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executor, &c., to be protector except in the

in respect of her dower, and (except in the case hereinafter provided dower, heir, for, or of a bare trustee under a settlement made before the thirty-first day of October, one thousand eight hundred and thirty-four) no bare trustee, heir, executor, administrator, or assign, in respect of any estate taken by him as such bare trustee, heir, executor, administrator, or assign, shall be the protector of a settlement.

case of a bare trustee.

PROTECTORSHIP-IN CASES OF EXCLUSION.

26. Provided always, and be it further enacted, That, where under any settlement there shall be more than one estate prior to an estate tail, and the person who shall be the owner within the meaning of this act of any such prior estate, in respect of which, but for the last two preceding clauses, or either of them, he would have been the protector of the settlement, shall, by virtue of such clauses, or either of them, be excluded from being the protector, then and in such case the person (if any), who, if such estate did not exist, would be the protector of the settlement, shall be such protector.

Who shall be the protector where the

owner of the
prior estate

shall, by the
last two clauses,
be excluded.

PROTECTORSHIP-RIGHT TO MAKE TENANT TO PRÆCIPE.

27. Provided always, and be it further enacted, That, where already, or before the thirty-first day of October, one thousand eight hundred and thirty-four an estate under a settlement shall have been disposed of either absolutely or otherwise, and either for valuable consideration or not, the person who in respect of such estate would, if this act had not been passed, have been the proper person to have made the tenant to the writ of entry or other writ for suffering a common recovery of the lands entailed by such settlement, shall, during the continuance of the estate which conferred the right to make the tenant to such writ of entry or other writ, be the protector of such settlement.

PROTECTORSHIP TENANT TO PRÆCIPE, REVERSIONS, &c.

28. Provided always, and be it further enacted, That, where any person having either already, or before the thirty-first day of October, one thousand eight hundred and thirty-four, either for valuable consideration or not, disposed of, either absolutely or otherwise, a remainder or reversion in fee in any lands, or created any estate out of such remainder or reversion, would under this act, if this clause had not been inserted, have been the protector of the settlement by which the lands were entailed in which such remainder or reversion may be subsisting,

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Where, in the disposition of

an estate before

the 31st Oct. 1834, the person to make the

tenant to the

a recovery shall be the protec

writ of entry in

tor.

Where, in the disposition of

a reversion be

fore the 31st of Oct. 1834, the person to make the tenant to the writ of entry in a recovery shall be the protector.

and thereby be enabled to concur in the barring of such remainder or reversion, which he could not have done if he had not become such protector, then and in every such case the person who, if this act had not been passed, would have been the proper person to have made the tenant to the writ of entry or other writ for suffering a common recovery of such lands, shall, during the continuance of the estate which conferred the right to make the tenant to such writ of entry or other writ, be the protector of such settlement.

Where a barc
trustee under
a settlement
made before
the passing of
this act shall be
the protector.

PROTECTORSHIP-BARE TRUSTEE IN SETTLEMENTS BEFORE THE

ACT.

29. Provided always, and be it further enacted, That where, under any settlement of lands made before the passing of this act, the person who, if this act had not been passed, would have been the proper person to make the tenant to the writ of entry or other writ for suffering a common recovery of such lands for the purpose of barring any estate tail or other estate under such settlement, shall be a bare trustee, such trustee shall, during the continuance of the estate conferring on him the right to make the tenant to such writ of entry or other writ, be the protector of such settlement.

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PROTECTORSHIP-POWER TO APPOINT AND CREATE POWERS TO
APPOINT PROTECTOR.

30. Provided always, and be it further enacted, That it shall be lawful for any settlor entailing lands to appoint, by the settlement by which the lands shall be entailed, any number of persons in esse, not exceeding three, and not being aliens, to be protector of the settlement in lieu of the person who would have been the protector if this clause had not been inserted, and either for the whole or any part of the period for which such person might have continued protector, and by means of a power to be inserted in such settlement to perpetuate during the whole or any part of such period the protectorship of the settlement in any oneperson or number of persons in esse, and not being an alien or aliens, whom the donee of the power shall think proper by deed to appoint protector of the settlement in the place of any one person or number of persons who shall die, or shall by deed relinquish his or their office of protector; and the person or persons so appointed shall, in case of there being no other person then protector of the settlement, be the protector, and shall, in case of there being any other person then protector of the settlement, be protector jointly with such other person: provided nevertheless, that, by virtue

or means of any such appointment, the number of the persons to compose the protector shall never exceed three: provided further nevertheless, that every deed by which a protector shall be appointed under a power in a settlement, and every deed by which a protector shall relinquish his office, shall be void unless inrolled in his Majesty's high court of Chancery in Ireland within six calendar months after the execution thereof: provided further nevertheless, that the person who, but for this clause, would have been sole protector of the settlement, may be one of the persons to be appointed protector under this clause, if the settlor shall think fit, and shall, unless otherwise directed by the settlor, act as sole protector if the other persons constituting the protector shall have ceased to be so by death or relinquishment of the office by deed, and no other person shall have been appointed in their place.

PROTECTORSHIP-LUNATIC, TRAITOR, FELON, &c.

