SECT. 31. A bare trustee shall be the protector where, under a settlement made before the passing of this act, he shall be the person to make the tenant to the writ of entry in a recovery PAGE 32. A settlor entailing lands may, by the settlement, appoint any number of persons, not exceeding three, and not being aliens, protector, and may, by a power in the settlement, perpetuate the protectorship; and the person who, but for this clause, would have been the protector, may be one of the persons to be appointed protector 33. The Lord Chancellor, Lord Keeper, Lords Commissioners, or other persons intrusted with lunatics, where the protector shall be lunatic, whether found such by inquisition or not, or the Court of Chancery, where the protector shall be convicted of treason or felony, or not being the owner of a prior estate, shall be an infant or cannot be found, shall be protector; and where a settlor shall in a settlement declare that the person who, as owner of a prior estate under the settlement, would be entitled to be protector, shall not be protector, and shall not appoint any person in his stead, and where during the continuance of a prior estate sufficient to qualify a person to be protector, there shall be no protector, the Court of Chancery shall be protector Powers of the Protector. 34. Where there is a protector, his consent shall be requisite to enable an actual tenant in tail, who is not entitled to the immediate reversion in fee, to make an absolute disposition under this act. Without such consent an actual tenant in tail may create only a base fee 354 355 357 358 35. Where there is a base fee and a protector, his consent shall be requisite to enable the person who would have been tenant of the estate tail, if not barred, to exercise his power of disposition 359 36. The protector shall be subject to no control in the exercise of his power of consenting 37. The rules of equity as to dealings between the donee of a power and any object of the power shall not apply to dealings between the protector of a settlement and a tenant in tail under the ib. Confirmation of voidable Estates created by Tenant in Tail. 38. A voidable estate by a tenant in tail in favour of a purchaser shall, by subsequent disposition by him, if no protector, or, being such, with his consent, be confirmed; if a protector, and he shall not consent, and the voidable estate shall not be good to the extent of the estate which the tenant in tail could create without such consent, then the same shall be confirmed, so far as the tenant in tail could then make such disposition without such consent. But the estate shall not be confirmed against a purchaser without notice Enlargement of Base Fees. 39. Whenever a person entitled to a base fee shall become entitled to the immediate reversion in fee, the base fee shall not merge, but shall be enlarged Modes by which Estates Tail and Estates expectant thereon are to be barred, &c. SECT. PAGE 40. Any disposition by a tenant in tail under this act shall be effected by any assurance, being a deed or deeds, but not an agreement or will, by which he could have conveyed if seised in fee; and if a married woman, her husband's concurrence shall be necessary, and the deed effecting the disposition shall be acknowledged by her as after directed 363 41. No assurance by which a tenant in tail shall make a disposition under the act (except a lease not exceeding twenty-one years from the date, or not more than twelve months afterwards where the rent shall be the rack rent, or not less than five-sixth parts thereof), shall have any operation unless inrolled in Chancery within six calendar months 42. Consent of the protector shall be given by the assurance by which the disposition of a tenant in tail shall be effected, or by a distinct deed before or at the time of the assurance 43. If the protector consent by a deed distinct from the assurance, it shall be considered unqualified, unless he refer to the assurance and confine his consent to the disposition thereby made 44. Protector having given his consent shall not revoke the same 365 366 ib. ib. 45. A married woman protector may consent as if she were a feme sole ib. 46. The consent of a protector, if by a distinct deed, void, unless the deed be inrolled with or before the assurance ib. ib. 47. Courts of equity excluded from giving any effect to dispositions by tenants in tail, or consents of protectors of settlements, which in courts of law would not be effectual 48. The Lord Chancellor, Lord Keeper, or Lords Commissioners, or other persons entrusted with lunatics, or the Court of Chancery when protector, shall have power, upon motion or petition, to consent to the disposition by a tenant in tail, and to make such orders as shall be thought necessary; and if any other person shall be joint protector, the disposition shall not be valid without his consent.. .. 