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Bankrupt's estates tail.

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 void against persons claiming under an assurance for valuable consideration entered on the rolls previously to such disposition being so entered.

54. No enrolment of dispositions of copyholds under this act, except entry on the court rolls, shall be necessary.

55. Repeal of the bankrupt act, 6th George IV., cap. 16, sec. 55, 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 before 1834, nor to revive former acts.

56. In the case of a person becoming bankrupt after 1833, any commissioner acting under the fiat shall by deed dispose of any estate tail which he may be entitled to before obtaining his certificate 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 who will not consent, then the estate shall be as large as such actual tenant in tail, if not bankrupt, could have created without such consent.

57. The commissioner, in the case of a tenant in tail entitled to a base-fee being bankrupt, and if there be no protector, shall by deed dispose of the land to a purchaser, and thereby enlarge such base-fee to the same extent as the bankrupt might have done.

58. Where there is a protector, a disposition by the commissioner, with his consent, shall have the same effect as if made by the bankrupt himself with such consent.

59. Every deed of disposition by the commissioner as to lands not copyhold, shall be enrolled in Chancery within six calendar months, and as to copy

hold lands, shall be entered on the court rolls, and if Bankrupt's as to copyhold lands the protector consent by a dis- estates tail. tinct deed, such deed must be executed on or before the day on which the deed of disposition shall be executed by the commissioner, and shall be entered on the court rolls. Such entries shall be imperative on the lord, and he shall indorse on each deed a memorandum of the entry.

60. If the commissioner 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 only shall be created, such base-fee, if during its continuance there cease to be a protector, shall be enlarged.

61. If a tenant in tail entitled to a base-fee become bankrupt, such base-fee, if sold or conveyed under the bankrupt acts, and if during its continuance there shall cease to be a protector, shall be enlarged.

62. A voidable estate created in favour of a purchaser by an actual tenant in tail, or a tenant in tail entitled to a base-fee who shall become bankrupt, shall by any disposition of the commissioner under this act, if no protector, (or being such with his consent,) be confirmed. If, in the case of an actual tenant in tail, there be a protector, and he shall not consent, then the voidable estate shall be confirmed, so far as such tenant in tail, if not bankrupt, could have confirmed the same without such consent; and if after the disposition by the commissioner there shall cease to be a protector, then the voidable estate shall be confirmed as against all persons except a purchaser, without express notice of the voidable estate.

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 en

Bankrupt's estates tail.

titled 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 tenant in tail, or tenant in tail entitled to a base-fee, although the bankrupt be dead at the time of disposition, shall have the same operation as if he were alive in the following cases :-). 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, who, if the base-fee had not been created, would have been actual tenant in tail, 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, as if such surrender had been actually made, on paying the fines, fees, and other dues.

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, or until it shall be ascertained that such disposition shall not be required, shall receive the rents of the lands, and shall recover the same, and enforce covenants and conditions against the lessees of such lands as if entitled to the reversion, this clause shall apply to 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, saving the rights of the crown.

69. Deeds relating to the lands of bankrupts in Ireland shall be enrolled in Chancery there, within six calendar months.

70. Repeal of the statute 7th George IV., cap. 45, respecting entailed estates to be purchased with trust moneys, except as to proceedings commenced before the 1st January 1834; 39th and 40th George III., cap. 56, not to be revived.

lands to be

entailed.

71. Lands of any tenure to be sold where the pur- Money to be chase-money is subject to be invested in the purchase laid out in 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 purchase-money is subject to be invested in the purchase of lands to be entailed, and money under the control of a court of equity in Ireland, subject to be invested in like manner, shall be subject to this act in cases of bankruptcy, the deed relating to the land to be enrolled in Ireland, to the money in England.

73. Practice of requiring deeds to be acknowledged before enrolment shall not apply to deeds to be enrolled under this act.

74. Every deed required to be enrolled, 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 enrolment had not been required, except against a purchaser for valuable consideration, claiming under a subsequent deed previously enrolled.

75. The Court of Chancery shall regulate the fees to be paid for the enrolment 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

Perpetual commission

ers.

surrenders in cases of dispositions by tenants in tai of copyholds.

Alienation by Married Women.

77. After the 31st December 1833, a married woman, in every case, except that of being tenant in tail, may by deed dispose of lands of any tenure, and money subject to be invested in the purchase of lands, and dispose of, release, surrender, or extinguish any estate therein, and may release or extinguish powers as if she were a feme-sole; but to render the same valid, her husband must concur, and the deed must be acknowledged by her as after mentioned. Not to extend to copyholds, where before this act she and her husband could have effected the same by surrender.

78. The powers of disposition given to a married woman by this act shall not interfere with any other powers she may have, except so far as the same may be affected by her disposition.

79. Every deed by a married woman for any of the purposes of this act, except such as may be executed by her as protector, shall be produced and acknowledged by her before a judge or master in Chancery, or two of the perpetual commissioners, or two special commissioners.

80. The judge, master in Chancery, or commissioners, before receiving the acknowledgment of a deed by a married woman, shall examine her apart from her husband, and, unless she freely consent, shall not permit her to acknowledge the deed.

81. The lord chief justice of the Common Pleas shall appoint perpetual commissioners for each county, for taking acknowledgments; and lists of the commissioners for each county shall be made out, and kept by the officer of the Common Pleas, who is to have the custody of the certificate after mentioned; and such officer shall transmit to the clerk of the peace for each county a copy of the list for that

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