{
  "url": "https://openlegislation.uk/fines-and-recoveries-act-1833/section-40",
  "json_url": "https://openlegislation.uk/fines-and-recoveries-act-1833/section-40.json",
  "legislation": "ukpga/Will4/3-4/74",
  "legislation_title": "Fines and Recoveries Act 1833",
  "legislation_url": "https://openlegislation.uk/fines-and-recoveries-act-1833",
  "path": "section/40",
  "kind": "section",
  "number": "40",
  "heading": "†Tenant in tail to make a disposition by deed as if seised in fee, but not by will or contract; and if a married woman, with her husband’s concurrence.",
  "text": "Every disposition of lands under this Act by a tenant in tail thereof shall be effected by some one of the assurances (not being a will) by which such tenant in tail could have made the disposition if his estate were an estate at law in fee simple absolute: Provided nevertheless, that no disposition by a tenant in tail shall be of any force either at law or in equity, under this Act, unless made or evidenced by deed; and that no disposition by a tenant in tail resting only in contract, either expressed or implied, or otherwise, and whether supported by a valuable or meritorious consideration or not, shall be of any force at law or in equity under this Act, notwithstanding such disposition shall be made or evidenced by deed; . . .",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "A dagger appended to a marginal note means that it is no longer accurate"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 40 amended by Law of Property Act 1925 (c. 20), s. 167"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Will4/3-4/74/section/40",
    "retrieved_at": "2026-10-29T13:49:50.149242+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}