367 49. The order of the Lord Chancellor, Lord Keeper, or Lords Commissioners, or other persons entrusted with lunatics, or of the Court of Chancery when protector, shall be evidence of consent 369 Estates Tail in Copyholds. 50. The previous clauses shall apply to copyholds, except that disposition of legal estates therein shall be by surrender, and of equitable estates either by surrender or by deed as after provided, and except so far as they are varied by the clauses after contained .. 370 51. If the protector of a settlement of copyholds shall by deed consent to the disposition of a tenant in tail, such deed shall, at or before the surrender by the tenant in tail, be produced to the lord of the manor, or his steward or deputy, otherwise the consent shall be void; and the lord, or steward, or deputy, shall by indorsement on the deed acknowledge such production, and enter such deed and indorsement on the rolls, and the indorsement shall be evidence of such production, and he shall indorse on the deed a memorandum of the entry.. SECT. PAGE 52. If the consent of a protector of a settlement of copyholds shall not be by deed, it shall be given to the person taking the surrender of the tenant in tail; and if the surrender be out of court the consent shall be stated in the memorandum of surrender, and the memorandum signed by the protector shall be entered on the rolls, and shall be evidence of the consent and surrender; but if the surrender be in court, the lord, or steward, or deputy, shall enter the surrender on the rolls, with a statement that such consent had been given; and the entries or copies thereof shall be evidence, as other entries or copies 371 53. An equitable tenant in tail of copyholds shall have power by deed to dispose of the same under this act as if freehold, and such deed shall be entered on the rolls. If a protector, and his consent be given by a distinct deed, the consent shall be void, unless the deed be executed on or before the day on which the deed of disposition shall be executed, and such deed shall be entered on the rolls. Such entries shall be imperative on the lord, or steward, or deputy, and he shall indorse on such deed a memorandum of the entry. The deed of disposition, unless entered on the rolls, void against purchasers 54. Where a disposition of copyholds by a tenant in tail shall be by surrender or deed, such surrender, or the memorandum, or a copy thereof, or the deed of disposition, or the deed (if any) by which the protector shall consent, shall not require inrolment except on court rolls Bankrupts' Estates Tail. 372 .. 374 55. Repeal of the Bankrupt Act, 6 Geo. 4, c. 16, s. 65, so far as relates to estates tail in England and Ireland; but such repeal shall not extend to lands of a bankrupt under a commission or fiat issued on or before the 31st of December, 1833, nor to revive former acts 56. The commissioner, in the case of an actual tenant in tail becoming bankrupt after the 31st of December, 1833, shall by deed dispose of the same to a purchaser, and thereby create as large an estate as the actual tenant in tail could have done under this act, if not bankrupt; but if there be a protector whose consent would have been requisite to a disposition to the fullest extent, and he shall not consent, then the estate shall be an estate as large as such actual tenant in tail, if not bankrupt, could have created without such consent Life estate in remainder of non-trader when to be sold ib. 376 . 377 57. The commissioner, in the case of a tenant in tail entitled to a base fee becoming bankrupt, and of there being no protector, shall by deed dispose of the lands to a purchaser, and thereby enlarge such base fee to the same extent as the bankrupt might have done.. .. ib. 58. Where there is a protector, the disposition, with his consent, by the commissioner, in case of an actual tenant in tail becoming bankrupt, or of a tenant in tail entitled to a base fee becoming bankrupt, shall have the same effect as if made with the consent of the protector by the actual tenant in tail or tenant in tail so entitled. The previous clauses as to consent, in regard to lands not held by copy of court roll, shall, except as varied by the next clause, apply to every consent under this clause ib. SECT. 59. Every deed of disposition by the commissioner, as to lands not copyhold, shall be inrolled in Chancery within six calendar months, and as to copyhold lands, shall be entered on the court rolls; and if, as to copyhold lands, there be a protector to consent by a distinct deed, such deed shall be entered on the court rolls. Such entries shall be imperative on the lord, or steward, or deputy, and he shall indorse on each deed a memorandum of the entry .. 