13 & 14 Vict. c. 60, s. 19. Application of section. Bastard mortgagee. Service. Power to ap the jurisdiction of the Court of Chancery, or cannot be found: When an heir or devisee of such mortgagee shall, upon a demand by a person entitled to require a conveyance of such lands or a duly authorized agent of such last-mentioned person, have stated in writing that he will not convey the same, or shall not convey the same for the space of twentyeight days next after a proper deed for conveying such lands shall have been tendered to him by a person entitled as aforesaid, or a duly-authorized agent of such last-mentioned person: When it shall be uncertain which of several devisees of such mortgagee was the survivor: When it shall be uncertain as to the survivor of several devisees of such mortgagee, or as to the heir of such mortgagee whether he be living or dead: When such mortgagee shall have died intestate as to such lands, and without an heir, or shall have died and it shall not be known who is his heir or devisee: And the order of the said Court of Chancery made in any one of the foregoing cases shall have the same effect as if the heir or devisee or surviving devisee, as the case may be, had duly executed a conveyance or assignment of the lands in the same manner and for the same estate (c). (c) Under the Conv. Act, 1881, s. 30 (post, p. 600), mortgage estates now devolve on the personal representative, unless they are of copyhold tenure (50 & 51 Vict. c. 78, s. 45; see Re Mills, 37 Ch. D. 312). Sect. 19 of the Trustee Act is not confined in its operation to a case of simple re-conveyance to the mortgagor. Where a mortgagee in fee (who had never been in possession or in receipt of the rents and profits) died intestate as to the mortgaged hereditaments, and his heir could not be found, the court, under this act, vested the legal estate in his executors, who proposed to transfer (Re Boden, 1 D. M. & G. 57; 9 Hare, 820; contra, Re Meyrick, 9 Hare, 116; see Re Lea, 6 W. R. 482). For the case where the mortgagee has been in possession, see Re Skitter (4 W. R. 791). And where the personal representative of a mortgagee assigns the mortgage, the heir of the mortgagee being out of the jurisdiction, the assignee may, under this section, obtain an order vesting the legal estate (Re Quinlan, 9 Ir. Ch. R. 306). So where the personal representative of a mortgagee sold under a power of sale, and the heir was not known (Re White, 1881, W. N. 115). But such an order will not be made where no sale or transfer has been proposed (Re Hewitt, 27 L. J. Ch. 302). A bastard mortgagee, having devised her real estate in terms which did not pass the legal estate in the mortgaged premises, died without issue, and the money was subsequently paid off. The crown offering no opposition, an order was made vesting the legal estate in a purchaser (Re Minchin, 2 W. R. 179). Where the personal representative of a mortgagee sold the mortgaged property, the legal estate outstanding in the heir of the mortgagee was vested in the purchaser, without service being required on the heir of the mortgagee or the personal representative of the deceased mortgagor (Re Wise, 5 De G. & Sm. 415). For form of order under this section, see Seton, 4th ed. 506. 20. In every case where the Lord Chancellor, intrusted as point a person aforesaid, or the Court of Chancery, shall, under the provisions to convey in certain cases. of this act, be enabled to make an order having the effect of a conveyance or assignment of any lands, or having the effect of a release or disposition of the contingent right of any person or persons, born or unborn, it shall also be lawful for the Lord Chancellor, intrusted as aforesaid, or the Court of Chancery, as the case may be, should it be deemed more convenient, to make the order appointing a person to convey or assign such lands, or release or dispose of such contingent right; and the conveyance or assignment, or release or disposition, of the person so appointed, shall, when in conformity with the terms of the order by which he is appointed, have the same effect in conveying or assigning the lands, or releasing or disposing of the contingent right, as an order of the Lord Chancellor, intrusted as aforesaid, or the Court of Chancery, would in the particular case have had under the provisions of this act (d); and in every case where the Lord Chancellor, intrusted as aforesaid, or the Court. of Chancery, shall, under the provisions of this act, be enabled to made an order vesting in any person or persons the