No. I.

3 & 4 W. 4,

c. 74.

cution of any such fiat as aforesaid shall, under this act, dispose of lands not held by copy of court roll, shall be void unless inrolled in his Majesty's high court of chancery within six calendar months after the execution thereof; and every deed by which any commissioner acting in ment in chan- the execution of any such fiat as aforesaid shall, under this act, dispose cery of the deed of lands held by copy of court roll, shall be entered on the court rolls of disposition of of the manor of which the lands may be parcel; and if there shall be freehold lands, a protector who shall consent to the disposition of such lands held by and the entry copy of court roll, and he shall give his consent by a distinct deed, the on the court consent shall be void unless the deed of consent be executed by the of disposition of protector either on or at any time before the day on which the deed of copyhold disposition shall be executed by the commissioner; and such deed of lands; consent shall be entered on the court rolls; and it shall be imperative on the lord of every manor of which any lands disposed of under this act by any such commissioner as aforesaid may be parcel, or the steward of such lord, or the deputy of such steward, to enter on the court rolls of the manor every deed required by this present clause to and of the deed be entered on the court rolls, and he shall indorse on every deed so entered a memorandum, signed by him, testifying the entry of the same on the court rolls.

rolls of the deed

of consent.

Subsequent enlargement of base fees

created by the disposition of the commissioner.

ance of the

same under the bankrupt acts.

LX. That if any commissioner acting in the execution of any such fiat as aforesaid shall, under this act, dispose of any lands of any tenure of which the bankrupt shall be actual tenant in tail, and in consequence of there being a protector of the settlement by which the estate of such actual tenant in tail was created, and of his not giving his consent, only a base fee shall by such disposition be created in such lands, and if at any time afterwards during the continuance of the base fee there shall cease to be a protector of such settlement, then and in such case, and immediately thereupon, such base fee shall be enlarged into the same estate into which the same could have been enlarged under this act if at the time of the disposition by such commissioner as aforesaid there had been no such protector.

Enlargement of LXI. That if a tenant in tail entitled to a base fee in lands of any base fees subse- tenure shall be adjudged a bankrupt at the time when there shall be a quent to the protector of the settlement by which the estate tail converted into the sale or convey- base fee was created, and if such lands shall be sold or conveyed under the said acts of the sixth year of king George the fourth and the first and second years of king William the fourth, or either of them, or any other acts hereafter to be passed concerning bankrupts, and if at any time afterwards during the continuance of the base fee in such lands there shall cease to be a protector of such settlement, then and in such case, and immediately thereupon, the base fee in such lands shall be enlarged into the same estate into which the same could have been enlarged under this act if at the time of the adjudication of such bankruptcy there had been no such protector, and the commissioner acting in the execution of the fiat under which the tenant in tail so entitled shall have been adjudged a bankrupt had disposed of such lands under this act.

A voidable es

LXII. Provided always, That where an actual tenant in tail of lands tate created in of any tenure, or a tenant in tail entitled to a base fee in lands of any favour of a pur- tenure, shall have already created or shall hereafter create in such chaser by an lands, or any of them, a voidable estate in favour of a purchaser for actual tenant valuable consideration, and such actual tenant in tail, or tenant in tail in tail becoming so entitled as aforesaid, shall be adjudged a bankrupt under any such bankrupt, or by fiat as aforesaid, and the commissioner acting in the execution of such a tenant in tail fiat shall make any disposition under this act of the lands in which such voidable estate shall be created, or any of them, then and in such base fee be- case, if there shall be no protector of the settlement by which the estate coming bankrupt, confirmed tail of the actual tenant in tail, or the estate tail converted into a base by the disposi- fee, as the case may be, was created, or being such protector he shall tion of the com- consent to the disposition by such commissioner as aforesaid, whether missioner, if no such commissioner may have made under this act a previous disposition

entitled to a

3

No. I. & 4 W.

4,

c. 74.

of such lands or not, or whether a prior sale or conveyance of the same lands shall have been made or not under the said acts of the sixth year of king George the fourth and the first and second years of king William the fourth, or either of them, or any other acts hereafter to be passed concerning bankrupts, the disposition by such commissioner shall have protector, or the effect of confirming such voidable estate in the lands thereby dis- being such posed of to its full extent as against all persons except those whose with his conrights are saved by this act; and if at the time of the disposition by sent, or on there by such commissioner, in the case of an actual tenant in tail, there ceasing to be a shall be a protector, and such protector shall not consent to the disposiprotector; but not against a tion by such commissioner, and such actual tenant in tail, if he had not purchaser, been adjudged a bankrupt, would not without such consent have been without notice. capable under this act of confirming the voidable estate to its full extent, then and in such case such disposition shall have the effect of confirming such voidable estate so far as such actual tenant in tail, if he had not been adjudged a bankrupt, could at the time of such disposition have been capable under this act of confirming the same without such consent; and if at any time after the disposition of such lands by such commissioner, and while only a base fee shall be subsisting in such lands, there shall cease to be a protector of such settlement, and such protector shall not have consented to the disposition by such commissioner, then and in such case such voidable estate, so far as the same may not have been previously confirmed, shall be confirmed to its full extent as against all persons except those whose rights are saved by this act: Provided always, that if the disposition by any such commissioner as aforesaid shall be made to a purchaser for valuable consideration, who shall not have express notice of the voidable estate, then and in such case the voidable estate shall not be confirmed against such purchaser and the persons claiming under him.

