the protectorship ceasing during the continuance of the base fee, be enlarged to as large an estate as the commissioners could have conveyed if there had been no protector.

[By the Bankruptcy Consolidation Act, 1849, (12 & 13 Vict. c. 106, s. 208), the clauses of the Fine and Recovery Abolition Act, 56 to 75, both inclusive, are to extend and apply to proceedings in bankruptcy under a petition for adjudication of bankruptcy.

PRECEDENT XXII.

[CONVEYANCE IN FEE BY TENANT IN TAIL IN POSSESSION (TO BE ENROLLED IN CHANCERY WITHIN SIX MONTHS AFTER ITS EXECUTION.)]

Parties.

Recital.

Seisin in tail.

THIS INDENTURE, made &c., BETWEEN (vendor, tenant in tail) of the one part, and (purchaser) of the other part: WHEREAS the said (vendor) is by virtue of the last will and testament of A. B., bearing date and proved in the Prerogative Court of Canterbury on seised of an estate tail in possession Contract. in the hereditaments hereinafter described: AND WHEREAS the said (vendor) hath contracted with the said (purchaser) for the sale to him of the same hereditaments in fee simple in possession for the sum of £ NOW THIS INDENTURE WITNESSETH, that in consideration of the sum of £ sterling money to the said (vendor) paid by the said (purchaser), Operative the receipt whereof is hereby acknowledged, HE the said (vendor) DOTH by these presents grant, alien

part.

224 [Conveyance by Tenant in Tail and Protector.] [PREC. XXIII.

Habendum.

and convey unto the said (purchaser) and his heirs, ALL (parcels, appurtenances): To HAVE AND TO HOLD the said hereditaments and premises, with their appurtenances, unto the said (purchaser) and his heirs, Free from absolutely freed and discharged of and from all estates tail of the said (vendor), and all estates, rights, titles, interests and powers, to take effect after the determination or in defeazance of the same Covenants estates tail. [Covenants for title, as in an ordinary conveyance (ante, p. 65), rejecting the covenant that the vendor is seised.]

entail and remainders.

for title.

IN WITNESS, &c.

PRECEDENT XXIII.

CONVEYANCE BY A TENANT IN TAIL, WITH THE
CONSENT OF A PROTECTOR (TO BE ENROLLED IN
CHANCERY WITHIN SIX CALENDAR MONTHS).

Parties. THIS INDENTURE, made &c., BETWEEN (vendor) of the first part, (protector) of the second part, and Recital. (purchaser) of the third part: WHEREAS by an inSettlement denture bearing date and made between &c. (being the settlement made on and executed previously to the marriage of the said (protector) with

creating entail.

his wife), the hereditaments hereinafter described were limited to the use of the said (protector) during his life, with remainder to the use of the said (wife) during her life, with remainder to the use of the first son of the said marriage, and the heirs of the body of such first son, with divers remainders over :

Vendor tenant in tail in

Contract.

AND WHEREAS the said (vendor) is the first son of the said marriage, and has attained the age of remainder. twenty-one years: AND WHEREAS the said (vendor) hath contracted with the said (purchaser) for the sale to him of the said hereditaments, and the fee simple thereof in remainder expectant upon the decease of the survivor of the said (protector and wife), free from all incumbrances, and the said (protector), as the protector of the said settlement, hath agreed to consent to the disposition hereby Testatum. made: Now THIS INDENTURE WITNESSETH, that in consideration of the sum of £ of sterling money

consent.

paid by the said (purchaser) to the said (vendor), the receipt of which is hereby acknowledged, HE the said Protector's (vendor), with the consent of the said (protector), as the protector of the said recited settlement, testified by his execution hereof, DOTH by these presents grant, alien and convey unto the said (purchaser) and his heirs, ALL that the remainder expectant upon the decease, or sooner determination of the estates for life of the said (protector and wife), of and in all (parcels, appurtenances): TO HAVE AND TO HOLD the aforesaid remainder of and in the said hereditaments hereinbefore described, with their appurtenances, to and to Free from the use of the said (purchaser) and his heirs, freed and absolutely discharged of and from all estates. tail of the said (vendor) in the said hereditaments, and all estates, rights, titles, interests and powers, to take effect after the determination or in defeazance of the same estate tail. [Covenants for title as ante, p. 63.]

Habendum.

entail and remainders.

IN WITNESS, &c.

PRECEDENT XXIV.

CONVEYANCE BY A TENANT IN TAIL, WITHOUT THE
CONSENT OF THE PROTECTOR.

Parties.

Recitals. Creation of entail. Contract.

Protectorship.

THIS INDENTURE, made &c., BETWEEN (vendor) of the one part, and (purchaser) of the other part: WHEREAS [recite will or deed creating the entail, and the events by which the vendor is tenant in tail]: AND WHEREAS the said (vendor) has contracted with the said (purchaser) for the sale to him of the said hereditaments and the fee simple thereof in remainder expectant upon the determination of the life estate in the same hereditaments: AND WHEREAS of. (protector) is the protector of the said settlement, and the said (vendor) being at present unable to procure the consent of the said (protector) to the disposition hereby made, the said (purchaser) hath consented to accept such conveyance as the said Testatum. (vendor) can make without such consent: Now THIS INDENTURE WITNESSETH, that in consideration of the sum of £ of sterling money paid by the said (purchaser) to the said (vendor), the receipt whereof is hereby acknowledged, HE the said (vendor) DOTH by these presents grant, alien and convey unto the said (purchaser) and his heirs, ALL (parcels as ante, p. 225): TO HAVE AND TO HOLD the aforesaid remainder of and in the said hereditaments hereinbefore described, with their appurtenances, to and to the use of the said (purchaser) and his heirs, freed

Habendum.

for title.

Free from and absolutely discharged of and from all estates entail only. tail of the said (vendor) in the said hereditaments, but subject to such estates, rights, interests and powers, as the said (vendor) is unable by these preCovenants sents to bar, defeat or destroy. [Covenants for title as ante p. 63, adding to the covenant for further assurance.] And, moreover, that the said (vendor) or his issue in tail shall, when he or they shall have power or ability so to do, at the request of the said (purchaser), his heirs or assigns, but at the costs of the said (vendor), his executors or administrators, make, do and perfect all such acts and assurances in the law whatsoever, for effectually barring, discharging and defeating all estates, rights, titles, interests and powers, to take effect after the determination or in defeazance of the estate tail of the said (vendor) in the said hereditaments and premises, and for perfecting and completing the title of the said (purchaser), his heirs or assigns, to the said hereditaments and premises, and for assuring the same in fee simple, either in possession or in remainder, immediately expectant on the determination of the particular estate to the said remainder now existing therein, as the case may be, as by the said (purchaser), his heirs or assigns, or his or their counsel in the law, shall be advised and required.