Entail Act 1838

IIIWhere Deed of Entail is recorded after making an Excambion, any Contract entered into shall be registered at the same Time.

And be it enacted, That in case any Excambion shall be made of Lands held under a Deed of Entail which has not been recorded in the Register of Entails, and such Deed of Entail shall, after such Excambion, be recorded in the said Register, it shall be incumbent upon the Party registering the Entail to register also at the same Time in the said Register of Entails any Contract or Contracts of Excambion of any Part or Parts of the Entailed Estate entered into before the Registration of the Deed of Entail as aforesaid, and failing the Registration of such Contract or Contracts, such Deed of Entail, in so far as regards any such Excambion made before the Registration, shall be deemed and taken to be unrecorded in the said Register of Entails.