LXIII. That all acts and deeds done and executed by a tenant in tail Acts of a bankof lands of any tenure, who shall be adjudged a bankrupt under any rupt tenant in such fiat as aforesaid, and which shall affect such lands or any of them, tail void against and which, if he had been seised of or entitled to such lands in fee any disposition simple absolute, would have been void against the assignees of the under this act by the commisbankrupt's estate, and all persons claiming under them, shall be void sioner. against any disposition which may be made of such lands under this act by such commissioner as aforesaid.

LXIV. Provided always, That, subject and without prejudice to the Subject to the powers of disposition given by this act to the commissioner acting in the powers given to execution of any such fiat as aforesaid under which a person being, or the commisbefore obtaining his certificate becoming, an actual tenant in tail of sioner, and to lands of any tenure, or a tenant in tail entitled to a base fee in lands of the estate in the assignees, a any tenure shall be adjudged a bankrupt, and also subject and without bankrupt teprejudice to the estate in such lands which may be vested in the assig- nant in tail shall nees of the bankrupt's estate, and also subject and without prejudice to retain his the rights of all persons claiming under the said assignees in respect powers of disof such lands or any of them, such actual tenant in tail, or tenant in position. tail so entitled as aforesaid, shall have the same powers of disposition under this act in regard to such lands as he would have had if he had not become bankrupt.

LXV. That any disposition under this act of lands of any tenure by The disposition any commissioner acting in the execution of any such fiat as aforesaid by the commisunder which a person being, or before obtaining his certificate becoming, sioner of the an actual tenant in tail of such lands, or a tenant in tail entitled to a lands of a bankbase fee in such lands shall be adjudged a bankrupt, shall, although the rupt tenant in tail shall, if the bankrupt be dead at the time of the disposition, be in the following cases as valid and effectual as the same would have been and have the same dead, have in bankrupt be operation under this act as the same would have had, if the bankrupt the cases herewere alive; (that is to say,) in case at the time of the bankrupt's decease in mentioned there shall be no protector of the settlement by which the estate tail the same operaof the actual tenant in tail, or the estate tail converted into a base fee, tion as if he as the case may be, was created; or in case the bankrupt had been an were alive.

No. I.

3 & 4 W. 4,

c. 74.

actual tenant in tail of such lands, and there shall at the time of the disposition be any issue inheritable to the estate tail of the bankrupt in such lands, and either no protector of the settlement by which the estate tail was created, or a protector of such settlement who, in the manner required by this act, shall consent to the disposition, or a protector of such settlement who shall not consent to the disposition; or in case the bankrupt had been a tenant in tail entitled to a base fee in such lands, and there shall at the time of the disposition be any issue who if the base fee had not been created would have been actual tenant in tail of such lands, and either no protector of the settlement by which the estate tail converted into a base fee was created, or a protector of such settlement who, in the manner required by this act, shall consent to the disposition.

Every disposi- LXVI. That every disposition which under this act may be made by tion by the any commissioner acting in the execution of any such fiat as aforesaid commissioner of lands held by copy of court roll shall, in every case in which the of copyhold estate of the bankrupt in such lands shall not be merely an estate in lands where the equity, operate in the same manner as if such lands had, for the same estate shall not estate which shall have been acquired by the disposition by such combe equitable to missioner as aforesaid, been duly surrendered into the hands of the lord have the same of the manor of which they may be parcel, to the use of the person to operation as a whom the same shall have been disposed of by such commissioner; and surrender; and the person to whom the lands shall have been so disposed of by such the person to whom such commissioner may claim to be admitted tenant of such lands, to hold land shall have the same by the ancient rents, customs, and services, in the same manbeen disposed ner as if such lands had been duly surrendered to his use into the hands of may claim to of the lord of the manor of which such lands may be parcel, and shall, be admitted on upon being admitted tenant of such lands, to hold the same as aforepaying the fines, &c.

Assignees to re

power to make

to enforce

said, pay the fines, fees, and other dues which could have been lawfully demanded upon such admittance if such lands had, for the same estate which shall have been acquired by the disposition by such commissioner as aforesaid, passed by surrender into the hands of the lord, to the use of the person so admitted.

