CH. 3, s. 7. conditions, or provisoes contained in such lease, and on PT.III. T.12, the part of the lessee, his heirs, executors, administrators, or assigns, to be observed and performed." 2180. extend to certain leases. By s. 7, "this Act shall not extend to any lease by an Act not to ecclesiastical corporation or spiritual person, or to any lease of the possessions of any college, hospital, or charitable foundation, or to any lease where, before the passing of this Act, the hereditaments comprised in such lease have been surrendered or relinquished, or recovered adversely, by reason of the invalidity thereof, or there has been any judgment or decree in any action or suit concerning the validity of such lease," etc. 2181. is a note in showing intent to acceptance deemed a tion. By the stat. 12 & 13 Vict. c. 110, the operation of this Act was suspended till the 1st of June, 1850. And by the stat. 13 Vict. c. 17, the 3rd section of the 12 & 13 Vict. c. 26 was repealed. And by s. 2, where, upon or Where there before the acceptance of rent under any such invalid writing lease, as in the said first-recited Act mentioned, any confirm, receipt, memorandum, or note in writing, confirming such of rent to be lease, is signed by the person accepting such rent, or confirmasome other person by him thereunto lawfully authorised, such acceptance shall, as against the person so accepting such rent, be deemed a confirmation of such lease." 2182. By s. 3, "where during the continuance of the possession Where taken under such invalid lease, as in the said first-recited is able and willing to Act mentioned, the person for the time being entitled (sub- confirm, ject to such possession as aforesaid) to the hereditaments accept concomprised in such lease, or to the possession or the receipt of the rents and profits thereof, is able to confirm such lease without variation, the lessee, his heirs, executors, or administrators (as the case may require), or any person who would have been bound by the lease if the same had been valid, shall, upon the request of the person so able to confirm the same, be bound to accept a confirmation accordingly; and such confirmation may be by memo reversioner lessee to firmation. PT.III. T.12, randum or note in writing, signed by the person con CH. 3, s. 7. firming and accepting respectively, or by some other persons by them respectively thereunto lawfully authorised; and, after confirmation and acceptance of confirmation, such lease shall be valid, and shall be deemed to have had from the granting thereof the same effect as if the same had been originally valid." 2183. PT.III. T.12, CH. 3, s. S. Enabling clause, giving power of disposing of entailed land. SECTION VIII. Of Assurances under the Act for the Abolition of Fines and Recoveries (a). I. Assurances by Persons liable after the 31st of December, 1833, to levy a Fine or suffer a Recovery. By the stat. 3 & 4 Will. 4, c. 74, s. 3, persons liable after the 31st December, 1833, to levy fines or recoveries, or to procure the same to be levied or suffered, shall effect such of the intended purposes as can be so effected, by a disposition under the Act, and such of them as cannot be so effected, by a deed which shall purport to be intended to have, and which shall accordingly have, the same operation as a fine or recovery. 2184. II. Disposition of Freehold Lands by Tenants in Tail, Issue in Tail, and Persons entitled to Base Fees in general. By the stat. 3 & 4 Will. 4, c. 74, s. 15, "after the 31st day of December, 1833, every actual tenant in tail, whether in possession, remainder, contingency, or otherwise, may dispose of for an estate in fee simple absolute, or for any less estate, the lands entailed, as against all (a) This Act being so lengthy, and being in the possession of every practitioner in some form, is not given verbatim in this edition, but in the way of an abridgment. CH. 3, s. 8. persons claiming the lands entailed by force of any estate PT.12, tail which shall be vested in or might be claimed by, or which but for some previous Act would have been vested in or might have been claimed by, the person making the disposition, at the time of his making the same, and also as against all persons whose estates are to take effect after the determination or in defeasance of any such estate tail." 2185. in the case in tail ex 4 provisione viri. But, 1. By s. 16, this power of disposition as to lands Exception of which a woman is tenant in tail within the stat. 11 of a tenant Hen. 7, c. 20, under a settlement prior to the stat. 3 & Will. 4, c. 74, cannot be exercised by her, except with such assent as, if this Act had not been passed, would, under the provisions of the Act of Hen. 7, have rendered valid a fine or common recovery levied or suffered by her of such lands. 2. By s. 18, the power Exception of disposition does not extend to tenants of estates tail who by any Act are restrained from barring their from barring estates tail, or to tenants in tail after possibility of tail, and issue extinct. 