26. In cases of fraud no time shall run whilst the fraud remains con- 27. Saving the jurisdiction of equity on the ground of acquiescence or 28. Mortgagor to be barred at the end of twenty years from the time when the mortgagee took possession, or from the last written Mortgagees within the definition in 3 & 4 Will. 4, c. 27, s. 1, may 29. No lands or rents to be recovered by ecclesiastical or eleemosynary corporation sole, but within two incumbencies and six years or 30. No advowson to be recovered but within three incumbencies or .. 33. No advowson to be recovered after one hundred years 34. At the end of the period of limitation the right of the party out of Writ of right of dower and quare impedit abolished as real actions, and to be commenced by writ of summons Writ and all proceedings thereupon to be the same as in ordinary 37. Real actions may be brought until 1st June, 1835 .. 38. Saving the rights of persons entitled to real actions only at the 39. No descent cast, discontinuance, or warranty to bar a right of entry 246 40. Money charged upon land and legacies to be deemed satisfied at the end of twenty years, if there shall be no interest paid or acknow- This section extended to cases of claims to estates of intestates.. 41. No arrears of dower to be recovered for more than six years 42. No arrears of rent or interest to be recovered for more than six 43. Act to extend to spiritual courts 44. Act not to extend to Scotland, nor to advowsons in Ireland 9. Limitation of actions for "merchants' accounts" 10. Absence beyond seas or imprisonment of a creditor not to be a 11. Period of limitation to run as to joint debtors in the kingdom though some are beyond seas. Judgment recovered against joint debtors in the kingdom to be no bar to proceeding against others 12. Definition of "beyond seas," within 4 & 5 Anne, c. 16, and this act ib. 13. Provisions of 9 Geo. 4, c. 14, ss. 1 and 8, and 16 & 17 Vict. c. 113, 14. Part payment by one contractor, &c. not to prevent bar by certain 1. Definition of words and expressions used in the act 2. No fine or recovery shall be levied or suffered after 31st December, 1833, except where a writ of dedimus or other writ shall have 3. Persons liable, after 31st December, 1833, to levy fines or suffer recoveries under covenants, to effect the purposes intended by means of this act; but in any case where the purpose of a fine or recovery cannot be so effected, the persons liable to levy fines or suffer recoveries shall execute a deed which shall have the 4. Fines and recoveries of lands in ancient demesne, when levied or suffered in a superior court, may be reversed as to the lord by writs of deceit, the proceedings in which are now pending, or by writs of deceit hereafter to be brought, but shall be as valid against the parties and persons claiming under them, as if not 5. Fines and recoveries of lands in ancient demesne, when levied or suffered in a manor court, after other fines and recoveries have been previously levied or suffered in a superior court, shall be as valid as they would have been if the tenure had not been changed; and fines and recoveries shall not be invalid in other cases, though levied or suffered in courts whose jurisdictions may not extend to the lands therein comprised, or which may be un- 6. The tenure of ancient demesne, where suspended or destroyed by fine or recovery in a superior court, restored in those cases in which the rights of the lord of the manor shall have been recognized within the last twenty years preceding the 1st of The Amendment of Fines and Recoveries, and the rendering them Valid in certain 7. Fines having errors or mistakes in the parcels or parties, apparent from the deeds declaring the uses, shall not require amendment 330 8. Recoveries having errors or mistakes in the parcels or parties ap- 9. The jurisdiction of courts to amend fines and recoveries in cases 10. No recovery shall be invalid in consequence of the neglect to inrol the bargain and sale, purporting to make the tenant to the writ of entry, provided the same would have been valid if the bargain 11. Recoveries invalid in consequence of there not being proper tenants to the writs of entry, made valid in case the persons having the beneficial estates shall have made the tenants to the writs in due The Custody of the Records of Fines and Recoveries. 13. The records and proceedings of fines and recoveries in the Courts of 336, 338 15. After the 31st of December, 1833, every actual tenant in tail in possession, remainder, contingency, or otherwise, shall have full power to dispose of the lands entailed in fee-simple absolute or for any less estate, saving the rights of certain persons 16. The power of disposition shall not be exercised by women tenants in tail ex provisione viri, under 11 Hen. 7, c. 20, except with such SECT. 17. Except as to lands in settlements made before the passing of this act, the 11 Hen. 7, c. 20, repealed 18. The power of disposition shall not extend to tenants in tail restrained by the 34 & 35 Hen. 8, c. 20, or by any other act; nor to tenants in tail after possibility of issue extinct 19. After the 31st of December, 1833, every person who would have been actual tenant in tail of lands if his estate tail had not been converted into a base fee, shall have full power to dispose of the lands so as to enlarge the base fee into a fee-simple absolute, saving the rights of certain persons 20. Act shall not extend to enable issue inheritable to estates tail to bar their expectancies .. 21. A disposition by a tenant in tail for any limited purpose shall, to the extent of the estate thereby created, be a bar in equity as well as at law; but if for an estate pur autre vie, or for years, the disposition shall in equity be a bar only so far as to give effect to the limited purpose Definition of the Protector. PAGE .. 349 22. Where there shall be under a settlement an estate for years deter- 24. Where the prior estate of a married woman shall not be settled to her separate use, she and her husband together shall be the protector; and where settled to her separate use, she alone shall be the protector .. 25. An estate limited by a settlement by way of confirmation or restoration of a previous estate shall, so far as regards the protector, be an estate under such settlement 351 352 ib. 26. The owner of a lease at a rent, created or confirmed by a settlement, shall not be the protector 27. No woman in respect of her dower, and (except in the case of a bare trustee under a settlement made before 31st December, 1833) no bare trustee, heir, executor, administrator or assign, as such shall be the protector 28. Where the owner of the prior estate shall by the two last clauses not be the protector, the person who, if such estate did not exist, would be the protector, shall be the protector 29. Where in case of the disposition of a life estate on or before the 31st December, 1833, the person to make the tenant to the writ of entry in a recovery shall be the protector 30. Where in the case of a disposition of a reversion in fee, or any estate thereout, on or before the 31st of December, 1833, the person to make the tenant to the writ of entry in a recovery shall be the protector 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 .. 354 .. 355 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 357 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 .. 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 same.. ib. 360 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 .. . 361 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 .. 362 |