Great Seal of Great Britain, being intrusted by virtue of the King's Sign Manual with the Care and Commitment of the Custody of the Persons and Estates of Persons found Lunatic, Idiot or of unsound Mind, to convey, release, surrender, assign or otherwise assure such Lands, Tenements, Hereditaments or Property, or Estate on Interest, to such Person or Persons, and in such Manner as the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of Great Britain, intrusted as aforesaid repectively, shall think proper and direct; and every such Conveyance, Release, Surrender, Assignment or Assurance shall be as valid and effectual to all Intents and Purposes as if the Person or Persons, being Idiot, Lunatic or of unsound Mind, had been, at the Time of the Execution thereof, of sane Mind, Memory and Understanding, and had by himself, herself or themselves executed the same.

+ Sic.

point a Person

IV. And be it further enacted, That when and so often as the Lord ChanPerson or Persons seised or possessed as aforesaid, being Idiot, cellor, &c. beLunatic or of unsound Mind, shall not have been found such fore Inquisiby Inquisition, it shall be lawful for the said † Chancellor, Lord tion, may apKeeper or Commissioners of the Great Seal of Great Britain, to convey. intrusted as aforesaid, to order or appoint such Person or Persons as to the said Lord Chancellor, Lord Keeper or Commissioners, shall seem meet, on behalf of the Person or Persons being Idiot, Lunatic or of unsound Mind (but not having been found such by Inquisition), to convey, release, surrender, assign or otherwise assure such Lands, Tenements, Hereditaments or Property, or Estate or Interest, as hereinbefore is mentioned.

+ Sic.

In what Cases
Court of
Chancery or
Exchequer may
appoint a Per-

son to convey.

V. And be it further enacted, That when and so often as any Person or Persons seised or possessed of any Lands, Tenements or Hereditaments, or other Property, or any Estate or Interest therein, upon any Trust or Trusts, or by way of Mortgage, shall be out of the Jurisdiction of or not amenable to the Process of the Court of Chancery or Exchequer, or it shall be unknown or uncertain whether he, she or they be living or dead, or such Person or Persons shall refuse to convey or otherwise assure such Lands, Tenements, Hereditaments or Property, or Estate or Interest, to the Person or Persons entitled thereto, or as he, she or they shall direct, or to a new Trustee or Trustees duly appointed by virtue of some Power or Authority, or by the Court of Chancery or Exchequer, either alone or together with any continuing Trustee or Trustees, as occasion shall require, then and in every or any such Case it shall be lawful for the Court of Chancery or Exchequer to appoint such Person or Persons as to such Court shall seem meet, on behalf and in the Name or Names of the Person or Persons seised or possessed as aforesaid, to convey, surrender, release, assign or otherwise assure the said Lands, Tenements, Hereditaments or Property, or Estate or Interest, to such Person or Persons, and in such Manner as the said Court shall think proper and direct; and every such Such ConveyConveyance, Release, Surrender, Assignment or Assurance shall ance valid be as valid and effectual to all Intents and Purposes, as if the Person or Persons, being out of the Jurisdiction or not amenable to the Process of the said Courts, or not known to be alive, or Z

6 Geo. IV.

having

Lord Chan cellor, &c. empowered to appoint a Person to transfer

Stocks or

Funds standing in the Name of

a Lunatic Trus

tee, and receive and pay over the

Dividends.

having refused, had by himself, herself or themselves executed

the same.