LXVII. That the rents and profits of any lands of which any comcover rents of missioner acting in the execution of any such fiat as aforesaid hath the lands of a power to make disposition under this act shall in the meantime and bankrupt, of until such disposition shall be made, or until it shall be ascertained that which the com- such disposition shall not be required for the benefit of the creditors of missioner has the person adjudged bankrupt under the fiat, be received by the asdisposition, and signees of the estate of the bankrupt, for the benefit of his creditors; and the assignees may proceed by action of debt for the recovery of covenants, as if such rents and profits, or may distrain for the same upon the lands entitled to the subject to the payment thereof, and in case any action of trespass shall reversion. This be brought for taking any such distress may plead thereto the general clause to apply issue, and give this act or other special matter in evidence, and also, in to all copyhold case any such distress shall be replevied, shall have power to avow or lands; but as make cognizance generally in such manner and form as any landlord to other lands, may now do by virtue of the statute made in the eleventh year of the only to such as reign of his Majesty king George the second, intituled An Act for the more effectual securing the Payment of Rents and preventing Frauds by Tenants, or by any other law or statute now in force or hereafter to be made for the more effectually recovering of rent in arrear; and such assignees, and their bailiffs, agents, and servants, shall also have all such and the same remedies, powers, privileges, and advantages of 11 G. 2, c. 19. pleading, avowing, and making cognizance, and be entitled to the same costs and damages, and the same remedies for the recovery thereof, as landlords, their bailiffs, agents, and servants, are now or hereafter may be by law entitled to have when rent is in arrear; and such assignees shall also have the same power and authority of enforcing the observance of all covenants, conditions, and agreements in respect of the lands of which such commissioner as aforesaid hath the power of disposition under this act, and in respect of the rents and profits thereof, and of

the commis

sioner may dispose of after

the bankrupt's death.

No. I.

c. 74.

entry into and upon the same lands for the nonobservance of any such covenant, condition, and agreement, and of expelling and amoving 3 & 4 W. 4, therefrom the tenants or other occupiers thereof, and thereby determining and putting an end to the estate of the persons who shall not have observed such covenants, conditions, and agreements, as the bankrupt would have had in case he had not been adjudged a bankrupt : Provided always, that this clause shall apply to all lands held by copy of court roll, but shall only apply to those lands of any other tenure which any commissioner acting in the execution of any such fiat as aforesaid may have power to dispose of under this act after the bankrupt's decease.

LXVIII. That all the provisions in this act contained for the benefit All the proviof the creditors of persons who under such fiats as aforesaid shall be sions of the act adjudged bankrupts after the thirty-first day of December one thousand in regard to eight hundred and thirty-three, and for the confirmation in consequence bankrupts shall of bankruptcy of voidable estates created by them, shall extend and apply to their apply to the lands of any tenure in Ireland of such persons as fully and effectually as if this act had throughout extended to lands of any tenure in Ireland; saving always the rights of the king's most excellent Majesty, his heirs and successors, to any reversion or remainder in the crown in lands in Ireland.

lands in Ire

land.

LXIX. Provided always, That in all cases of bankruptcy, every deed Deeds relating of disposition under this act of lands in Ireland by any commissioner to the lands of acting in the execution of any such fiat as aforesaid, and also every bankrupts in deed by which the protector of a settlement of lands in Ireland shall Ireland to be consent, shall be inrolled in his Majesty's high court of chancery in inrolled in the Ireland within six calendar months after the execution thereof, and not court of chanin his Majesty's high court of Chancery in England.

cery there.

1834.

LXX. That after the thirty-first day of December one thousand eight Repeal of the hundred and thirty-three an act passed in the seventh year of the reign statute 7 G. 4, of his late Majesty king George the Fourth, intituled An Act for repeal- c. 45, except as ing an Act passed in the thirty-ninth and fortieth years of the Reign of to proceedings his late Majesty King George the Third, intituled An Act for the Relief commenced beof Persons entitled to Entailed Estates to be purchased with Trust Monies,' fore 1st Jan. and for making further Provision in lieu thereof,' shall be and the same is hereby repealed, except as to such proceedings under the act hereby repealed as shall have been commenced before the first day of January one thousand eight hundred and thirty-four, and which may be continued under the authority and according to the provisions of the act hereby repealed: Provided always, that the act repealed by the said act 39 & 40 G. 3, of the seventh year of the reign of his late Majesty king George the c. 56, not to be

fourth shall not be revived.

revived.

