Numbers of the Clauses. 44. The Commissioners in the case of an actual Tenant in tail of lands of any tenure in England or Ireland becoming bankrupt, shall by deed inrolled dispose of the same, if freehold, to the assignees, and if copyhold, 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 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. 45. The Commissioners, in the case of a person entitled to a base fee in lands of any tenure in England or Ireland becoming bankrupt, and who if the base fee had not been created would have been actual Tenant in tail, where there is no Protector, shall by deed inrolled dispose of the lands, if freehold, to the assignees, and if copyhold, to a purchaser, and thereby enlarge the base fee into a fee-simple. 46. Every deed of disposition under this Act by the Commissioners of a Bankrupt, shall, when inrolled, take effect as if inrolment not required. 47. Where there is a Protector, the disposition, with his consent, by the Commissioners, in the case of an actual Tenant in tail becoming bankrupt, or of a person entitled to a base fee becoming bankrupt, and who if the base fee had not been created would have been actual Tenant in tail, or the conveyance of the Assignees with the consent of the Protector, shall have the same effect as if made with the consent of the Protector by the actual Tenant in tail or person so entitled. The previous Clauses as to consent, shall apply to every consent under this Clause, except that where the consent to the disposition by the Commissioners shall be by a distinct deed, such deed shall be inrolled with the deed of disposition, or before and in the same court; and where the consent to the conveyance by the assignees shall be by a distinct deed, such deed shall be inrolled in Chancery within six calendar months; and where the consent shall be in the conveyance by the assignees, such conveyance shall be inrolled in like manner. 48. If 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 cease to be a Protector, shall be enlarged. 49. If a person entitled to a base fee in lands, and who if the base fee had not been created would have been actual Tenant in tail, shall become bankrupt, and if when the Commissioners dispose of the lands under this Act there shall be a Protector who shall not consent, such base fee, if during its continuance there cease to be a Protector, shall be enlarged. 50. A voidable estate in favour of a purchaser by an actual Tenant in tail becoming bankrupt, or by a person entitled to a base fee becoming bankrupt, and who if the base fee had not been created would have been actual Tenant in tail, shall, by a disposition of the Commissioners under this Act, if no Protector, or being such with his consent, be confirmed. If in the case of an actual Tenant in tail, who shall have created a voidable estate on or before the 31st of December 1832, there be a Protector, and he shall not consent, then the voidable estate shall be confirmed, so far as he, if not bankrupt, could have made a disposition under this Act without such consent; but if when the lands are conveyed by the assignees there be a Protector, and he consent to the conveyance, or if after the disposition by the Commissioners and while only a base fee, there shall cease to be a Protector, then the voidable estate shall, so far as not previously confirmed, be confirmed as against all persons, except those whose rights are saved. 51. All acts of a Tenant in tail becoming bankrupt, and which if he had been seised in fee would have been void against the conveyance of the Commissioners to the assignees, shall be void against any disposition under this Act by the Commissioners. IX. 52. Repeal of the Statute 7 Geo. 4. e. 45, respecting entailed estates to be purchased with trust monies; 39 & 40 Geo. 3. c. 56. not to be revived. Numbers of the Clauses. 53. Money to be laid out in lands to be entailed shall be treated as land subject to the same estates as the lands if purchased, and the previous Clauses shall apply to such money as if the same were laid out in freehold lands; and, except as to Commissioners of Bankrupts, the assurance by which any disposition of such money shall be effected, shall be a deed which shall have no operation unless inrolled in Chancery within Six calendar months. If a Protector, and his consent be given by a distinct deed, the consent shall be void, unless inrolled in Chancery with or before the deed of disposition. 54. This Act shall apply to stocks or funds, or real or other securities, in which money to be laid out in lands to be entailed shall be invested. FOURTH SET OF ENACTMENTS: New Provisions, respecting Married Women. I. Their Powers of disposition with the concurrence of their Husbands. II. Their separate examination and acknowledgment of deeds. III. Their separate examination on the surrender of their equitable estates in copyholds. IV. The Court of Common Pleas empowered to dispense with the concurrence of their Husbands, in certain cases. I. 55. After the 31st of December 1832, a married Woman, in every case except that of being tenant in tail, may by deed dispose of lands of any tenure, and money to be laid out in lands of any tenure, 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. 56. The powers of disposition given to a married Woman by this Act shall not interfere with any other powers she may have. II. 57. 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. 58. 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. 59. 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 certificates after mentioned; and such officer shall transmit to the Clerk of the Peace for each county, or his deputy, a Copy of the List for that county, and shall deliver a Copy of the List for any county to any person applying; and the Clerk of the Peace, or his deputy, shall deliver a Copy of the List last transmitted to him to any person applying. 60. If from being beyond the seas, &c. a married Woman be prevented from making the acknowledgment before a Judge or a Master in Chancery, or any of the Perpetual Commissioners, the Court of Common Pleas or any Judge thereof may appoint Special Commissioners for the purpose. 61. When a married Woman shall acknowledge a deed, the Judge, Master in Chancery, or Commissioners taking the acknowledgment, shall sign a memorandum, to be indorsed or written at the foot or in the margin of the deed, to the effect mentioned in the Act, and shall also sign a certificate of the taking of such acknowledgment, to be engrossed on a separate piece of parchment, which certificate shall be to the effect mentioned in the Act. Numbers of the Clauses. 62. Every certificate, with an affidavit verifying the same, shall be lodged with some officer of the Court of Common Pleas, who shall examine the certificate, and see that it is signed and verified, and contains the requisite statement, and if so, shall cause the same and the affidavit to be filed of record in the said court. 63. On the filing of the certificate, the deed shall by relation take effect from the time of its having been acknowledged. 61. The officer with whom the certificates are lodged shall make and keep an index of the same. 65. After the filing of a certificate, the officer shall, on application, deliver a copy thereof, signed by him, and such copy shall be evidence of the acknowledgment. 66. The Lord Chief Justice of the Common Pleas shall appoint the officer with whom the certificates shall be lodged; and the Court of Common Pleas shall make orders touching the examination, memorandums, certificates and affidavits, and the time when the proceedings shall take place, and the amount of fees. III. 67. A married Woman shall be separately examined on the surrender of copyholds, to which she alone, or she and her husband in her right, may be entitled for an equitable estate, as if such estate were legal. IV. 68. Power to the Court of Common Pleas in the case of a Husband being lunatic or otherwise incapable of executing a deed or making a surrender of copyholds, or of his residence being unknown, or of his living separate from his wife, by an order on the application of the wife, to dispense with his concurrence in any case except as Protector, where he is of unsound mind, LAST ENACTMENT. 69. To make any disposition, or to give any consent, &c. under this Act, it shall not be necessary to refer to the same. |