right to transfer any stock transferable in the books of the Governor and Company of the Bank of England, or of any other company or society established or to be established, it shall also be lawful for the Lord Chancellor, intrusted as aforesaid, or the Court of Chancery, if it be deemed more convenient, to make an order directing the secretary, deputy secretary or accountantgeneral for the time being of the Governor and Company of the Bank of England, or any officer of such other company or society, at once to transfer or join in transferring the stock to the person or persons to be named in the order; and this act shall be a full and complete indemnity and discharge to the Governor and Company of the Bank of England, and all other companies or societies and their officers and servants, for all acts done or permitted to be done pursuant thereto (e). (d) This section, as far as relates to the jurisdiction in lunacy, has been repealed as to England by 53 Vict. c. 5, s. 342. A person can be appointed under this section to execute a lease (Hall v. Hale, 51 L. T. 226; Cowper v. Harmer, 57 L. T. 714; Derham v. Kiernan, I. R. 5 Eq. 217; Hodgson v. Bower, Seton, 4th ed. 529; see contra, Grace v. Baynton, 1877, W. N. 79). See also the power to order an officer of the court to execute documents given by the Jud. Act, 1884, s. 14. It is doubtful whether under this section a person could be appointed in place of an infant to convey in execution of a power given by statute, e. g., 1 Will. 4, c. 47, s. 11, ante, p. 373 (Wood v. Beatlestone, 1 K. & J. 213). Before 53 Vict. c. 5 (post, p. 538), persons were appointed under this section to convey on behalf of lunatics in the following cases. Where one of several trustees was a lunatic and a new trustee had been appointed (Re Jones, Zincraft's Will, 33 Ch. Div. 414; see Re Mason, 10 Ch. 273); in such a case the person appointed may be a continuing trustee (Re Vicat, 33 Ch. Div. 103). When the customary heir of a vendor who had covenanted to surrender copyholds was lunatic (Re Cuming, 5 Ch. 72). In a partition action when one part owner was lunatic (Re Nicholson, 34 Ch. Div. 663). Where after a decree for sale in a partnership action one partner was of unsound mind a person was appointed under this section (Herring v. Clarke, 4 Ch. 167). But a conveyance under this 13 & 14 Vict. c. 60, s. 20. 13 & 14 Vict. c. 60, s. 20. Who may be appointed. Person abso to stock. section cannot contain any contract binding the lunatic or his estate, such as (in the case of a lease) a covenant for quiet enjoyment (Cowper v. Harmer, 57 L. T. 714). In a foreclosure action against the infant heir of a mortgagee, his mother was appointed to convey (Foster v. Parker, 8 Ch. D. 147). Where the legal estate was vested in a tenant for life with remainder to an infant in tail, the agent of the vendor was appointed to convey for the infant on payment of the purchase-money into court (Hargreaves v. Wright, 1 W.R. 408). Where real estate devised to married women and infants was sold under a decree in lots, the court appointed the plaintiffs' solicitor to convey their shares to the several purchasers (Hancox v. Spittle, 3 Sm. & Giff. 478; and see Wilks v. Groom, 6 D. M. & G. 205, ante, p. 504). (e) Where stock was standing in the names of two trustees, who were lutely entitled both dead, the survivor having died intestate and being without a legal personal representative. The court appointed the absolute owner of the stock trustee of the fund for his own benefit, and ordered it to be transferred by the proper officer into his name (Re Dickson, 1872, W. N. 223; 21 W. R. 220; Re Price, 1883, W. N. 202). Palatine When trustees of stock out of the jurisdiction. Trustees out of jurisdic For forms of orders see the above cases, and Seton, 4th ed. 507; and as to the conveyance, see Ex p. Foley, 8 Sim. 395. The bank officer can only transfer for the person divested by the order. Any person jointly entitled must join in the transfer (Wade v. Hopkinson, Seton, 521; Hodgson v. Hodgson, ib.) [Sect. 21 contained provisions as to the jurisdiction of the Palatine Courts which have been replaced as follows:-Now as regards lands and personal estate in the County Palatine of Lancaster, the Lancaster Palatine Court (17 & 18 Vict. c. 82, s. 11), and, as regards lands and personal estate in the County Palatine of Durham, the Palatine Court of Durham (52 & 53 Vict. c. 47, s. 8), may exercise the powers and authorities of this act and the Trustee Act, 1852. In both cases, there is a proviso that no person who is within the jurisdiction of the High Court is to be deemed an absent trustee or mortgagee by a Palatine Court. When land is situate partly within and partly without the jurisdiction of the Lancaster Palatine Court, proceedings may be taken in the High Court (Wynne v. Hughes, 26 Beav. 377). As to orders in lunacy, see Re Ormerod, 3 De G. & J. 249]. 