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or become vested in the said principal officers by virtue of this act, except so far as the same may be inapplicable to any hereditaments vested in them by way of mortgage or security, while the same shall continue to be so held; and all the powers and authorities of the said last mentioned act given to bodies politic or corporate, and others, of contracting, and of conveying and surrendering lands and hereditaments, and otherwise, shall apply to messuages, lands, tenements, and hereditaments of copyhold, customary, and ancient demesne tenure, and to the purchase monies for the same; and all powers and authorities by the same act given to the barons or judges of his Majesty's Court of Exchequer relating to the purchase monies therein mentioned, and all other clauses, matters, and things whatsoever therein contained relating thereto, whether arising from the sale or purchase of lands or hereditaments or otherwise howsoever, shall apply to the monies which shall arise or become payable under this act; and all other clauses, matters, and things in the said recited acts or either of them contained, as far as the same shall be applicable to and not inconsistent with this act, shall apply to this act as fully and effectually to all intents and purposes as if all such powers, authorities, clauses, matters, and things, were respectively, severally, and separately repeated and reenacted in and made part of this act.”
$. 10.“ And be it further enacted, That in all contracts of every description, and in all conveyances, surrenders, leases, and other deeds and instruments whatsoever relating to the public service, which from and after the passing of this act shall or may be made or entered into by, to, or with the principal officers of the ordnance for the time being, or any two or more of them, or whereunto they or any two or more of them shall or may be parties, it shall be sufficient to call or describe the said principal officers by the style or title of “the principal officers of His Majesty's ordnance,” without naming them or any of them; and that all such contracts, conveyances, surrenders, leases, and other deeds and instruments wherein the said principal officers shall be called or described by their style or title as aforesaid, and the execution thereof respectively by the said principal officers, or any two or more of them, shall be as valid and effectual, and shall have the like force and operation, to all intents and purposes whatsoever, as if the said principal officers, or any two or more of them, had been particularly named and described therein."
2 GEO. IV. & 1 W. IV. c. 60.
“ An Act for amending the laws respecting conveyances and trans
fers of estates and funds vested in trustees and mortgagees; and for enabling courts of equity to give effect to their decrees and orders in certain cases."
[230 July, 1830.]
[The first sect. repeals the 6th Geo. IV. c. 74, and other acts relating to conveyances of estates vested in trustees, being infants, idiots, &c., but so that the acts repealed by the 6th Geo. IV. should not be revived.]
[The second sect. contains certain rules for the interpretation of the act, the first being that the provisions therein relating to land shall extend to and include any manor, messuage, tenement, hereditament, or real property, of whatever tenure.]
[The third sect. enacts that where any trustee or mortgagee of land shall be lunatic, the Lord Chancellor may direct the committee to convey such land, in such manner as he shall think proper.]
[The fifth sect. extends that power to the case of a person being lunatic, but who shall not have been found such by inquisition.]
g. 6. “ And be it further enacted, that where any person seised or possessed of any land upon any trust, or by way of mortgage, shall be under the age of twenty-one years, it shall be lawful for such infant, by the direction of the Court of Chancery, to convey the same to such person and in such manner as the said court shall think proper; and every such conveyance shall be as effectual as if the infant trustee or mortgagee had been, at the time of making or executing the same, of the age of twenty-one years."
§. 7. “ And be it further enacted, that where any person seised or possessed upon any trust or by way of mortgage of any land situated within the duchy of Lancaster, or the counties palatine of Chester, Lancaster, and Durham respectively, or the principality of Wales, shall be under the age of twenty-one years, it shall be lawful for such infant, by the direction of the court of the Duchy Chamber of Lancaster, the Court of Exchequer in the county palatine of Chester, the Court of Chancery in the county palatine of Lancaster, the Court of Chancery in the county palatine of Durham, and the several courts of Great Session in Wales respectively, as to premises within the jurisdiction of VOL. II.
the same courts respectively, to convey such lands to such person and in such manner as the said courts respectively shall think proper,
in like manner as such infant is hereinbefore empowered to convey the same by the direction of the Court of Chancery.”
$. 8. “And be it further enacted, that where any person seised of any land upon any trust shall be out of the jurisdiction of or not amenable to the
process of the Court of Chancery, or it shall be uncertain, where there were several trustees, which of them was the survivor, or it shall be uncertain whether the trustee last known to have been seised as aforesaid, be living or dead, or, if known to be dead, it shall not be known who is his heir; or if any trustee seised as aforesaid, or the heir of any such trustee, shall neglect or refuse to convey such land for the space of twentyeight days next after a proper deed for making such conveyance shall have been tendered for his execution by, or by any agent duly authorised by any person entitled to require the same; then and in every or any such case it shall be lawful for the said Court of Chancery to direct any person whom such court may think proper to appoint for that purpose, in the place of the trustee or heir, to convey such land to such person
and in such manner as the said court shall think proper; and every
such conveyance shall be as effectual as if the trustee seised as aforesaid, or his heir, had made and executed the same.”