VI. And be it further enacted, That when and so often as any Stocks, Funds, Annuities or Securities, transferrable in the Books of the Governor and Company of the Bank of England, or of the South Sea Company, or the United Company of Merchants of England trading to the East Indies, or any other Company or Society established or to be established, shall be standing in the Name of or otherwise vested in any Person or Persons as a Trustee or Trustees, or the legal personal Representative of a Trustee or Trustees, who shall be Idiot, Lunatic or of unsound Mind, either alone or jointly with any other Trustee or Trustees, Representative or Representatives, it shall be lawful for the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of Great Britain, intrusted as aforesaid (whether such Trustee or Trustees shall or shall not have been found Idiot, Lunatic or of unsound Mind by Inquisition), to order and appoint such Person or Persons as to the said Lord Chancellor, Lord Keeper, or Commissioners shall seem meet, being an Officer of such Company or Society, to transfer or join with the other Trustee or Trustees, Representative or Representatives (if any), in transferring such Stocks, Funds, Annuities or Securities, to or into the Name or Names of such Person and Persons, and in such Manner as the said Lord Chancellor, Lord Keeper or Commissioners shall think proper and direct; and also to order any Person or Persons appointed as aforesaid to receive and pay over the Interest, Dividends or annual Produce of such Stocks, Funds, Annuities and Securities, in such Manner as the said Lord Chancellor, Lord Such Transfer, Keeper or Commissioners shall direct; and every such Transfer,

&c. valid.

Where such

Trustees are out of Jurisdiction of Court, or it be uncertain whether they are alive, or they refuse to transfer Stocks or Funds, the Court of Chancery or Exche

quer may appoint a Person to transfer them.

Receipt and Payment shall be as valid and effectual as if the Trustee or Trustees, Representative or Representatives, being Idiot, Lunatic or of unsound Mind, had been of sane Mind, Memory and Understanding, and had by himself, herself or themselves transferred, received and paid such Stocks, Funds, Annuities or Securities, or Interest, Dividends and annual Produce.

VII. And be it further enacted, That when and so often as any Stocks, Funds, Annuities or Securities, transferrable as aforesaid, shall be standing in the Name of or otherwise vested in any Person or Persons as a Trustee or Trustees, or the legal personal Representative of a Trustee or Trustees, who shall be out of the Jurisdiction of, or not amenable to the Process of the Court of Chancery or Exchequer, or it shall be unknown or uncertain whether such Person or Persons be living or dead, or such Person or Persons shall refuse to transfer such Stocks, Funds, Annuities or Securities, or receive and pay over the Dividends thereof to the Person or Persons entitled thereto, or as he, she or they shall direct, or to a New Trustee or Trustees, duly appointed by virtue of some Power or Authority, or by the Court of Chancery or Exchequer, either alone or together with any continuing Trustee or Trustees (as Occasion shall require), then and in every such Case it shall be lawful for the Court of Chancery or Exchequer to appoint such Person or Persons as to the said Court shall seem meet, being an Officer of such Company

or

or Society, to transfer or join with the other Trustee or Trustees, Representative or Representatives (if any), in transferring such Stocks, Funds, Annuities or Securities, to, or into the Name or Names of such Person or Persons, and in such Manner as such Court of Chancery or Exchequer shall think proper and direct, and also to order any Person or Persons appointed as aforesaid to receive and pay over the Interest, Dividends or annual Produce of such Stocks, Funds, Annuities and Securities, in such Manner as the said Court of Chancery or Exchequer shall direct; and every such Transfer, Receipt and Payment, shall be as valid and effectual as if the Trustee or Trustees, Representative or Representatives, had by himself, herself and themselves transferred, received and paid such Stocks, Funds, Annuities or Securities, or Interest, Dividends and annual Produce.

Such Transfer,

&c. valid.

