SECT. 57. The commissioner, in the case of a tenant in tail entitled to a base fee becoming bankrupt, and of there being no protector, shall by deed dispose of the lands 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, the disposition, with his consent, by the commissioner, in case of an actual tenant in tail becoming bankrupt, or of a tenant in tail entitled to a base fee becoming bankrupt, shall have the same effect as if made with the consent of the protector by the actual tenant in tail or tenant in tail so entitled. The previous clauses as to consent, in regard to lands not held by copy of court roll, shall, except as varied by the next clause, apply to every consent under this clause.. PAGE 364 365 59. Every deed of disposition by the commissioner, as to lands not copyhold, shall be inrolled in Chancery within six calendar months, and as to copyhold lands, shall be entered on the court rolls; and if, as to copyhold lands, there be a protector to consent by a distinct deed, such deed shall be entered on the court rolls. Such entries shall be imperative on the lord, or steward, or deputy, and he shall indorse on each deed a memorandum of the entry ib. 60. If the 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 shall 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 protecter, shall be enlarged 366 ib. 62. A voidable estate in favour of a purchaser by an actual tenant in tail becoming bankrupt, or by a tenant in tail entitled to a base fee becoming bankrupt, shall, by a 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, and the voidable estate shall not be good to the extent of the estate which the actual tenant in tail could create without such consent, then the voidable estate shall be confirmed, so far as he, if not the bankrupt, could have made a disposition under this act without such consent; and if after the disposition by the commissioner, 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. But the estate shall not be confirmed against a purchaser without notice .. 367 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 368 SECT. 64. Subject to the powers given to the commissioner, and to the 65. The disposition by the commissioner of the lands of a bank- 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, shall receive the rents of the lands, and shall recover the same, and enforce covenants and conditions against the lessees of such land, as if entitled to the reversion. This clause shall apply to all copyhold lands, but as to other lands, only to such as the commissioners may have power to dispose of after the bankrupt's death PAGE 368 369 ib. .. 370 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 .. 371 69. Deeds relating to the lands of bankrupts in Ireland shall be inrolled in chancery there within six calendar months Money to be laid out in Lands to be entailed. .. ib. 70. Repeal of the statute 7 Geo. 4, c. 45, respecting entailed estates to be purchased with trust monies, except as to proceedings commenced before the 1st January, 1834; 39 & 40 Geo. 3, c. 56, not to be revived .. 372 71. Lands of any tenure to be sold where the purchase-money is subject to be invested in the purchase 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 .. 373 72. Lands of any tenure in Ireland to be sold where the purchase-money is subject to be invested in the purchase of SECT. PAGE lands to be entailed; and money under the control of a court of equity of Ireland, subject to be invested in like manner, shall be subject to this act in cases of bankruptcy 374 The Inrolment of Deeds, &c. 73. Practice of requiring deeds to be acknowledged before inrolment shall not apply to deeds to be inrolled under this act . 375 74. Every deed required to be inrolled, 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 inrolment had not been required, and shall have preference, except against a purchaser for valuable consideration, claiming under a subsequent deed previously inrolled .. 376 75. The Court of Chancery shall regulate the fees to be paid for the inrolment of deeds and for searches and office copies ib. 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 surrenders in cases of dispositions by tenants in tail of copyholds ib. 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.. .. 377 384 391 79. Every deed by a married woman for any of the purposes of Court of Common Pleas may make rule for preventing Com- ments . 392 ib. SECT. 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' PAGE .... 392 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 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 .. .. 82. The power to perpetual Commissioners to take acknowledgments shall not be confined to any particular place 83. If from being beyond 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.. .. 84. 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 ingrossed on a separate piece of parchment, which certificate shall be to the effect mentioned in the act .. .. 393 394 ib. . 396 85. 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 .: .. 397 86. On the filing of the certificate, the deed shall by relation take effect from the time of its having been acknowledged .. 402 87. The officer with whom the certificates are lodged shall make and keep an index of the same 88. 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 .. 403 ib. 89. 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 90. A married woman shall be separately examined on the surrender of copyholds, to which she alone, or she and her ib. SECT. husband in her right, may be entitled for an equitable 91. 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 where the Lord Chancellor, or Lord Keeper, or Lords Commissioners, or other persons entrusted with lunatics, or the Court of Chancery, shall be the protector of a settlement in lieu of the husband 92. The act not to extend to Ireland, except where expressly PAGE 404 405 408 408-413 MARRIAGE SETTLEMENTS BY INFANTS. 18 & 19 Victoria, c. 43. 1. Infants may, with the approbation of the Court of Chancery, 2. In case infant die under age, appointment, &c. to be void 4. Act not to apply to males under twenty years, or females under seventeen years of age 2. Widows to be entitled to dower out of equitable estates 3. Seisin not to be necessary to give title to dower 4. Estates, if disposed of by husband, not to be liable to dower 425 5. Partial estates and charges created by husband to have priority over dower 6,7. Dower may be barred by a declaration in a deed, or by a declaration in the husband's will.. 8. Dower to be subject to conditions declared by the husband's will 9. Devise of real estate to the widow to be a bar of dower |