Fines and Recoveries Act 1833

Power to equitable Tenants in Tail of Copyholds to dispose of their Lands by Deed.

LIII. Provided always, and be it further enacted, That a Tenant in Tail of Lands held by Copy of Court Roll, whose Estate shall be merely an Estate in Equity, shall have full Power by Deed to dispose of such Lands under this Act in the same Manner in every respect as he could have done if they had been of Freehold Tenure; and all the previous Clauses in this Act shall, so far as Circumstances will admit, apply to the Lands in respect of which any such equitable Tenant in Tail shall avail himself of this present Clause; and the Deed by which the Disposition shall be effected shall be entered on the Court Rolls of the Manor of which the Lands thereby disposed of may be Parcel; and if there shall be a Protector to consent, to the Disposition, and such Protector shall give his Consent by a distinct Deed, the Consent shall be void unless the Deed of Consent be executed by the Protector either on or at any Time before the Day on which the Deed of Disposition shall be executed by the equitable Tenant in Tail; and such Deed of Consent shall be entered on the Court Rolls; and it shall be imperative on the Lord of the Manor, or his Steward, or the Deputy of such Steward, when required so to do, to enter such Deed or Deeds on the Court Rolls, and he shall indorse on each Deed so entered a Memorandum, signed by him, testifying the Entry of the same on the Court Rolls: Provided always, that every Deed by which Lands held by Copy of Court Roll shall be disposed of under this Clause, by an equitable Tenant in Tail thereof, shall be void against any Person claiming such Lands, or any of them, or valuable Consideration under any subsequent Assurance duly entered on the Court Rolls of the Minor of which the Lands may be Parcel, unless the Deed of Disposition by the equitable Tenant in Tail be entered on the Court Rolls of such Manor before the subsequent Assurance shall have been entered.