[AS AMENDED BY THE COMMITTEE]. ARRANGEMENT OF CLAUSES. Preamble recites 11 G. 4. & 1 W. 4. c. 60., 4 & 5 W. 4. c. 23., and 1 & 2 Vict. c. 69. Repeal of recited Acts, and Continuation of Proceedings; Sect. 1. Interpretation of Words; 2. Lord Chancellor may convey Estates of Lunatic Trustees and Mortgagees and contingent Rights, and may transfer Stock of Lunatic Trustees and Mortgagees; 3-5. Transfer of Stock of deceased Person; 6. Power of Court of Chancery with respect to Estates of Infant Trustees and Mortgagees, and contingent Rights of infant Trustees and Mortgagees; 7, 8. Court of Chancery may convey the Estate of a Trustee out of its Jurisdiction; 9. Order of Court in Cases where Persons are seised of Lands jointly with Parties out of Jurisdiction of Court of Chancery, &c.; 10. Contingent Rights of Trustees; 11. As to Order of Court where Persons are jointly entitled with others out of the Jurisdiction to a contingent Right in Lands; 12. For obviating Uncertainty as to the Survivor of several Trustees, and the Death of the last Trustee; 13, 14. Providing for Cases of Trustee dying without an Heir, and contingent Right of unborn Trustee; 15, 16. Power for Court of Chancery to convey in place of a refusing Trustee, in place of Person entitled to contingent Right, and in place of Mortgagee; 17-19. Power to appoint a Person to convey in certain Cases; 20. As to Lands in Lancaster and Durham; 21. Proceeding when Trustees of Stock are out of the Jurisdiction of the Court; 22. Proceedings when sole Trustee of Stock refuses to transfer, and when any Trustee of Stock refuses to transfer or receive and pay over Dividends; 23, 24. 491. a As As to Stock standing in the Name of a deceased Person; 25. Effect of Orders vesting the legal Right to transfer Stock, and the legal Right in a Chose in Action; 26, 27. Effect of an Order vesting Copyhold Lands, or appointing Persons to convey Copyhold Lands; 28. As to contingent Rights when a Decree is made for Sale of Real Estate for Payment of Debts; 29. Court to declare what Parties are Trustees of Lands comprised in any Suit, and as to the Interests of Persons unborn; 30. Power to give Directions how the Right to Stock and Choses in Action shall be exercised; 31. Power to appoint new Trustees; 32. New Trustees to have the Powers of original Trustees; 33. Court may vest Lands, and Right to sue at Law, in new Trustees; 34, 35. Old Trustees not to be discharged from Liability; 36. Who may apply for Orders of Court; 37. 45. Proceedings upon Application for Orders of Court; 38-44. 48. Court may make a Decree in the Absence of a Trustee after Search and Inquiry; 49. Powers of the Master; 50. Payment of Costs; 51. Lord Chancellor may issue Commission De lunatico inquirendo; 52. Suit may be directed before Order made; 53. Powers of Court of Chancery to extend to Property in the Colonies; 54. Equal Powers to Courts of Chancery in England and Ireland; 55. Powers of Lord Chancellor in Lunacy to extend to Property in the Colonies; 56. Powers of Lord Chancellor in Lunacy may be exercised by Lord Chancellor of Ireland; 57. Short Title; 58. When Act to come into operation; 59. Amendment of Act; 60. A BILL [AS AMENDED BY THE COMMITTEE] INTITULED An Act to consolidate and amend the Laws relating to the Conveyance and Transfer of Real and Personal Property vested in Mortgagees and Trustees. [Note.-The Clauses marked A. and B. were added by the Committee.] W HEREAS an Act was passed in the First Year of the Preamble. tituled "An Act for amending the Laws respecting Con- 11 G. 4. & veyances and Transfers of Estates and Funds vested in Trustees 1 W. 4. c. 60. 5 "and Mortgagees, and for enabling Courts of Equity to give Effect "to their Decrees and Orders, in certain Cases :" And whereas an Act was passed in the Fifth Year of the Reign of His late Majesty King William the Fourth, intituled "An Act for the Amendment 4 & 5 W. 4. "of the Law relative to the Escheat and Forfeiture of Real and c. 23. 10 "Personal Property holden in trust:" And whereas an Act was passed in the Second Year of the Reign of Her present Majesty, intituled "An Act to remove Doubts respecting Conveyances of 1 & 2 Vict. "Estates vested in Heirs and Devisees of Mortgagees:" And c. 69. whereas it is expedient that the Provisions of the said Acts should 15 be consolidated and enlarged: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia 491. A ment Interpreta ment assembled, and by the Authority of the same, That all Proceedings under the said Acts or any of them commenced before the passing of this Act may be proceeded with under the said recited Acts, or according to the Provisions of this Act, as shall be thought expedient, and, subject as aforesaid, that the said recited Acts shall 5 be and the same are hereby repealed: Provided always, that the several Acts repealed by the said recited Acts shall not be revived, and that such Repeal shall only be on and after this Act coming into operation. II. And whereas it is expedient to define the Meaning in which 10 tion Clause. certain Words are hereafter used; it is declared, That the several Words herein-after named are herein used and applied in the Manner following respectively; (that is to say,) The Word "Lands" shall extend to and include Manors, Messuages, Tenements, and Hereditaments, corporeal and incorporeal, 15 of every Tenure or Description, whatever may be the Estate or Interest therein: The Word "Stock" shall mean any Fund, Annuity, or Security The Word "seised" shall be applicable to any vested Estate The Words "contingent Right," as applied to Lands, shall mean passed |