tenure to be

money is sub

LXXI. That lands to be sold, whether freehold or leasehold, or of any The previous other tenure, where the money arising from the sale thereof shall be clauses, with subject to be invested in the purchase of lands to be settled, so that any certain variaperson, if the lands were purchased, would have an estate tail therein, tions, to apply and also money subject to be invested in the purchase of lands to be to lands of any settled, so that any person, if the lands were purchased, would have an estate tail therein, shall for all the purposes of this act be treated as the sold, where the purchase lands to be purchased, and be considered subject to the same estates as the lands to be purchased would, if purchased, have been actually ject to be insubject to; and all the previous clauses in this act, so far as circum- vested in the stances will admit, shall, in the case of the lands to be sold as aforesaid purchase of being either freehold or leasehold, or of any other tenure, except copy lands to be enof court roll, apply to such lands in the same manner as if the lands tailed, and also to be purchased with the money to arise from the sale thereof were to apply to directed to be freehold, and were actually purchased and settled; and money subject shall, in the case of the lands to be sold as aforesaid being held by copy in like manner. of court roll, apply to such lands in the same manner as if the lands to be purchased with the money to arise from the sale thereof were directed to be copyhold, and were actually purchased and settled; and shall, in the case of money subject to be invested in the purchase of lands to be

N

to be invested

No. I.

3 & 4 W. 4, c. 74.

so settled as aforesaid, apply to such money in the same manner as if such money were directed to be laid out in the purchase of freehold lands, and such lands were actually purchased and settled; save and except that in every case where under this clause a disposition shall be to be made of leasehold lands for years absolute or determinable, so circumstanced as aforesaid, or of money so circumstanced as aforesaid, such leasehold lands or money shall, as to the person in whose favour or for whose benefit the disposition is to be made, be treated as personal estate, and, except in case of bankruptcy, the assurance by which the disposition of such leasehold lands or money shall be effected shall be an assignment by deed, which shall have no operation under this act unless inrolled in his Majesty's high court of chancery within six calendar months after the execution thereof; and in every case of bankruptcy the disposition of such leasehold lands or money shall be made by the commissioner, and completed by inrolment in the same manner as herein-before required in regard to lands not held by copy of court roll.

Lands of any LXXII. That so far as regards any person adjudged a bankrupt tenure in Ire- under any such fiat as aforesaid, the provisions of the clause lastly land, to be sold, herein-before contained shall, for the benefit of the creditors of the where the pur- bankrupt, apply to lands in Ireland to be sold, whether freehold or chase money is leasehold, or of any other tenure, where the money arising from the sale subject to be invested in the thereof shall be subject to be invested in the purchase of lands to be settled so that the bankrupt, if the lands were purchased, would have purchase of lands to be en- an estate tail therein, and also to money under the control of any court tailed, and of equity in Ireland, or of or to which any individuals as trustees may money under be possessed or entitled in Ireland, and which shall be subject to be the control of a invested in the purchase of lands to be settled so that the bankrupt, if court of equity the lands were purchased, would have an estate tail therein, as fully in Ireland, sub- and effectually as if this act had throughout extended to Ireland: Project to be invided always, that every deed to be executed by any commissioner or vested in like protector, in pursuance of this clause, in regard to lands in Ireland to manner, to be be so sold as aforesaid, shall be inrolled in his Majesty's high court of act in cases of chancery in Ireland within six calendar months after the execution subject to this bankruptcy. thereof; but every deed to be executed by any commissioner or protector, in pursuance of this clause, in regard to money subject to be invested in the purchase of lands to be so settled as aforesaid, shall be inrolled in his Majesty's high court of chancery in England within six calendar months after the execution thereof, and not in his Majesty's high court of chancery in Ireland; saving always the rights of the king's most excellent Majesty, his heirs and successors, to any reversion or remainder in the crown in lands in Ireland to be sold. LXXIII. That any rule or practice requiring deeds to be acknowbeing acknowledged before inrolment shall not apply to any deed by this act required ledged before to be inrolled in his Majesty's high court of chancery in England or inrolment. Every deed to LXXIV. That every deed required to be inrolled in his Majesty's be inrolled by high court of chancery in England or Ireland, by which lands, or which lands or money subject to be invested in the purchase of lands, shall be dismoney shall be posed of under this act, shall, when inrolled as required by this act, disposed of un- operate and take effect in the same manner as it would have done if der this act, to the inrolment thereof had not been required, except that every such take effect as if deed shall be void against any person claiming the lands or money inrolment not thereby disposed of, or any part thereof, for valuable consideration, under any subsequent deed duly inrolled under this act, if such subsequent deed shall be first inrolled.

As to deeds

required.

The court of

Ireland.

LXXV. That it shall be lawful for his Majesty's high court of chanchancery to re- cery in England, as to deeds to be inrolled in England under this act, gulate the fees and for his Majesty's high court of chancery in Ireland, as to deeds to to be paid for be inrolled in Ireland under this act, from time to time to make such the inrolment orders as the court shall think fit touching the amount of the fees and of deeds, &c. charges to be paid for the inrolment of such deeds, and to be paid for