22. When any person or persons shall be jointly entitled with any person out of the jurisdiction of the Court of Chancery (g), or who cannot be found, or concerning whom it shall be uncertain whether he be living or dead (h) to any stock or chose in action upon any trust, it shall be lawful for the said court to make an order vesting the right to transfer such stock, or to receive the dividends or income thereof, or to sue for or recover such chose in action, or any interest in respect thereof, either in such person or persons so jointly entitled as aforesaid, or in such last-mentioned person or persons together with any person or persons the said court may appoint; and when any sole trustee (i) of any stock or chose in action shall be out of the jurisdiction of the said court, or cannot be found, or it shall be uncertain whether he be living or dead, it shall be lawful for the said court to make an order vesting the right to transfer such stock, or to receive the dividends or income thereof, or to sue for and recover such chose in action, or any interest in respect thereof, in any person or persons the said court may appoint (). (g) The husband of an executrix out of the jurisdiction was held to be a trustee within this section (Ex p. Bradshaw, 2 D. M. & G. 900; see now M. W. P. Act, 1882, s. 18). It has been held that when a lunatic or infant 13 & 14 Vict. trustee is also out of the jurisdiction, the case falls within the provisions c. 60, s. 22. applicable to the cases of lunacy and infancy (Re Cramer, 5 D. & Sm. 312; see Re Smith, I. R. 4 Eq. 180; see, however, Re Gardner, 10 Ch. D. 29). Where a trustee of stock was absent from England in command of a vessel on a voyage to India, he was not out of the jurisdiction within 11 Geo. 4 & 1 Will. 4, c. 60 (Hutchison v. Stephens, 5 Sim. 498). A debtor in India mortgaged shares in an English company to a creditor in England; upon sale by the mortgagee the debtor was a trustee of the shares for the purchaser within this section (Re Angelo, 5 D. G. & Sm. 278). (h) Where stock was standing in the names of A. and B. as trustees for Death of a lunatic, and A. had died long previously, but no proof upon which the trustee bank would act could be furnished of his death, an order under this section unprovable. was made upon B.'s death, appointing the bank's officer to concur with B.'s executor in tranferring the stock into court (Re Bourke, 2 D. J. & S. 426). (i) It was said that the term "sole trustee" meant a person originally Sole trustee. a sole trustee or one who has become sole trustee by surviving. A. and B. being trustees, the Master found that it was uncertain whether A. was living or dead, but B. was living; afterwards B. died. It was held, that A. was not a sole trustee within this section (Re Randall, 1 Drew. 401; see Re Hyatt, 21 Ch. D. 846). (k) Bank stock was standing in the names of four trustees, one of whom Form of was abroad and inaccessible. There being some inconvenience in removing order. him, the court, under this section, vested the right to receive the past and future dividends in the three other trustees during their joint lives (Re Peyton, 25 Beav. 317; 2 D. & J. 290; see, however, as to future dividends, Re Hartnall, 5 De G. & Sm. 111, post, p. 512). Where one of two trustees had been abroad for several years, and a new trustee had been appointed in his place, the right to tranfer was vested in the continuing and the new trustees (Re Blaine, 1886, W. N. 203; Re Keeley, 53 L. T. 487). The words "the court may appoint" mean appoint to transfer, not appoint as trustee (Re Blaine, sup.) It should appear on the face of the order that the trustee is out of the jurisdiction (Re Mainwaring, 26 Beav. 172). And see the form of order made under this section in Coles v. Benbow, 1873, W. N. 60. Orders have been made under this section vesting the right to transfer stock in a cestui que trust, who was absolutely entitled (Ex p. Bradshaw, 2 D. M. & G. 900; Re Ryan, 9 W. R. 137; and see Re White, 5 Ch. 698; see contra, Re Brass, 4 W. R. 764; and Re Dickson, ante, p. 510). Also in a trustee who was beneficially interested, but only for the purpose of a transfer into court (Frodsham v. Frodsham, 15 Ch. D. 317). For forms of orders, see Seton, 4th ed. 508-510. In petitions under this section, when there is a new trustee, he should Petition. be a co-petitioner (Re Keeley, 53 L. T. 487). refuses to 23. Where any sole trustee (1) of any stock or chose in action When trustee shall neglect or refuse to transfer such stock, or to receive the of stock dividends or income thereof, or to sue for or recover such chose transfer. in action, or any interest in respect thereof, according to the direction of the person absolutely entitled thereto, for the space of twenty-eight days next after a request in writing for that purpose shall have been made to him by the person absolutely entitled thereto (m), it shall be lawful for the Court of Chancery to make an order vesting the sole right to transfer such stock, or to receive the dividends or income thereof, or to sue for and recover such chose in action, or any interest in respect thereof, in such person or persons as the said court may appoint (n). (1) The words "sole trustee" apply to two or more joint trustees (Re 13 & 14 Vict. c. 60, s. 23. Request by person absolutely entitled. Service. Recusant trustee. When one of several trustees of stock refuses to transfer or receive and pay over dividends. When stock is person. Hyatt, 21 Ch. D. 846; Re Hartnall, 5 D. G. & S. 111; see contra, Re (m) New trustees properly appointed are persons "absolutely entitled" within this section (Ex p. Russell, 1 Sim. N. S. 404; Re Ellis, 24 Beav. 426; Re Baxter, 2 Sm. & G. App. V.); but one of such trustees is not "absolutely entitled," nor is a life tenant of the dividends (Mackenzie v. Mackenzie, 5 De G. & Sm. 338). The right to receive dividends may be vested in the person beneficially entitled on his request, but the court had no authority to make any order as to dividends subsequent to the request (Re Hartnall, 5 De G. & Š. 111). (n) A petition under sects. 23 and 24 need not be served on the recusant trustee (Re Baxter, 2 Sm. & G. App. V.; Ex p. Armstrong, 16 Sim. 296; see Re Mount, 24 L. T. 290, post). The case of a trustee refusing to obey an order of the Court of Chancery was not provided for by this act (Mackenzie v. Mackenzie, 5 De G. & Sm. 338). See now 15 & 16 Vict. c. 55, ss. 4, 5, post, p. 534, and Jud. Act, 1884, s. 14. The case of a trustee refusing or neglecting to convey lands is provided for by 15 & 16 Vict. c. 55, s. 2, post, p. 531. For forms of orders under this section, see Seton, 4th ed. 510, 511. 24. Where any one of the trustees of any stock or chose in action shall neglect or refuse to transfer such stock, or to receive the dividends or income thereof, or to sue for or recover such chose in action according to the directions of the person absolutely entitled thereto, for the space of twenty-eight days next after a request in writing for that purpose shall have been made to him or her by such person, it shall be lawful for the Court of Chancery to make an order vesting the right to transfer such stock, or to receive the dividends or income thereof, or to sue for and recover such chose in action, in the other trustee or trustees of the said stock or chose in action, or in any person or persons whom the said court may appoint jointly with such other trustee or trustees (o). (0) Where two executors of a surviving trustee refused to transfer to the persons absolutely entitled, and the third executor was a lunatic, a vesting order was made on a petition in lunacy and Chancery (Re White, 5 Ch. 698; see Re Wacher, 22 Ch. Div. 535). See further the note to sect. 23. For forms of orders under this section, see Seton, 4th ed. 511. 25. When any stock shall be standing in the sole name of a deceased person, and his or her personal representative shall be out of the jurisdiction of the Court of Chancery, or cannot be found, or it shall be uncertain whether such personal representative be living or dead, or such personal representative shall neglect or refuse to transfer such stock, or receive the dividends or income thereof, according to the direction of the person absolutely entitled thereto, for the space of twenty-eight days next after a request in writing for that purpose shall have been made to him by the person entitled as aforesaid, it shall be lawful for the Court of Chancery to make an order vesting the right to transfer such stock, or to receive the dividends or income thereof, in any person or persons whom the said court may appoint (p). (p) Orders have been made under this section where the surviving |