3. Provision for protection of heirs and executors against registered judgments ib. 4. Judgments as against heirs and executors to be re-registered .. 612 5. Extent of word "judgment" ib. CROWN DEBTS AND JUDGMENTS. 23 & 24 Victoria, c. 115. 1. Provisions of sects. 195, 196 and 197 of 16 & 17 Vict. c. 107, extended to all bonds to the crown .. 613 .. ib. 1. A release to be effectual, although no lease for a year shall be executed 616 ib. Release chargeable with the stamp duty to which the lease for a year would have been liable (now repealed) 2. The recital or mention of a lease for a year in a release executed before the passing of this act to be evidence of the execution of such lease for a year 1. Repeal of so much of 7 & 8 Vict. c. 70, as abolishes contingent remainders as from the commencement; and the residue as from 1st October, 1845 2. The immediate freehold of corporeal tenements to lie in grant as well as in livery. Stamp duty on grants thereof SECT. PAGE 3. Feoffments, partitions, exchanges, leases, assignments and surrenders required (subject to certain exceptions) to be by deed.. 619 4. Feoffments not to operate by wrong, nor exchanges or partitions to imply any condition, or give and grant any covenant 5. Strangers may take immediately under an indenture, and a deed, purporting to be an indenture, shall take effect as such .. 623 .. 625 6. Contingent and other like interests, also rights of entry, made alienable by deed, saving estates in tail; and as regards married women enjoining conformity to 3 & 4 Will. 4, c. 74; 4 & 5 Will. 4, c. 92 7. Capacity of married women to disclaim estates or interests by deed extended to England 8. Contingent remainders protected as from 31st December, 1844, against the premature failure of a preceding estate 9. When the reversion on a lease is gone, the next estate to be deemed the reversion 10. Act not to extend to Scotland ib. . 626 SATISFIED TERMS. 8 & 9 Victoria, c. 112. 1. On 31st December, 1845, satisfied terms of years attendant on inheritance, &c. of lands, to cease, except, &c. 2. Satisfied terms now subsisting, &c. to cease on becoming attendant upon inheritance, &c. of lands 1. Repeal of stats. 11 Geo. 4 & 1 Will. 4, c. 60; 4 & 5 Will. 4, c. 23; 1 & 2 Vict. c. 69 3. Lord Chancellor may convey estates of lunatic trustees and mortgagees 4. May convey contingent rights 5. Lord Chancellor may transfer stock of lunatic trustees and mort 7. Court of Chancery may convey estates of infant trustees and mortgagees 8. Contingent rights of infant trustees and mortgagees SECT. 10. Court may make order in cases where persons are seised of lands jointly with parties out of jurisdiction of court, &c. 11. Contingent rights of trustees PAGE .. 639 .. ib. 12. Court may make order in cases where persons are jointly entitled with others out of the jurisdiction of the court to a contingent right in lands ib. 13. When it is uncertain which of several trustees was the survivor .. ib. 14. When it is uncertain whether the last trustee be living or dead 15. When trustee dies without an heir.. 16. Contingent right of unborn trustee 17. Power to convey in place of a refusing trustee 18. Power to convey in place of person entitled to contingent right 19. Power to convey in place of mortgagee 20. Power to appoint a person to convey in certain cases ib. .. 640 ib. .. ib. 641 .. ib. 24. When one of several trustees of stock refuses to transfer or receive and pay over dividends .. 25. When stock is standing in the name of a deceased person 29. When a decree is made for sale of real estate for payment of debts 647 31. Power to make directions how the right to transfer stock to be exercised .. 32. Power to court to make order appointing new trustees 33. The new trustees to have the powers of trustees appointed by decree in a suit 34. Power to court to vest lands in new trustees 35. Power to court to vest right to sue at law in new trustees.. 36. Old trustees not to be discharged from liability 37. Who may apply to the court.. 39. Power for person having obtained master's certificate to apply to court.. 40. Power to present petition in the first instance 41. What may be done upon petition 42. Court may dismiss petition with or without costs 43. Power to make an order in a cause .. 44. Orders made by the Court of Chancery, founded on certain allegations, to be conclusive evidence of the matter contained in such allegations SECT. 47. Act not to prevent escheat or forfeiture of beneficial interest PAGE .. 656 48. Money of infants and persons of unsound mind to be paid into 52. Commission concerning person of unsound mind may be ordered.. ib. 53. Suit may be directed by the court ib. 54. Powers of Court of Chancery to extend to property in the colonies 658 55. Powers given to Court of Chancery may be exercised by that court in Ireland 56. Powers of Lord Chancellor in lunacy to extend to property in the colonies .. .. 57. Powers of Lord Chancellor in lunacy may be exercised by Lord Chancellor of Ireland THE TRUSTEES ACT EXTENSION. 15 & 16 Victoria, c. 55. 1. Court of Chancery may make an order for vesting the estate in lieu of conveyance by a party to the suit after a decree or order 2. Power to make an order for vesting the estate on refusal or neglect of a trustee to convey or release 3. Power to make an order for the transfer or receipt of dividends of stock in name of an infant trustee 4. On neglect to transfer stock for twenty-eight days order may be made vesting right to transfer in such person as the court shall appoint 5. On like neglect by executor similar order may be made 6. Bank of England and companies to comply with such orders 7. Indemnity to Bank and companies so obeying 8. Power to appoint new trustees in lieu of persons convicted of felony 9. Power to the court to appoint new trustees where there is no existing trustee ib. 10. Chancellor may make orders for appointment of trustees without it .. SECT. LEASES AND SALES OF SETTLED ESTATES. 19 & 20 Victoria, c. 120. 1. Interpretation of the terms "Settlement," "Settled Estates," "Tenant after possibility, &c." 2. Court of Chancery may authorize leases of settled estates, subject to certain conditions 3. Leases may contain special covenants 4. Parts of settled estates may be leased 5. Leases may be surrendered and renewed 6. Power to authorize leases to extend to preliminary contracts 7. Mode in which leases may be authorized PAGE 664 .. 665 8. What evidence to be produced on an application to authorize leases 9. After approval of a lease, court to direct who shall be the lessor .. 10. Powers of leasing may be vested in trustees.. 11. Court may authorize sale of settled estates and of timber.. 12. Consideration for land sold for building may be a fee-farm rent 13. Minerals, &c., may be excepted from sales .. 14. Court may authorize dedication of parts of settled estates for roads, &c. 15. How sales and dedications may be effected under the direction of the court 16. Application by petition to exercise powers conferred by this act .. 20. Notice of the exercise of powers to be given in newspapers 671 court.. 21. No application under this act to be granted where a similar appli- 22. Notice of the exercise of powers to be given by the court.. 24. Trustees may apply monies in certain cases without application to 25. Until money can be applied to be invested, and dividends to be 27. Court not to authorize any act which could not have been authorized 28. Acts of the court in professed pursuance of this act not to be invalidated 29. Costs 30. Lord Chancellor may make rules and orders 31. Rules and orders to be laid before parliament 32. Tenants for life, &c., may grant leases for twenty-one years |