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FINES AND RECOVERIES ACT 1833 - SECT 58

Consent of the protector, &c., in cases of bankruptcy.

58. The commissioner acting in the execution of any such fiat as aforesaid
under which a person being or before obtaining his certificate becoming an
actual tenant in tail of lands of any tenure, or a tenant in tail entitled to
a base fee in lands of any tenure, shall be adjudged a bankrupt, shall, if
there shall be a protector of the settlement by which the estate tail of such
actual tenant in tail, or the estate tail converted into a base fee (as the
case may be), was created, stand in the place of such actual tenant in tail,
or tenant in tail so entitled as aforesaid, as far as regards the consent of
such protector; and the disposition of such lands, or any of them, by such
commissioner as aforesaid, if made with the consent of such protector, shall,
whether such commissioner may have made under this Act a prior disposition of
the same lands without the consent of such protector 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 Acts
hereafter to be passed concerning bankrupts, have the same effect as such
disposition would have had if such actual tenant in tail, or tenant in tail so
entitled as aforesaid, had not become bankrupt, and such disposition had been
made by him under this Act, with the consent of such protector; and all the
previous clauses in this Act, in regard to the consent of the protector to the
disposition of a tenant in tail of lands ..., and in regard to the time and
manner of giving such consent, and in regard to the inrolment of the deed of
consent, where such deed shall be distinct from the assurance by which the
disposition of the commissioner shall be effected, shall, except so far as the
same may be varied by the clause next herein-after contained, apply to every
consent that may be given by virtue of this present clause.


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