pour autre vie, or for years, or to create a charge without a term for raising the same, the disposition shall in equity be a bar only so far as to give effect to the limited purpose.

22. Where there shall be under a settlement of Protector. any lands, an estate for years determinable on any life, or any greater estate, (not being an estate for years,) prior to an estate tail created by the same settlement, the owner of such prior estate, or the first of such prior estates, shall be the protector of the settlement, even though the same may be incumbered to the full value thereof, and although such owner may, by his bankruptcy or other act, have disposed thereof, and an estate, by the courtesy in respect of the estate tail, or of any prior estate created by the same settlement, and an estate by way of resulting use or trust for the settler, shall be an estate within the meaning of the clause.

23. Each of two or more owners of a prior estate shall be the sole protector, to the extent of his undivided share.

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.

26. The owner of a lease at a rent created or confirmed by a settlement, shall not be the pro

tector.

27. No woman in respect of her dower, and (except in the case of a bare trustee under a settlement made before 1834) no bare trustee, heir, executor, administrator, or assign, as such, shall be the pro

tector.

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. When an estate under a settlement shall have been disposed of before 1834, the person who, in respect of such estate, would have been the proper person to make the tenant to the writ of entry in a recovery, shall be the protector during the continuance of such estate.

30. In the case of a disposition of a reversion in fee, or any estate thereout, before 1834, the person to make the tenant to the writ of entry in a recovery shall be the protector.

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.

32. A settlor may, by the settlement entailing the lands, appoint any number of persons in esse not exceeding three, and not being aliens, to be protectors, and may by a power in the settlement perpetuate the protectorship, and the person who, but for this clause, would have been protector, may be one of the persons to be appointed protector, the deeds appointing to or relinquishing such office must be enrolled under the act.

33. The lord chancellor, lord keeper, lords commissioners, or other persons entrusted with lunatics, shall act as protectors where the protector shall be lunatic, whether found such by inquisition or not, but in cases where the protector shall be convicted of treason or felony, or (not being the owner of a prior estate) shall be an infant, or it shall be uncertain whether he is living, or where a settler shall in the settlement declare, that the person who, as owner of a prior estate under the settlement, would be protector, shall not be protector, and shall not appoint any person in his stead, or 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.

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 a base-fee.

35. Where there is a base-fee and a protector, his consent shall be as requisite to enable the person who would have been tenant of the estate tail, if not barred, to exercise the power of disposition, as if the estate had not been barred.

36. The protector shall be subject to no control from courts of equity or otherwise, in the exercise of his power of consenting, and an agreement by him to withhold his consent shall be void.

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.

estates.

38. A voidable estate by a tenant in tail in favour Confirmation of a purchaser, shall by any subsequent disposition of voidable by him whatsoever other than a lease not requiring enrolment, if no protector, or being such, with his consent be confirmed, if there be a protector, and he shall not consent, the voidable estate shall only be confirmed to the extent the tenant in tail could do so without such consent; but the estate shall not be confirmed against a purchaser for valuable consideration without express notice of the voidable estate.

39. Whenever a person entitled to a base-fee shall Enlargement become entitled to the immediate reversion in fee, of base-fee. the base-fee shall not merge, but shall be enlarged.p

40. Any disposition by a tenant in tail under this Instrument act shall be effected by some assurance by deed, (not by which tenbeing an agreement or will,) by which he could have conveyed if seised in fee, and if a married woman,

? The effect of this provision will be, to prevent any incumbrances upon the reversion from taking effect, which they would do if the base-fee were to merge.

ant in tail may convey.

Enrolment.

Consent of protector.

her husband's concurrence shall be necessary, and the deed effecting the disposition shall be acknowledged by her as after directed, no contract, though evidenced by a deed for a valuable consideration, shall be of any force under the act.

41. No assurance by which a tenant in tail shall make a disposition under the act, (except a lease not exceeding twenty-one years, to commence from the date, or within twelve months thereof, where a rackrent or not less than five-sixths parts thereof shall be reserved,) shall have any operation under this act unless enrolled in Chancery within six calendar months from the creation thereof, and a bargain and sale, if so enrolled, shall be good, though not enrolled within six months, according to the statute of enrolments.

42. Consent of the protector shall be given by the same assurance by which the disposition shall be effected, or by a distinct deed executed on or before "the day on which the assurance shall be made."

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 cannot revoke the same.

45. A married woman protector may consent as if she were a feme-sole.

46. The consent of a protector, if by a distinct deed, void, unless the deed be enrolled with or before the assurance.

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,

Lunar.

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.

49. Such orders of the lord chancellor, &c., shall be sufficient evidence of consent.

50. The previous clauses shall apply to copy holds, Estates tail in except that disposition of legal estates therein shall copyholds. 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. 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.

52. If the consent of the 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 good 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.

53. An equitable tenant in tail of copyholds may by deed 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