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TABLE OF PROVISIONS
Long Title
1. Section 1
2. No fine or recovery to be levied or suffered in Ireland after the
31st of October 1834.
3. Persons, after 31st October 1834, liable under covenants to levy
fines or suffer recoveries shall effect the purposes intended by
means of this Act; but if the purpose of a fine or recovery
cannot be so effected, the persons liable to levy fines or suffer
recoveries shall execute a deed which shall have the same operation
as the fine or recovery.
4. Fines made valid without amendment in certain cases.
5. Recoveries made valid without amendment in certain cases.
6. Saving jurisdiction to amend in cases not provided for.
7. Recoveries made valid in certain cases where bargain and sale is
not duly inrolled.
8. Recoveries invalid in consequence of there not being proper tenants
to the writs of entry made valid in certain cases.
9. Certain cases in which fines and recoveries shall not be made valid
by this Act.
10. Regulations as to the records of fines and recoveries in the High
Court.
11. Estates tail, and estates expectant thereon, no longer barrable by
warranty.
12. Power of actual tenant in tail, after 31st October, 1834, to
dispose of entailed lands in fee simple, or for a less estate,
saving the rights of certain persons.
13. Power of disposition not to be exercised by women tenants in tail
ex provisione viri under 1634 c.8 (10 Cha.1, sess.2) (I) except
with assent.
15. Proviso as to certain tenants in tail.
16. Power, after the 31st of October, 1834, to enlarge base fees;
saving the rights of certain persons.
17. Issue inheritable not to bar expectancies.
18. Extent of the estate created by a tenant in tail by way of
mortgage, or for any other limited purpose.
19. The owner of the first existing estate under a settlement, prior to
an estate tail under the same settlement, to be the protector of
the settlement.
20. Each of two or more owners of a prior estate to be the sole
protector as to his share.
22. Power to dispose of estates in lands not being vested estates.
23. Proviso as to protector in case of estates confirmed or restored by
settlement.
24. Proviso as to leases at rent created or confirmed by settlement.
25. No tenant in dower, bare trustee, heir, executor, &c. (except as
hereafter mentioned) to be protector.
26. Who shall be the protector where the owner of the prior estate
shall by the two last clauses be excluded.
27. Where, in the disposition of an estate before 31st October, 1834,
the person to make the tenant to the writ of entry in a recovery
shall be the protector.
28. Where, in the disposition of a reversion before 31st October, 1834,
the person to make the tenant to the writ of entry in a recovery
shall be the protector.
29. Where a bare trustee under a settlement made before the passing of
this Act shall be the protector.
30. Power to any settlor to appoint the protector.
31. In cases of lunacy, the lord-chancellor, &c., and in cases of
infancy, &c. the High Court to be the protector.
32. Where there is a protector, his consent shall be requisite to
enable an actual tenant in tail to create a larger estate than a
base fee.
33. Where there is a base fee, and a protector, his consent shall be
requisite to the exercise of the power of disposition.
34. The protector to be subject to no control in the exercise of his
power of consenting.
35. Certain rules of equity not to apply between a protector and a
tenant in tail.
36. A voidable estate by a tenant in tail, in favour of a purchaser,
shall be confirmed by a subsequent disposition of such tenant in
tail under this Act, but not against a purchaser without notice.
37. Base fees, when united with the immediate reversions, enlarged
instead of being merged.
38. Tenant in tail to make a disposition by deed, as if seised in
fee, but not by will or contract.
39. Every assurance by a tenant in tail, except a lease not exceeding
21 years at a rack rent, or not less than five sixths of a rack
rent, to be inoperative unless inrolled in High Court within six
months.
40. Consent of the protector to be given by the same assurance or by
a distinct deed.
41. If by distinct deed, the consent shall be considered unqualified,
unless it be expressly limited.
42. Protector not to revoke his consent.
44. Consent of a protector by distinct deed void, unless inrolled with
or before the assurance.
45. Courts of equity excluded from giving any effect to dispositions by
tenants in tail, or consents of protectors of settlements, which in
courts of law would not be effectual.
46. Lord chancellor, when protector may consent to a disposition by
tenant in tail, and may make such orders as shall be thought
necessary; and if any other person is joint protector, the
disposition shall not be valid without his consent.
47. Order of the lord chancellor, &c., to be evidence of consent.
49. The commissioner, in the case of an actual tenant in tail becoming
bankrupt after 31st October, 1834, shall by deed dispose of the
lands entailed to a purchaser for the benefit of the creditors.
50. Commissioner, in case of a tenant in tail entitled to a base fee
in lands becoming bankrupt, and of there being no protector, shall
by deed dispose of such land to a purchaser.
51. Consent of the protector, &c., in cases of bankruptcy.
52. Inrolment of the deed of disposition of lands by commissioner.
53. Subsequent enlargement of base fees created by the disposition of
the commissioner.
54. Enlargement of base fees subsequent to the sale or conveyance of
the same under Bankruptcy Acts.
55. 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.
56. Acts of a bankrupt tenant in tail void against any disposition
under this Act by the Commissioner.
57. Subject to the powers given to the commissioner, and to the estate
in the assignees, a bankrupt tenant in tail shall retain his powers
of disposition.
58. The disposition by the commissioner of the lands of a bankrupt
tenant in tail shall, if the bankrupt be dead, have in the cases
herein mentioned the same operation as if he were alive.
59. Assignees to recover rents of the lands of the bankrupt of which
the commissioner has power to make disposition and to enforce
covenants, as the bankrupt could have done if not adjudged bankrupt.
60. All the provisions of this Act in regard to bankrupts shall apply
to their lands in England.
61. Deeds relating to the lands of bankrupts in England to be inrolled
in the High Court there.
63. The previous clauses, with certain variations, to apply to 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 where money
is subject to be invested in like manner.
64. In cases of bankruptcy, lands of any tenure in England to be sold,
where the purchase money is subject to be invested in the purchase
of lands to be entailed, and money under the control of a court
of equity in England, subject to be invested in like manner, shall
be subject to this Act.
65. Deeds need not be acknowledged before inrolment.
66. Deeds to be inrolled shall after inrolment take effect as if
inrolment not required, except as to purchasers under subsequent
deeds previously inrolled.
[ Note: This table has been automatically generated and may be incomplete. ]
© 1834 Crown Copyright
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