§. 11. “And it be it further enacted, that every direction or order to be made in pursuance of this act by the Lord Chancellor, intrusted as aforesaid, or by the Court of Chancery, or by any other court hereinbefore mentioned, shall be signified by an order to be made in any cause depending in such court respectively, or upon petition in the lunacy or matter ; and such person as hereinafter is mentioned shall be the petitioner, whether such person be or be not under any legal disability; (that is to say,) if the same shall relate to a conveyance, transfer, receipt, or payment to or in such manner as may be directed by any person beneficially entitled, then upon the petition of the person or some or one of the persons beneficially entitled to the land, stock, or dividends to be conveyed, transferred, received or paid ; and if the same shall relate to a conveyance in order to vest any land or stock in a new trustee duly appointed by virtue of some power or authority, in some instrument creating or declaring the trusts of such land or stock, or by the Court of Chancery, either alone or together with any continuing trustee, then upon the petition either of the trustee or some or one of the trustees in whom the same shall be proposed to be vested, or of any person having an interest therein ; and if the same shall relate to the conveyance of an estate in
mortgage, then upon the petition of the person or some or one of the persons entitled to the equity of redemption thereof, or of the person or some or one of the persons entitled to the monies thereby secured, or the guardian or committee or some or one of the guardians or committees of the person entitled to such monies, if an infant or lunatic."
§. 12. “Provided always nevertheless, and be it further enacted, that where, on account of the length of time which shall have elapsed since the creation or last declaration of trust, the title of the person claiming a conveyance or transfer may appear to require deliberate investigation in the presence of all parties interested, in order to prevent the vesting of the legal estate in a person who may not really be entitled to the benefit thereof; or if under other circumstances it shall appear to the Lord Chancellor, intrusted as aforesaid, or the Court of Chancery, or any other court hereinbefore mentioned, not proper to make an order upon petition ; it shall be lawful for such Lord Chancellor or any such court to direct a bill to be filed to establish the right of the party seeking the conveyance or transfer, and upon the establishment by a decree of such right, by the same decree, or any order in the cause or in the lunacy, or both, to direct a conveyance or transfer to be made according to the intent of this act."
$. 13. “And be it further enacted, that any committee, infant, or other person directed by virtue of this act to make or join in making any conveyance, or transfer, or receipt, or payment, shall and may be compelled by the order to be obtained as hereinbefore is mentioned, to make and execute the same in like manner as trustees of full age, and of sane mind, memory, and understanding, are compellable to convey, transfer, or receive and pay over the trust estates or funds vested in them respectively."
[The 14th section provides for the payment of mortgage money belonging to infants, into the Bank of England.]
§. 15. “ And be it further enacted, that every person, being in other respects within the meaning of this act, shall be and be deemed to be a trustee within the meaning of this act, notwithstanding he may have some beneficial estate or interest in the same subject, or may have some duty as trustee to perform ; but in every such case, and in every case of a mortgagee, (not being a naked trustee,) it shall be in the discretion of the said Lord Chancellor, intrusted as aforesaid, or the said Court of Chancery, if under the circumstances it shall seem requisite, to direct a bill to be filed to establish the right of the party seeking the conveyance or transfer, and not to make the order for such conveyance or transfer
unless by the decree to be made in such cause, or until after such decree shall have been made."
§. 16. “And be it further enacted, That where any land shall have been contracted to be sold, and the vendor or any of the vendors shall have departed this life, either having received the purchase money for the same or some part thereof, or not having received any part thereof, and a specific performance of such contract, either wholly or as far as the same remains to be executed, or as far as the same by reason of the infancy can be executed, shall have been decreed by the Court of Chancery in the life time of such vendor or after his decease, and where one person shall have purchased an estate in the name of another, but the nominal purchaser shall, on the face of the conveyance, appear to be the real purchaser, and there shall be no declaration of trust from him, and a decree of the said court, either before or after the death of such nominal purchaser, shall have declared such nominal purchaser to be a trustee for the real purchaser, then and in every such case the heir of such vendor, or such nominal purchaser or his heir, in whom the premises shall be vested, shall be and be deemed to be a trustee for the purchaser within the meaning of this act.”
$. 17. “ And be it further enacted, That where any land shall have been contracted to be sold, and the vendor or any of the vendors shall have departed this life, having devised the same in settlement so as to be vested in any person for life or other limited interest, with any remainder, limitation, or gift over which may not be vested, or may be vested in some person from whom a conveyance of the same cannot be obtained, or by way of executory devise, and a specific performance of such contract, either wholly or so far as the same remained to be executed, shall have been decreed by the court of chancery, it shall be lawful for the court by whom such decree shall be made, by the same or any other decree, or any decretal order, or upon petition in the cause, to direct any such tenant for life, or other person having a limited interest, or the first executory devisee thereof, to convey the fee simple or other the whole estate contracted to be sold to the purchaser, or in such manner as the said court shall think
such conveyance shall be as effectual as if the person who shall make the same were seised of the fee simple or other the whole estate contracted to be sold.”
$. 18. “ And be it further enacted, That the several provisions hereinbefore contained shall extend to every other case of a constructive trust, or trust arising or resulting by implication of law; but in every