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18. No further time to be allowed for a succession of disabilities

19. Scotland, Ireland, and the adjacent islands, not to be deemed be-

yond seas

.. 207

20. When the right to an estate in possession is barred, the right of the
same person to future estates shall also be barred

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OF LIMITATION OF ACTIONS ON SPECIALTIES

OF LIMITATION OF ACTIONS ON SIMPLE CONTRACT
DEBTS, 21 Jac. 1, c. 16; 9 Geo. 4, c. 14

PAGE

. 277

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283

SECT.

THE MERCANTILE LAW AMENDMENT ACT, 1856.
19 & 20 Victoria, c. 97.

1. Persons acquiring title to goods before they have been seized or
attached under a writ against the seller protected

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311

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ib.

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312

9. Limitation of actions for "merchants' accounts" 10. Absence beyond seas or imprisonment of a creditor not to be a disability 11. Period of limitation to run as to joint debtors in the kingdom though some are beyond seas. Judgment recovered against joint debtors in the kingdom to be no bar to proceeding against others beyond seas after their return 12. Definition of "beyond seas," within 4 & 5 Anne, c. 16, and this act ib. 13. Provisions of 9 Geo. 4, c. 14, ss. 1 and 8, and 16 & 17 Vict. c. 113, ss. 24 and 27, extended to acknowledgments by agents 14. Part payment by one contractor, &c. not to prevent bar by certain statutes of limitations in favour of another contractor, &c. 16. Short title of act 17. Extent of act

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2. No fine or recovery shall be levied or suffered after 31st December, 1833, except where a writ of dedimus or other writ shall have been previously sued out ..

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3. Persons liable, after 31st December, 1833, to levy fines or suffer recoveries under covenants, to effect the purposes intended by means of this act; but in any case where 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

The Tenure of Ancient Demesne, &c.

4. Fines and recoveries of lands in ancient demesne, when levied or suffered in a superior court, may be reversed as to the lord by writs of deceit, the proceedings in which are now pending, or by writs of deceit hereafter to be brought, but shall be as valid against the parties and persons claiming under them, as if not reversed as to the lord

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326

ib.

327

SECT.

5. Fines and recoveries of lands in ancient demesne, when levied or suffered in a manor court, after other fines and recoveries have been previously levied or suffered in a superior court, shall be as valid as they would have been if the tenure had not been changed; and fines and recoveries shall not be invalid in other cases, though levied or suffered in courts whose jurisdictions may not extend to the lands therein comprised, or which may be unlawful, or held without due authority

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PAGE

.. 329

6. The tenure of ancient demesne, where suspended or destroyed by fine or recovery in a superior court, restored in those cases in which the rights of the lord of the manor shall have been recognized within the last twenty years preceding the 1st of January, 1834

.. 330

The Amendment of Fines and Recoveries, and the rendering them Valid in certain Cases.

7. Fines having errors or mistakes in the parcels or parties, apparent from the deeds declaring the uses, shall not require amendment 330 8. Recoveries having errors or mistakes in the parcels or parties apparent from the deeds making the tenants to the writs of entry, shall not require amendment

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9. The jurisdiction of courts to amend fines and recoveries in cases
not provided for by this act not taken away
10. No recovery shall be invalid in consequence of the neglect to inrol
the bargain and sale, purporting to make the tenant to the writ
of entry, provided the same would have been valid if the bargain
and sale had been inrolled

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11. Recoveries invalid in consequence of there not being proper tenants to the writs of entry, made valid in case the persons having the beneficial estates shall have made the tenants to the writs in due time..

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332

ib.

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12. Certain cases in which fines and recoveries shall not be made valid by this act

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The Custody of the Records of Fines and Recoveries.

13. The records and proceedings of fines and recoveries in the Courts of Common Pleas at Westminster and Lancaster, and in the Court of Pleas at Durham, shall be kept as the respective courts and justices shall direct, and searches may be made and extracts and copies obtained as heretofore, while in the custody of the present persons, and when kept by other persons then as shall be ordered by the court or justices having control over the same Further provisions made as to fines and recoveries..

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14. Estates tail and estates expectant thereon no longer barrable by warranty

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15. After the 31st of December, 1833, every actual tenant in tail in possession, remainder, contingency, or otherwise, shall have full power to dispose of the lands entailed in fee-simple absolute or for any less estate, saving the rights of certain persons

.. ib.

16. The power of disposition shall not be exercised by women tenants in tail ex provisione viri, under 11 Hen. 7, c. 20, except with such assent as required by that act

311

SECT.

17. Except as to lands in settlements made before the passing of this act, the 11 Hen. 7, c. 20, repealed

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342

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ib.

18. The power of disposition shall not extend to tenants in tail re-
strained by the 34 & 35 Hen. 8, c. 20, or by any other act; nor
to tenants in tail after possibility of issue extinct
19. After the 31st of December, 1833, every person who would have
been actual tenant in tail of lands if his estate tail had not been
converted into a base fee, shall have full power to dispose of the
lands so as to enlarge the base fee into a fee-simple absolute,
saving the rights of certain persons

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20. Act shall not extend to enable issue inheritable to estates tail to
bar their expectancies
21. A disposition by a tenant in tail for any limited purpose shall, to
the extent of the estate thereby created, be a bar in equity as
well as at law; but if for an estate pur autre vie, or for years, the
disposition shall in equity be a bar only so far as to give effect
to the limited purpose

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Definition of the Protector.

22. Where there shall be under a settlement an estate for years deter-
minable on life, or any greater estate prior to an estate tail under
the same settlement, the owner of such prior estate shall be the
protector of the settlement as to the lands in which such estate
shall subsist, though the same may have been charged or
disposed of; and an estate by the curtesy, in respect of the
estates tail or of any prior estate created by the same settlement,
shall be a prior estate; and an estate by way of resulting use or
trust for the settlor, and a right to the surplus rents, shall be an
estate within the meaning of this clause
23. Each of two or more owners of a prior estate shall be the sole pro-
tector to the extent of his undivided share

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343

344

349

351

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352

24. Where the prior estate of a married woman shall not be settled to
her separate use, she and her husband together shall be the pro-
tector; and where settled to her separate use, she alone shall be
the protector
25. An estate limited by a settlement by way of confirmation or restora-
tion of a previous estate shall, so far as regards the protector, be
an estate under such settlement
26. The owner of a lease at a rent, created or confirmed by a settle-
ment, shall not be the protector

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27. No woman in respect of her dower, and (except in the case of a bare trustee under a settlement made before 31st December, 1833) no bare trustee, heir, executor, administrator or assign, as such shall be the protector

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28. Where the owner of the prior estate shall by the two last clauses not be the protector, the person who, if such estate did not exist, would be the protector, shall be the protector

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353

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29. Where in case of the disposition of a life estate on or before the 31st December, 1833, the person to make the tenant to the writ of entry in a recovery shall be the protector

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30. Where in the case of a disposition of a reversion in fee, or any estate thereout, on or before the 31st of December, 1833, the person to make the tenant to the writ of entry in a recovery shall be the protector

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