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Entail Amendment Act 1853

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IVInstruments of Disentail may be executed, and the Sanction and Authority of the Court to record the same afterwards applied for.

It shall be lawful for any Heir of Entail who is or shall be in a Position to obtain his Lands disentailed under the Provisions of the said recited Act to execute an Instrument of Disentail thereof without the previous Sanction of the Court, and to produce such executed Instrument of Disentail either along with an Application to the Court for Authority to record such Instrument of Disentail in the Register of Tailzies, or at any Time in the Course of the Proceedings under such Application when he shall think fit or when such Production shall be ordered by the Court; and the whole Provisions of the said recited Act with reference to Applications to the Court by the said recited Act authorized shall be applicable and apply to such Applications as aforesaid, and to all Applications under this Act; and on such Application being presented, and such Consents, if any, as are required by the said recited Act being obtained, and on the Court being satisfied that the Procedure is regular, and in conformity with the Provisions of the said recited Act and of this Act, the Court shall grant Warrant for recording such Instrument of Disentail in the Register of Tailzies, and such Instrument of Disentail, when so recorded, shall have the like Effect and the like Privileges in all respects as any Instrument of Disentail duly recorded under the Provisions of the said recited Act.

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