Every Direc

tion or Order of Court of Chancery, Exby Lord Chanchequer, &c. or cellor, &c. un

Petition

VIII. And be it further enacted, That every Direction, Order or Appointment to be made in pursuance of this Act, by the Court of Chancery or Exchequer, or by any other Court hereinbefore mentioned, or by the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of Great Britain, intrusted as aforesaid, shall be signified by an Order to be made upon the Petition of such Person or Persons as hereinafter is men- der Authority tioned; (that is to say,) if the same shall relate to a Conveyance of Act, to be or other Assurance or Transfer to any Person or Persons benefi- made upon cially entitled, then upon the Petition of the Person or Persons beneficially entitled to the Lands, Tenements, Hereditaments, Stocks, Funds, Annuities, Securities or Property, or Estate or Interest to be conveyed, assured or transferred; and if the same shall relate to a Conveyance or other Assurance or Transfer, in order to vest any Lands, Rents, Hereditaments, Property, Stocks, Funds, Annuities or Securities, in a new Trustee or Trustees duly appointed by virtue of some Power or Authority, or by the Court of Chancery or Exchequer, either alone or together with any continuing Trustee or Trustees, then upon the Petition of the Trustee or Trustees in whom the same shall be proposed to be vested, or some or one of them; and if the same shall relate to the Conveyance or other Assurance of an Estate in Mortgage, then upon the Petition of the Person or Persons entitled to the Equity of Redemption thereof, or some or one of the Person or Persons entitled to the Monies thereby secured, or some or one of the Guardian or Guardians of the Person or Persons entitled to such Mcnies, if an Infant or Infants, or the Committee or Committees of such Person or Persons, if Idiot, Lunatic or of unsound Mind. IX. And be it further enacted, That all and every Person and Persons being an Infant or Infants, and all and every Person and Persons being Idiot, Lunatic or of unsound Mind, or the Committee or Committees of any such Person or Persons, and all and every the Person or Persons who shall be appointed by virtue of this Act, shall and may be empowered and compelled, by the Order to be obtained as hereinbefore is mentioned, to make such Conveyance or Conveyances or other Assurance or Assurances, or Transfer or Transfers, Payment or Payments as aforesaid, in like Manner as Trustees of full Age and of sane Mind, Memory and Understanding, are compellable to convey or otherwise assure or transfer, and pay over their Trust Estates or Funds. Z 2

X. And

Infants, Idiots,
Lunatic.., their
Committees, or
Persons ap-

pointed, may be
convey, trans-
compelled to
fer, &c.

How far

Act to extend to Trustees

having Interest or having Duty to perform.

Act to extend to Petitions in

cases of Charity and Friendly Societies.

Court of Chan

quer on Peti

tion may order

Dividends of

Stocks belonging to Infants to be paid to

Guardians, &c. for Mainte

nance.

X. And be it further enacted, That the several Provisions hereinbefore contained shall extend and be construed to extend to Cases in which a Trustee or Trustees may have some beneficial Estate or Interest in the Lands, Tenements, Hereditaments, Property, Stocks, Funds, Annuities or Securities vested in him, her or them as aforesaid, and also to Cases in which the Trustee or Trustees may have some Duty or Duties to perform, so as to enable Conveyances and other Conveyances and Transfers to be made, in order to vest any Lands, Tenements, Hereditaments, Property, Stocks, Funds, Annuities or Securities in a new Trustee or Trustees, duly appointed in the Place of such Trustee or Trustees, by virtue of some Power or Authority, or by the Court of Chancery or Exchequer, either alone or jointly with any continuing Trustee or Trustees, as the Case may require.

XI. And be it further enacted, That the Provisions hereinbefore contained shall extend and be construed to extend to all Cases of Petitions in which the Court of Chancery, or the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of Great Britain, or the Master of the Rolls or the Vice Chancellor of England, or the Court of Exchequer, are by Law authorized and empowered to grant Relief and make summary Orders without Suit, either in Matters of Charity, or relative to or for the better Security, or for the Application, Receipt, Payment or Transfer of any of the Funds thereof, or in Matters relative to any Benefit or Friendly Societies, or for the better Security, or for the Application, Receipt, Payment or Transfer of any of the Funds thereof.