60. If the commissioners shall under this act dispose of the lands of an actual tenant in tail becoming bankrupt, and in consequence of there being a protector who shall not consent a base fee shall be created, such base fee, if during its continuance there shall cease to be a protector, shall be enlarged PAGE 378 .. 379 61. If a tenant in tail entitled to a base fee become bankrupt, such 63. All acts of a tenant in tail becoming bankrupt, and which, if he had been seised in fee, would have been void against the assignees, shall be void against any disposition under this act by the commissioner .. 64. Subject to the powers given to the commissioner, and to the estate in the assignees, a bankrupt actual tenant in tail, or a bankrupt tenant in tail entitled to a base fee, shall retain his powers of disposition under the act 65. The disposition by the commissioner of the lands of a bankrupt actual tenant in tail, or of a bankrupt tenant in tail entitled to a base fee, shall, if the bankrupt be dead, have, in the following cases, the same operation as if he were alive; viz.-1. If no protector at the death. 2. If the bankrupt had been actual tenant in tail, and at the time of the disposition there be issue inheritable, and also either no protector, or a protector who shall consent to the disposition, or a protector who shall not consent to the disposition. 3. If the bankrupt had been tenant in tail entitled to a base fee, and at the time of the disposition there be issue inheritable, and also either no protector, or a protector who shall consent to the disposition 66. Every disposition by the commissioner of copyhold lands, where the estate shall not be equitable, shall have the same operation as a surrender; and the person to whom such lands shall have been disposed of by the commissioner may claim to be admitted to hold by the ancient rents, customs and services, on paying the fines, fees and other dues ib. 379 380 381 ib. 382 SECT. PAGE 67. The assignees, until the disposition by the commissioner of the lands of a bankrupt, of which such commissioner has power to make disposition under the act, shall receive the rents of the lands, and shall recover the same, and enforce covenants and conditions against the lessees of such land, as if entitled to the reversion. This clause shall apply to all copyhold lands, but as to other lands, only to such as the commissioners may have power to dispose of after the bankrupt's death .. .. 68. All the provisions of the act for the benefit of the creditors of bankrupts, and for the confirmation of their voidable estates, shall apply to their lands in Ireland .. 383 ib. 69. Deeds relating to the lands of bankrupts in Ireland shall be inrolled in Chancery there within six calendar months Money to be laid out in Lands to be entailed. 384 70. Repeal of the statute 7 Geo. 4, c. 45, respecting entailed estates to be purchased with trust monies, except as to proceedings commenced before the 1st January, 1834; 39 & 40 Geo. 3, c. 56, not to be revived .. 71. Lands of any tenure to be sold where the purchase-money is subject to be invested in the purchase of lands to be entailed; and also money subject to be invested in like manner shall be subject to the same estates as the lands, if purchased, and the previous clauses shall apply, so far as circumstances will admit .. 72. Lands of any tenure in Ireland to be sold where the purchasemoney is subject to be invested in the purchase of lands to be entailed; and money under the control of a court of equity of Ireland, subject to be invested in like manner, shall be subject to this act in cases of bankruptcy The Inrolment of Deeds, &c. ib. 385 . 387 73. Practice of requiring deeds to be acknowledged before inrolment shall not apply to deeds to be inrolled under this act 74. Every deed required to be inrolled, by which lands or money subject to be invested in the purchase of lands shall be disposed of under this act, shall take effect as if inrolment had not been required, and shall have preference, except against a purchaser for valuable consideration, claiming under a subsequent deed previously inrolled.. 75. The Court of Chancery shall regulate the fees to be paid for the inrolment of deeds, and for searches and office copies 76. The Court of Common Pleas shall regulate the fees to be paid for entries on court-rolls and for indorsements on deeds, and for taking consents and surrenders in cases of dispositions by tenants in tail of copyholds.. |