3. By s. 20, a person cannot dispose of tail after any lands entailed in respect of any expectant interest of issu which he may have as issue inheritable to any estate tail Expectan therein. 2186. in the case their estates tenants in possibility cies of issue in tail. clause power to fees. By s. 19, after the 31st day of December, 1833, where Enabling an estate tail in any lands is barred and converted into a giving base fee, the person who would otherwise have been actual enlarge base tenant in tail of the same lands, shall have full power to dispose of such lands, as against all persons whose estates are to take effect after the determination or in defeasance of the base fee, so as to enlarge the base fee into a fee simple absolute. 2187. by a tenant limited By s. 21, if a tenant in tail of lands makes a disposition Disposition of the same under this Act, by way of mortgage, or for in tail for a any other limited purpose, such disposition is to the purpose. extent of the estate thereby created, an absolute bar to VOL. II. L CH. 3, s. 8. Pr.III. T.12, all persons as against whom such disposition is by this Act authorised to be made. 2188. Protector where none General rule. By s. 22, if at the time when there is a tenant in tail is appointed. of lands under a settlement, there is subsisting, in the same lands under the same settlement, any estate for years determinable on the dropping of a life or lives, or any greater estate (not being an estate for years), prior to the estate tail, the owner of such prior estate, or the first of such prior estates, if more than one, then subsisting under the same settlement, or who would have been so if no absolute disposition thereof had been made, shall be the protector of the settlement (a), although the same may have been charged or incumbered or absolutely disposed of; and an estate by the curtesy, in respect of the estate tail, or of any prior estate created by the same settlement, is to be deemed a prior estate under the same settlement within the meaning; and an estate by way of resulting use or trust to or for the settlor is deemed an estate under the same settlement. 2189. Protector in the case of part owners. Protector in the case of a married woman. Persons who are not to be By s. 23, where two or more persons are owners of a prior estate, each is the sole protector to the extent of his undivided share. 2190. By s. 24, where a married woman would, if single, be the protector of a settlement, she and her husband together are the protector of such settlement; but if such prior estate has by such settlement been settled, or agreed or directed to be settled, to her separate use, she alone is protector of such settlement. 2191. By ss. 27, 31, no woman, in respect of her dower, and protectors. (except in the case of a bare trustee under a settlement made on or before the 31st day of December, 1833, who would have been the proper person to make a tenant to the writ for suffering a common recovery to bar an estate tail), no bare trustee, heir, executor, administrator, or (a) See In re Dudson's Contract, L. R. 8 Ch. D. (Ap.) 628. PT.III. T.12, assign, is the protector. And by s. 28, where under any PH, 8. settlement there is more than one estate prior to an estate tail, and the owner of any prior estate is excluded from being the protector, the person (if any) who, if such estate did not exist, would be the protector, shall be such protector. 2192. the case of estate out of a remainder or reversion before 31st, 1833. By s. 29, where on or before the 31st day of December, Protector in 1833, an estate under a settlement has been disposed of, an of the person who in respect of such estate would have been or created the proper person to have made the tenant to the writ of entry or other writ for suffering a common recovery of the December lands entailed by such settlement, is the protector. And by s. 30, where any person who, on or before the 31st day of December, 1833, disposed of a remainder or reversion in fee in any lands, or created any estate out of such remainder or reversion, would otherwise have been the protector, and thereby be enabled to concur in the barring of such remainder or reversion, the person who would have been the proper person to have made the tenant to the writ of entry or other writ for suffering a common recovery of such land, is the protector. 2193. appoint Section 32 gives power to any settlor to appoint any Power to person or persons the protector and to perpetuate the protec- protector. torship. The number of persons to compose the protector is not to exceed three. Every deed whereby a protector is appointed or relinquishes his office, is to be void, unless inrolled in Chancery within six months. On the death of one of two or more protectors, the office of protector survives to the other or others (a). 2194. Lord Chan Court is By s. 33, if any person, protector of a settlement, is Where the lunatic, idiot, or of unsound mind, whether found such cellor or the by inquisition or not, the Lord Chancellor or other the to be the person or persons for the time being intrusted by the King's sign manual with the care and commitment of the (a) Bell v. Holtby, L. R. 15 Eq. 178. protector. |