13 & 14 Vict. c. 60, s. 46. Act not to prevent escheat or forfeiture of beneficial interest. Money of unsound mind chattels, became forfeited to the crown, inasmuch as the crown could not be a joint tenant with any other person (Co. Litt. 190a; Hales v. Petit, Plowd. 257; 9 Rep. 129 b; 2 Bl. Com. 409; Cro. Eliz. 263; Finch's Law, 178; 10 Mod. 245). See now 33 & 34 Vict. c. 23, and note to sect. 47. Power is now given to the court to appoint new trustees in lieu of any joint or sole trustee who has been or shall be convicted of felony (15 & 16 Vict. c. 55, s. 8, post, p. 536). 47. Nothing contained in this act shall prevent the escheat or forfeiture of any lands or personal estate vested in any such trustee or mortgagee, so far as relates to any beneficial interest therein of any such trustee or mortgagee, but such lands or personal estate, so far as relates to any such beneficial interest, shall be recoverable in the same manner as if this act had not passed (o). (0) By 33 & 34 Vict. c. 23, s. 1, it is enacted, that from and after the 4th July, 1870, no confession, verdict, inquest, conviction, or judgment of or for any treason or felony, or felo de se, shall cause any attainder or corruption of blood, or any forfeiture or escheat, but nothing in the act is to affect the law of forfeiture consequent on outlawry. The crown is empowered to appoint an administrator, in whom the convict's property vests (sects. 9, 10), and provision is made as to the mode in which the property is to be applied (33 & 34 Vict. c. 23, ss. 12-18). 48. Where any infant or person of unsound mind shall be entitled to any money payable in discharge of any lands, stock or chose in action, conveyed, assigned, or transferred under this act, it shall be lawful for the person by whom such money payable to pay the same into the Bank of England, in the name and with the privity of the accountant-general (p), in trust in any cause then depending concerning such money, or, if there shall be no such cause, to the credit of such infant or person of unsound mind, subject to the order or disposition of the said court; and it shall be lawful for the said court, upon petition in a summary way, to order any money so paid to be invested in the public funds, and to order payment or distribution thereof, or payment of the dividends thereof, as to the said court shall seem reasonable; and every cashier of the Bank of England who shall receive any such money is hereby required to give to the person paying the same a receipt for such money, and such receipt shall be an effectual discharge for the money therein respectively expressed to have been received. (p) Compare the provision as to moneys recovered on behalf of infants, &c., in the Queen's Bench Division (R. S. C. Ord. 22, r. 15). The words as to the accountant-general are to be construed as if the paymastergeneral, for the time being, were here named (35 & 36 Vict. c. 44, s. 6). As to paying money into court, and investing money paid into court, see the Pay Office Statutes and Rules in the supplement to the Annual Practice. Court may 49. Where, in any suit commenced or to be commenced in make a decree the Court of Chancery, it shall be made to appear to the court of a trustee. by affidavit that diligent search and inquiry has been made after any person made a defendant, who is only a trustee, to serve in the absence him with the process of the court, and that he cannot be found, 13 & 14 Vict. it shall be lawful for the said court to hear and determine such c. 60, s. 49. cause, and to make such absolute decree therein against every person who shall appear to them to be only a trustee, and not otherwise concerned in interest in the matter in question, in such and the same manner as if such trustee had been duly served with the process of the court, and had appeared and filed his answer thereto, and had also appeared by his counsel and solicitor at the hearing of such cause: provided always, that no such decree shall bind, affect, or in anywise prejudice any person against whom the same shall be made, without service of process upon him as aforesaid, his heirs, executors, or administrators, for or in respect of any estate, right or interest which such person shall have at the time of making such decree for his own use and benefit, or otherwise than as a trustee as aforesaid (q). (2) Under the old practice a cause might be certified as fit to be set down, where a defendant trustee who had not entered an appearance could not be found (Westhead v. Sale, 6 W. R. 52; Burrell v. Maxwell, 25 L. T. 655). For the present practice, where a defendant does not appear, see R. S. C. Ord. 13, r. 12, and as to when one trustee can be sued in the absence of his co-trustee, see notes to R. S. C. Ord. 16, rr. 6 and 8 in the Annual Practice. [Sect. 50 has been repealed by 38 & 39 Vict. c. 66, s. 1.] the estate. 