Where ten ant in tail is barred, re whom he might have barred shall With reference to adverse possession against a tenant in tail, and the consequences thereof, it is provided by the 21st section of the Statute of not recover. Limitations (3 & 4 Wm. 4. c. 27.) that when the right of a tenant in tail of any land or rent to make an entry or distress, or to bring an action to recover the same, shall have been barred by reason of the same not having been made or brought within the period by the act limited, which shall be applicable in such case, no such entry, distress or action shall be made or brought by any person claiming any estate, interest or right which such tenant in tail might lawfully have barred. Possession adverse to a tenant in tail runs on against the man whom he might have barred. If the tenant in tail of any land or rent entitled to recover the same dies before the expiration of remainder the period by the act limited, no person claiming any estate or interest which such tenant in tail might lawfully have barred, can make an entry or distress, or bring an action to recover such land. or rent, but within the period during which, if such tenant in tail had so long continued to live, he might have made such entry or distress, or brought such action. (3 & 4 Wm. 4. c. 27. s. 22.) Where there shall have been an assurance in tail, which the remain ders, they It is further enacted that when a tenant in tail of Session under any land or rent shall have made an assurance by a tenant thereof, which shall not operate to bar an estate or shall not bar estates to take effect after or in defeazance of his estate tail, and any person shall by virtue of such end of twenty assurance, at the time of the execution thereof, or at any time afterwards, be in possession or receipt of the profits of such land, or in the receipt of such have barred rent, and the same person or any other person shall be barred at the years after the time when the assurance, if then exe cuted, would them. (other than some person entitled to such possession or receipt in respect of an estate which shall have taken effect after or in defeazance of the estate tail) shall continue or be in such possession or receipt for the period of twenty years next after the commencement of the time at which such assurance, if it had then been executed by such tenant in tail, or the person who would have been entitled to his estate tail if such assurance had not been executed, would, without the consent of any other person, have operated to bar such estate or estates as aforesaid, then, at the expiration of such period of twenty years, such assurance shall be and be deemed to have been effectual as against any person claiming any estate, interest or right to take effect after or in defeazance of such estate tail. (3 & 4 Wm. 4. c. 27. s. 23). No. LXXVIII. CONVEYANCE by a TENANT in TAIL in POSSESSION THIS INDENTURE, made the day of BETWEEN " CONVEY ANCE BY TENANT IN TAIL IN POSSESSION. Recite settlement. A. B., of &c. [vendor], of the one part, and C. D., of &c. Parties. [purchaser], of the other part [recite the settlement, &c., whereby the vendor has become tenant in tail in possession]: AND Agreement WHEREAS the said A. B. hath contracted and agreed with the for sale in fee said C. D. for the absolute sale to him of the said lands and hereditaments comprised in and assured by the said hereinbefore recited indenture as aforesaid, with the appurtenances, and simple. CONVFY ANCE BY TENANT IN TAIL IN POSSESSION. Considera tion. Conveyance of parcels to purchaser in fee. Discharged of estates tail and remainders over. the freehold and inheritance thereof in fee simple in possession, No. LXXIX. IN TAIL IN DISPOSITION and CONVEYANCE by a TENANT in BY TENANT TAIL in REMAINDER, for the Purpose of barring REMAINDER the Entail: the PROTECTOR joins to give his Consent. WITH CON day of BETWEEN " SENT OF PROTECTOR. Parties. THIS INDENTURE, made the A. B., of &c. [tenant in tail in remainder], of the first part, C. D., of &c. [protector], of the second part, and E. F., of &c. [releasee], of the third part: WHEREAS M. N., late of, Recite will. deceased, in such manner as the law then required for rendering valid devises of freehold estates, duly signed and published his last will and testament in writing, bearing date the day of and thereby (amongst other things) gave and devised certain messuages, lands and hereditaments, in the county of in the said will described or referred to, to the use of the said C. D. and his assigns for his life, with remainder to the use of G. H. and his heirs, during the life of the said C. D., in trust for him, with remainder to the use of the said A. B., and the heirs of his body in tail male, with divers remainders over; and the said testator appointed the said G. H. executor of his said will: AND WHEREAS the said testator Death of tes tator, and will. of heredita purchase of ditaments departed this life on or about the day of —, without probate of his having in any respect altered or revoked his said will, which was duly proved by the said G. H. on the day of ——, in the Prerogative Court of the Archbishop of Canterbury: AND Sale of part WHEREAS certain portions of the said hereditaments devised by ments, and the said recited will have been sold under a power in that other herebehalf therein contained, and the monies produced by such sale under the same power have been laid out in the purchase of other hereditaments, which by an indenture dated the day of -, and made or expressed to be made between [parties], have been limited to the uses to which the hereditaments which have been so sold as aforesaid were limited by the said will: AND WHEREAS the said A. B. is desirous of defeating Desire to bar the said estate tail, and all other estates tail of him the said with consent the entail, of protector. BY TENANT IN TAIL IN REMAINDER PROTECTOR. Agreement to consent. Grant of parcels subjeet to uses of will, with consent of protector. A. B., of and in the said hereditaments now subject to the subsisting uses of the said will, and all remainders, reversions, WITH CON- estates, rights, titles, interests and powers to take effect after SENT OF the determination or in defeazance of such estates tail, and the said C. D., as protector of the said settlement, hath agreed to by protector join in these presents for the purpose of giving his consent to the disposition hereby made by the said A. B.: NOW THIS INDENTURE WITNESSETH, that for effectuating the said desire, he the said A. B., with the consent of the said C. D. (testified by his being party to and executing these presents), doth grant, dispose of and confirm unto the said E. F., his heirs and assigns, ALL AND SINGULAR the said messuages, lands and hereditaments by the said will limited as aforesaid (except such of the same hereditaments as have been sold as aforesaid). AND ALSO ALL AND SINGULAR the said messuages, lands and hereditaments which have been so purchased and are comprised in and have been conveyed by the said recited indenture of the day of ---as aforesaid, and are now subject to the uses of the said recited will: AND ALSO ALL OTHER the hereditaments (if any) which in any manner whatsoever are now subject to the subsisting uses of the said recited To hold (sub- Will [general words, and all the estate, &c.]: TO HAVE AND TO estate of pro- HOLD the same hereditaments and premises hereby granted and conveyed, or expressed and intended so to be, with their appur tenances, unto the said E. F. and his heirs (subject nevertheless and without prejudice to the estate and interest therein of the said C. D. for his own life as aforesaid, and also subject and without prejudice to the other uses or estates (if any) limited by the said will, which are prior to the use or estate thereby limited to the said A. B. in tail male, or any of the powers or privileges to such precedent uses or estates respectively be longing or annexed, or exercisable during the continuance thereof, but freed and absolutely discharged of and from the said estate tail and all other estates tail of the said A. B., and all remainders, reversions, estates, rights, titles, interests and ject to life tector) to grantor in fee, discharged of estates tail and remain. ders over. or in defeazance powers to take effect after the determination |