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 conproper; and every veyance 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

such case where the alleged trustee has or claims a beneficial interest adversely to the party seeking a conveyance or transfer, no order shall be made for the execution of a conveyance or transfer by such alleged trustee, until after it has been declared by the Court of Chancery, in a suit regularly instituted in such court, that such person is a trustee for the person so seeking a conveyance or transfer; but this act shall not extend to cases upon partition, or cases arising out of the doctrine of election in equity, or to a vendor, except in any case hereinbefore expressly provided for.”

[The 19th sect. provides that husbands of female trustees shall be deemed trustees within the act.]

[The 20th sect. enacts that the provisions for obtaining conveyances from any person being lunatic shall extend to persons who by force of any law for payment of debts out of real estate, would be compellable to convey if of sound mind.]

[The 21st sect. extends the provisions of the act to petitions in cases of charity and friendly societies.]

§ 22. ' And whereas cases may occur, upon applications by petition ' under this act for a conveyance or transfer, where the recent creation 'or declaration of the trust, or other circumstances, may render it 'safe and expedient for the Lord Chancellor, intrusted as aforesaid, or 'the Court of Chancery, (as the case may require,) to direct, by an 'order upon such petition, a conveyance or transfer to be made to a new trustee or trustees, without compelling the parties seeking such ' appointment to file a bill for that purpose, although there is no power ' in any deed or instrument creating or declaring the trusts of such land 'or stock to appoint new trustees; "be it therefore further enacted, that in any such case it shall be lawful for the Lord Chancellor, intrusted as aforesaid, or the said Court of Chancery, to appoint any person to be a new trustee, by an order to be made on a petition to be presented for a conveyance or transfer under this act, after hearing all such parties as the said court shall think necessary; and thereupon a conveyance or transfer shall and may be made and executed, according to the provisions hereinbefore contained, to or so as to vest such land or stock in such new trustee, either alone or jointly with any surviving or continuing trustee, as effectually, and in the same manner, as if such new trustee had been appointed under a power in any instrument creating or declaring the trusts of such land or stock, or in a suit regularly instituted."

[The 25th section empowers the Court of Chancery to order the costs of petitions, conveyances, &c. to be paid and raised out of the land, or the rents, or in any other manner.]

[By the 30th section, the powers given to the Court of Chancery may be exercised by the Court of Exchequer.]

2 GEO. IV. & 1 W. IV. C. 65.

"An Act for consolidating and amending the laws relating to property belonging to Infants, Femes Covert, Idiots, Lunatics, and persons of unsound mind." [23rd July, 1830.]

[By the 1st section, the act of 9th Geo. I. c. 29, to enable lords of manors more easily to recover their fines, and to exempt infants and femes covert from forfeiture of their copyhold estate in particular cases; and 43 Geo. III. c. 75, to authorise the sale or mortgage of the estates of persons found lunatic by inquisition, &c.; and 59th Geo. III. c. 80, to explain the last mentioned act, &c,; and 9th Geo. IV. c. 78, for extending the two last mentioned acts, &c., are (with other acts referred to in the preamble) repealed.]

[The 2nd section contains certain rules for the interpretation of the act, and enacts that the provisions relating to land shall extend to and include any manor, messuage, tenement, hereditament, or real property, of whatsoever tenure.]

§. 3. And be it further enacted, that from and after the passing of this act, where any person being under the age of twenty-one years, or being a feme covert or lunatic, is or shall be entitled by descent, or surrender to the use of a last will, or otherwise, to be admitted tenant of any copyhold lands, such person, in his or her own proper person, or being a feme covert by her attorney, or being an infant by his guardian or attorney, as the case may require, or being a lunatic by the committee of his estate, shall come to and appear at one of the three next courts which shall be kept (for the keeping whereof the usual notice shall be given) for the manor whereof such land shall be parcel, and shall there offer himself or herself to the lord or his steward to be admitted tenant to the said land; to make which appearance and to take which admittance in behalf of such infant or lunatic or feme covert, such guardian, committee, or attorney shall be and is hereby respectively authorised and required."