51. The Lord Chancellor, intrusted as aforesaid, and the Costs may be Court of Chancery, may order the costs and expenses of and paid out of relating to the petitions, orders, directions, conveyances, assignments, and transfers to be made in pursuance of this act, or any of them, to be paid and raised out of or from the lands or personal estate, or the rents or produce thereof, in respect of which the same respectively shall be made, or in such manner as the said Lord Chancellor or court shall think proper (»). (r) This section, so far as relates to the jurisdiction in lunacy, has been repealed as to England by 53 Vict. c. 5, s. 342. See sect. 142 of the lastmentioned act, and the rules made under the same act, No. 110 (post, p. 542). Costs under this act may be charged on the inheritance (Ex p. Davies, Mode of 16 Jur. 882), or may be ordered to be raised by mortgage (Re Crabtree, 14 raising costs. W. R. 497; Seton, 4th ed. 554), or to be paid out of the corpus of the fund (Ib. 514). In the case of two trust funds the costs may be apportioned (Re Grant, 2 J. & H. 754; see Re Allen, 1889, W. N. 132). The amount of the trust fund was not alone a sufficient reason for directing costs on the higher scale (Re Spettigue, 32 W. R. 385). able. The costs of appointing new trustees will in general be paid out of Costs by corpus (Carter v. Sebright, 26 Beav. 376). But where the application is whom paysolely for the benefit of a life tenant (Seton, 4th ed. 527), or of a reversioner (Re Brackenbury, 10 Eq. 45), the costs will be paid by the applicant. As to the costs of two petitions presented on the same day, see Re Pring (28 L. T. 467). Where a bill was filed instead of a petition under the act, the plaintiff paid all costs (Thomas v. Walker, 18 Beav. 521). Ón petitions under this act there is no jurisdiction to order respondents Respondents. to pay costs (Re Primrose, 23 Beav. 590). In one case since the Jud. Acts and the R. S. C. Ord. 65, r. 1, Pearson, J., made such an order (Re Knight, 26 Ch. D. 82); which, however, was doubted by the Court of S. M M 13 & 14 Vict. c. 60, s. 51. Between vendor and purchaser. Commission concerning person of unsound mind. Suit may be directed. Powers of Chancery to extend to property in the colonies. Appeal (Ib. 91); who have since decided that it was not the object of the Jud. Acts and Orders to give any new jurisdiction as to costs (Re Mills, 34 Ch. Div. 33). A respondent had to pay the costs of unnecessary charges in his affidavit (Re Willis, 12 W. R. 97); and a trustee improperly opposing a petition paid his own costs of opposition, and from his remaining costs were deducted the costs of other parties in respect of the opposition (Re Wiseman, 18 W. R. 574). A trustee may lose his right to costs by misconduct (Re Knight, 26 Ch. Div. 82). A lord of the manor appearing to consent pays his own costs (Ayles v. Cox, 17 Beav. 584). A tenant for life in remainder appearing in his own interest pays his own costs (Re Thornton, 9 W. R. 475). If a respondent is improperly served, no costs will be allowed (R. S. C. Ord. 65, r. 27 (23); Day v. Croft, 19 Beav. 518). As to whether if he is properly served he loses his costs by having notice not to appear, see Turner v. Mullineux, 9 W. R. 252. As to tender of costs on service, see R. S. C. Ord. 65, r. 27 (19). As between vendor and purchaser, the costs of proceedings under this act should be paid by the vendor (Bradley v. Munton, 16 Beav. 294; Ayles v. Cox, 17 Beav. 584); but a railway company purchasing paid such costs (Re Nash, 4 W. R. 111). As to the costs of proceedings under this act occasioned by the lunacy of a trustee, or of a mortgagee or his heir, see the note to sect. 3, ante, p. 501. 52. Upon any petition being presented under this act to the Lord Chancellor, intrusted as aforesaid, concerning a person of unsound mind, it shall be lawful for the said Lord Chancellor, should he so think fit, to direct that a commission in the nature of a writ de lunatico inquirendo shall issue concerning such person, and to postpone making any order upon such petition until a return shall have been made to such commission (8). (s) This section has been repealed as to England, by 53 Vict. c. 5, s. 342. In one case where the lunacy was disputed, the court refused to direct a commission (Re Combs, 51 L. T. 45, see ante, p. 500). 53. Upon any petition under this act being presented to the Lord Chancellor, intrusted as aforesaid, or to the Court of Chancery, it shall be lawful for the said Lord Chancellor or the said Court of Chancery to postpone making any order upon such petition until the right of the petitioner or petitioners shall have been declared in a suit duly instituted for that purpose (†). (t) This section, so far as relates to the jurisdiction in lunacy, has been repealed as to England by 53 Vict. c. 5, s. 342. In the following cases the court refused to make orders without suit, Re Burt (9 Hare, 289); Re Carpenter (Kay, 418); Re Collinson (3 D. M. & G. 409); Re Weeding (4 Jur. N. S. 707); Re Martin (34 Ch. D. 618); see L. & S. W. R. v. Bridger (12 W. R. 98). 