Section 31 — Short title — Estates Tail Act 1853 (Tasmania) — Barrister AI

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Section 31 — Short title — Estates Tail Act 1853 (Tasmania) — Barrister AI

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Status information Long Title s 1Interpretation s 2How actual tenant in tail may dispose of entailed lands s 3Power of disposition not to extend to tenant in tail after possibility of issue extinct, &c.s 4Extent of the estate created by a tenant in tail by way of mortgage or for any other limited purpose s 5The owner of the first freehold estate under a settlement prior to an estate tail under the same settlement to be protector of the settlement s 6Each of 2 or more owners of prior estate to be sole protector as to his share s 7Repealed s 8Lessee at rent created by settlement not protector s 9No bare trustee or executor, &c., to be protector s 10Who shall be protector when owner of prior estate excluded by sections 8 and 9 s 11Power of settlor to appoint protector s 12In cases of lunacy, treason, or felony, &c., Court to be protector s 13Where there is a protector, his consent requisite to enable actual tenant in tail to create larger estate than base fee s 14Where base fee and protector, his consent required to exercise of power of disposition s 15Protector subject to no control in exercise of his power of consenting s 16A voidable estate by tenant in tail in favour of purchaser confirmed by subsequent disposition of tenant in tail under this Act, but not against a purchaser without notice s 17Base fee when united to immediate reversion enlarged instead of being merged s 18Tenant in tail to make disposition by deed as if seised in fee, but not by will or contract s 19Assurance by tenant in tail (except certain leases) inoperative unless registered s 20Consent of protector to be given by same assurance or by prior or contemporaneous distinct deed s 21If by distinct deed, consent deemed unqualified unless limited to particular assurance s 22Protector may not revoke consent s 23Married woman may consent as a feme sole s 24Consent by distinct deed void unless registered s 25Courts of equity excluded from giving effect to dispositions which in courts of law would not be effectual s 26Court, when protector, may consent to disposition and make necessary orders, and disposition not valid without consent of joint protector, if any s 27Order of Court to be evidence of consent s 28Act to apply to lands to be sold where purchase-money subject to be invested in purchase of lands to be entailed, and also to money subject to be invested in like manner s 29Deed required to be registered under Act to be void against claimant for valuable consideration under subsequent deed if latter first registered s 30Repealed s 31Short title

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Back33 / 33Forward

31

Short title

In force

31 Short title

This Act may be cited as the Estates Tail Act 1853.

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Previouss 30Repealed