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FINES AND RECOVERIES ACT 1833 - SECT 62

A voidable estate created in favour of a purchaser by an actual tenant in tail or tenant in tail entitled to a base fee, who afterwards becomes bankrupt, shall be confirmed by the disposition of the commissioner, if no protector or being such with his consent, or on there ceasing to be a protector, &c.; except against a purchaser without notice.

62. Provided always, that where 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 have already created or shall hereafter create in such lands, or any of
them, a voidable estate in favour of a purchaser for valuable consideration,
and such actual tenant in tail, or tenant in tail so entitled as aforesaid,
shall be adjudged a bankrupt under any such fiat as aforesaid, and the
commissioner acting in the execution of such 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 case if there shall be no protector of the
settlement by which the estate tail of the actual tenant in tail, or the
estate tail converted into a base fee, as the case may be, was created, or
being such protector he shall consent to the disposition by such commissioner
as aforesaid, whether such commissioner may have made under this Act a
previous disposition 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
the effect of confirming such voidable estate in the lands thereby disposed of
to its full extent as against all persons except those whose rights are saved
by this Act; and if at the time of the disposition by such commissioner in the
case of an actual tenant in tail, there shall be a protector, and such
protector shall not consent to the disposition by such commissioner, and such
actual tenant in tail if he had not been adjudged a bankrupt, would not
without such consent have been 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.

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