54. The powers and authorities given by this act to the Court of Chancery in England shall extend to all lands and personal estate within the dominions, plantations, and colonies belonging to her Majesty (except Scotland (u)). (u) Vesting orders have been made by the English Court of Chancery as to lands in Ireland (Re Hewitt, 6 W. R. 537; Re Taitt, 1870, W. N. 25), and in Canada (Re Schofield, 24 L. T. 322; Re Groom, 11 L. T. 336). As 13 & 14 Vict. to the jurisdiction in lunacy over lands and personal estate in Scotland c. 60, s. 54. and Ireland, see now 53 Vict. c. 5, s. 110, post, p. 538. Before the repeal by the last-mentioned act of sect. 56 of this act it was held that there was no jurisdiction in lunacy over Irish lands (Re Davies, 3 Mac. & G. 278), or personal estate (Re Hodgson, Kenlis v. Hodgson, 11 Ch. Div. 888); but that the L. JJ. as additional judges of the Chancery Division for the purposes of lunacy applications (See note to sect. 3, ante, p. 500) had such jurisdiction (Re Lamotte, 4 Ch. Div. 325; Re Smyth, 55 L. T. 37); and that the petition should be entitled in lunacy and in Chancery (Ib.) The provisions of the Trustee Acts have been extended to the private property of the sovereign in England and Ireland (25 & 26 Vict. c. 37, s. 10). 55. The powers and authorities given by this act to the Powers given Court of Chancery in England shall and may be exercised in like manner, and are hereby given and extended to the Court of Chancery in Ireland with respect to all lands and personal estate in Ireland. [Sect. 56 has been repealed by 53 Vict. c. 5, s. 342.] to Court of court in cellor in 57. The powers and authorities given by this act to the Powers of Lord Chancellor of Great Britain, intrusted as aforesaid, shall Lord Chanand be exercised in like manner by and are hereby given lunacy may to the Lord Chancellor of Ireland, intrusted as aforesaid, with be exercised respect to all lands and personal estate in Ireland (w). may (w) See Re Smith, I. R. 4 Eq. 180. by Lord Chancellor of Ireland. 58. In citing this act in other acts of parliament, and in legal Short title. instruments, and in legal proceedings, it shall be sufficient to use the expression "The Trustee Act, 1850." [Sects. 59 and 60 are repealed by 38 & 39 Vict. c. 66, s. 1.] 15 & 16 Vict. c. 55, s. 1. Court of for vesting the estate in a decree or order for sale. THE TRUSTEE ACT EXTENSION. 15 & 16 VICTORIA, CAP. 55. An Act to extend the Provisions of "The Trustee Act, WHEREAS it is expedient to extend the provisions of the Trustee 1. When any decree or order shall have been made by any Chancery may court of equity directing the sale of any lands for any purpose make an order whatever, every person seised or possessed of such land, or entitled to a contingent right therein, being a party to the suit or proceeding in which such decree or order shall have been made, and bound thereby, or, being otherwise bound by such decree or order, shall be deemed to be so seised or possessed or entitled (as the case may be) upon a trust within the meaning of the Trustee Act, 1850; and in every such case it shall be lawful for the Court of Chancery, if the said court shall think it expedient for the purpose of carrying such sale into effect, to make an order vesting such lands or any part thereof, for such estate as the court shall think fit, either in any purchaser or in such other person as the court shall direct; and every such order shall have the same effect as if such person so seised or possessed or entitled had been free from all disability, and had duly executed all proper conveyances and assignments of such lands for such estate (a). Power to make an order for vesting the estate, on (a) This section provides for the case where an order has been made for the sale of any lands for any purpose (Re Colling, 32 Ch. Div. 336); including sales under the Partition Acts, 1868 and 1876, post (Beckett v. Sutton, 19 Ch. D. 646), and sales of the interest of the crown in escheated estates (47 & 48 Vict. c. 71, s. 5). The application of the section is not limited to cases of persons under disability (Beckett v. Sutton, 19 Ch. D. 646). Where an order has been made for sale of a lunatic's estate, a vesting order may be made under this section in Chancery only (Herring v. Clark, 4 Ch. 167; Re Stamper, Stamper v. Stamper, 46 L. T. 372). And see Wake v. Wake, 17 Jur. 545. Applications under this section should be made in chambers (R. S. C. Ord. 55, r. 2 (8)). See further the note to Trustee Act, 1850, s. 29, ante, p. 515. 2. [That sections numbered seventeen and eighteen in the Queen's printer's copy of the Trustee Act, 1850, be repealed; and] in every case where any person is or shall be jointly or solely seised or possessed of any lands or entitled to a contingent right |