XII. And be it further enacted, That it shall be lawful for the cery or Exche- Court of Chancery or Exchequer, by an Order to be made on the Petition of the Guardian or Guardians, or next Friend of any Infant in whose Name any Stocks, Funds, Annuities or Securities transferrable, or which shall or may hereafter be made transferrable 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, shall be standing, or in whose Name any Sum or Sums of Money shall be standing in virtue of any Act or Acts of Parliament for paying off any such Fund, Annuity or Security, and who shall be beneficially entitled thereto, to order and direct all or any Part of the Interest, Dividends and annual Produce due or to become due in respect of such Stocks, Funds, Securities or Annuities, or any such Sum or Sums of Money, to be paid to any Guardian or Guardians of such Infant or Infants respectively, or to any other Person or Persons, according to the Discretion of such Courts respectively, to or for the Maintenance and Education, or otherwise for the Use and Benefit of such Infant or Infants, such Guardian or Guardians, or other Person or Persons to whom such Payment shall be directed to be made, Receipt, &c. of being named in the Order directing such Payment; and the such Guardian, Receipt, Acquittance or Discharge of such Guardian or Guardians, or other Person or Persons so named for such Dividend or Dividends or Sum or Sums of Money so ordered and directed to be paid to them, or any Part thereof, shall be as valid and effectual, to all Intents and Purposes, to and for the said Company or

&c. valid.

Persons

Persons paying the same, against such Infant or Infants to whom such Dividend or Dividends, Sum or Sums of Money, have been or shall be due and belong, his, her or their Executors, Administrators or Assigns, as if such Receipt, Acquittance or Discharge had been actually signed by such Infant or Infants, after he, she or they had actually attained the Age of Twenty one Years, and were capable by Law of signing and giving the same.

Stock belong

ing to Lunatic may, in certai Cases, be or

XIII. And be it further enacted, That when and so often as any Stocks, Funds, Annuities or Securities transferrable as aforesaid, shall be standing in the Name or Names of, or shall be vested in any Person or Persons being Idiot, Lunatic or of un- dered by Lord sound Mind, who shall be beneficially entitled thereto, or any Chancellor, &c. such Stocks, Funds, Annuities or Securities shall be standing to be transin the Name or Names of or otherwise vested in any Person or ferred. Persons being Committee or Committees of the Estate of a Person found Idiot, Lunatic or of unsound Mind, in Trust for or as Part of his or her Property, and such Committee or Committees shall have died intestate or shall reside out of the Jurisdiction of the Court of Chancery or Exchequer or shall himself, herself or themselves become Lunatic or of unsound Mind, or it shall be uncertain or unknown whether such Committee or Committees be living or dead, then and in every or any such Case, it shall be lawful for the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of Great Britain, intrusted as aforesaid, upon Petition or Motion of the Committee or Committees of the Estates of the Person or Persons being Idiot, Lunatic or of unsound Mind, to appoint and order such Person as to such Lord Chancellor, Lord Keeper or Commissioners shall seem meet, being an Officer of such Company or Society, to transfer such Stocks, Funds, Annuities or Securities to or into the Name of any new Committee or Committees or otherwise, and also to receive and pay over the Dividends thereof, in such Manner as the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of Great Britain, intrusted as aforesaid, shall think proper and direct; and that such Transfers and Payments shall be valid and effectual to all Intents and Purposes whatsoever.

Names of Per

sons declared Lunatic, resid

ing out of Eng-
land, Lord
Chancellor, &c.
may direct

Transfer and
Payment.

XIV. And be it further enacted, That when and so often as any Where Stocks Stocks, Funds, Annuities or Securities, transferrable as aforesaid, standing in shall be standing in the Name of, or vested in any Person residing out of England, it shall be lawful for the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of Great Britain, intrusted as aforesaid, upon Petition and Proof being made to his or their Satisfaction, that such Person has been declared Lunatic or of unsound Mind, and that his or their personal Estate has been vested in a Curator or Curators, or other Person or Persons appointed for the Management thereof, according to the Law of the Place where such Person shall reside, to order and appoint such Person, being an Officer of such Company or Society, as to such Lord Chancellor, Lord Keeper or Commissioners shall scem meet, to transfer such Stock, Funds, Annuities or Securities, or any Part or Parts thereof, into the Name or Names of any such Curator or Curators, or other such Person or Persons as aforesaid or otherwise; and also to receive and pay over the Interest, Dividends and annual Produce thereof, as the Lord Chancellor, Lord