31. Provided always, and be it further enacted, That, if any person, protector of a settlement, shall be lunatic, idiot, or of unsound mind, and whether he shall have been found such by inquisition or not, then the Lord High Chancellor of Ireland, or the Lord Keeper, or the Lords Commissioners for the custody of the great seal of Ireland for the time being, or other the person or persons for the time being intrusted by the King's sign manual with the care and commitment of the custody of the persons and estates of persons found lunatic, idiot, and of unsound mind, shall be the protector of such settlement in lieu of the person who shall be such lunatic, or idiot, or of unsound mind as aforesaid: or if any person, protector of a settlement, shall be convicted of treason or felony, or if any person, not being the owner of a prior estate under a settlement, shall be protector of such settlement, and shall be an infant, or if it shall be uncertain whether such lastmentioned person be living or dead, then his Majesty's high court of Chancery in Ireland shall be the protector of such settlement in lieu of the person who shall be an infant or whose existence cannot be ascertained as aforesaid; or, if any settlor entailing lands shall, in the settlement by which the lands shall be entailed, declare that the person who, as owner of a prior estate under such settlement, would be entitled to be protector of the settlement shall not be such protector, and shall not appoint any person to be protector in his stead, then the said court of Chancery shall, as to the lands in which such prior estate shall be subsisting, be the protector of the settlement during the continuance of such estate; or if in any other case where there shall be subsisting under a settlement an estate prior to an estate tail under the same settlement, and such prior estate shall be sufficient to qualify

In cases of lu-
nacy, the Lord
Chancellor, or
Lord Keeper,
or Lords Com-
missioners, or
other persons
lunatics, or in
cases of treason
or felony, &c.,
the court of

intrusted with

Chancery, to be the protector.

the owner thereof to be protector of the settlement, and there shall happen at any time to be no protector of the settlement as to the lands in which the prior estate shall be subsisting, the said court of Chancery shall, while there shall be no such protector, and the prior estate shall be subsisting, be the protector of the settlement as to such lands.

Where there is a protector, his consent requisite to enable

an actual tenant in tail to create a larger estate than a base fee.

TENANT IN TAIL-PROTECTOR'S CONSent.

32. Provided always, and be it further enacted, That, if at the time when any person, actual tenant in tail of lands under a settlement, but not entitled to the remainder or reversion in fee immediately expectant on the determination of his estate tail, shall be desirous of making under this act a disposition of the lands entailed, there shall be a protector of such settlement, then and in every such case the consent of such protector shall be requisite to enable such actual tenant in tail to dispose of the lands entailed to the full extent to which he is hereinbefore authorized to dispose of the same; but such actual tenant in tail may, without such consent, make a disposition under this act of the lands entailed, which shall be good against all persons who, by force of any estate tail which shall be vested in or might be claimed by, or which but for some previous act or default would have been vested in, or might have been claimed by, the person making the disposition at the time of his making the same, shall claim the lands entailed.

Where a base fee and a protector, his consent requisite to the exercising of a power of disposition.

The protector to be subject to

no control in

the exercise of his power of consenting.

OWNER OF BASE FEE-PROTECTOR'S CONSENT.

33. Provided always, and be it further enacted, That, where an estate tail shall have been converted into a base fee, in such case, so long as there shall be a protector of the settlement by which the estate tail was created, the consent of such protector shall be requisite to enable the person who would have been tenant of the estate tail if the same had not been barred, to exercise, as to the lands in respect of which there shall be such protector, the power of disposition hereinbefore contained.

PROTECTOR-HIS IRRESPONSIBILITY, &c.

34. And be it further enacted, That any device, shift, or contrivance, by which it shall be attempted to control the protector of a settlement in giving his consent, or to prevent him in any way from using his absolute discretion in regard to his consent, and also any agreement entered into by the protector of a settlement to withhold his consent,

shall be void; and that the protector of a settlement shall not be deemed to be a trustee in respect of his power of consent; and a court of equity shall not control or interfere to restrain the exercise of his power of consent, nor treat his giving consent as a breach of trust.

PROTECTORSHIP EXCLUSION OF EQUITY.

35. Provided always, and be it further enacted, That the rules of equity in relation to dealings and transactions between the donee of a power and any object of the power in whose favour the same may be exercised, shall not be held to apply to dealings and transactions between the protector of a settlement and a tenant in tail under the same settlement, upon the occasion of the protector giving his consent to a disposition by a tenant in tail under this act.

Certain rules of equity not to apply between the protector and a tenant in tail

under the same.

INVOLUNTARY CONFIRMATION OF VOIDABLE ESTATES.

36. Provided always, and be it further enacted, That, when a tenant in tail of lands under a settlement 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 shall afterwards, under this act, by any assurance other than a lease not requiring inrolment, make a disposition of the lands in which such voidable estate shall be created or any of them, such disposition, whatever its object may be, and whatever may be the extent of the estate intended to be thereby created, shall, if made by the tenant in tail with the consent of the protector (if any) of the settlement, or by the tenant in tail alone, if there shall be no such protector, 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; but if at the time of making the disposition there shall be a protector. of the settlement, and such protector shall not consent to the disposition, and the tenant in tail shall not without such consent be 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 tenant in tail would then be capable under this act of confirming the same without such consent: provided always, that, if such disposition shall be made to a purchaser for valuable consideration, who shall not have express notice of the voidable estate, and if the deed or instrument creating such voidable estate shall not have been registered previous to such disposition, then and in such case the voidable estate shall not be confirmed as against such purchaser and the persons claiming under him.

A voidable estate by a tenant vour of a pur

in tail, in fa

chaser, confirmed by a subsequent disposition of such

tenant in tail

under this act, but not against a purchaser without notice.

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