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Court of Common Pleas, in the Case of a Husband being lunatic, &c. may dispense with his Concurrence, except where the Lord Chancellor or other Persons intrusted with Lunatics, or the Court of Chancery, shall be the Protector of a Settlement in lieu of the Husband.
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LXXXI. Provided always, and be it further enacted, That if a Husband shall, in consequence of being a Lunatic, Idiot or of unsound Mind, and whether he shall have been found such by Inquisition or not, shall from any other Cause be incapable of executing a Deed, or if his Residence shall not be known, or he shall be in Prison, or shall be living apart from his Wife, either by mutual Consent or by Sentence of Divorce, or in consequence of his being transported beyond the Seas, or from any other Cause whatsoever, it shall be lawful for the Court of Common Pleas in Dublin, by an Order to be made in a summary Way upon the Application of the Wife, and upon such Evidence as to the said Court shall seem meet, to dispense with the Concurrence of the Husband in any Case in which his Concurrence is required by this Act or otherwise ; and all Acts or Deeds to be done, executed, or made by the Wife in pursuance of such Order, in regard to Lands of any Tenure, or in regard to Money subject to be invested in the Purchase of Lands, shall be done, executed, or made by her in the same Manner as if she were a Feme Sole, and when done, executed, or made by her shall (but without Prejudice to the Rights of the Husband as then existing independently of this Act) be as good and valid as they would have been if the Husband had concurred: Provided always, that this Clause shall not extend to the Case of a married Woman where under this Act the Lord High Chancellor, Lord Keeper or Lords Commissioners for the Custody of the Great Seal, or other the Person or Persons intrusted with the Care and Commitment of the Custody of the Persons and Estates of Persons found lunatic, idiot, and of unsound Mind, or His Majesty’s High Court of Chancery, shall be the Protector of a Settlement in lieu of her Husband.
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