Νο. 1.

7 Aune c 19.

or Conveyances, Assurance or Assurances as aforesaid, in like Manner as Trustees or Mortgagees of full Age are compellable to convey or assign their Trust Estates, or Mortgagees. (1)

V.

(1) As to the Effect of Conveyances by Infant Trustees or Mortgagees, independently of this Statute, see Zouch v. Parsons, 3 Bur. 1794. Handcock, 17 Vesey, 384. The Statute extends only to Trusts expressly declared, and not to Trusts by Implication of Law. Goodwyn v. Lyster, 3 P. Wms. 387. not to a Devise to an Infant subject to a Charge for Payment of Debts. Anon. note, ibid. The Infant must be a dry Trustee, having no Interest in the Subject, —— v. Handcock. But the being a Co-executor and Co-residuary Legatee, is not such an Interest as prevents the Operation of the Statute, S. C. and a Purchaser is compelled to take the Title. The Infant may be ordered to levy a Fine, exparte Maire, 3 Atk. 479; or suffer a Recovery, exparte Smith, Ambl. 624, exparte Johnson, 3 Atk. 559. The Act extends to Estates in Calcutta, Barbadoes, &c. exparte Anderson, 5 Vesey, 248, and Cases there cited. The Order is never made upon Petition, except where the Party has the absolute Right. An Infant Trustee is never ordered to con vey to another Trustee upon Trusts to be executed. That must be by a Bill praying to have a new Trustee appointed and a Conveyance executed. S. C.A Motion to commit the Mother for not permitting the Infant to convey, not a proper Mode of taking the Opinion of the Court, exparte Cant. 10 Vesey, 554; necessary Costs allowed, S. C.

It would often be attended with very great Convenience if Courts of Equity were enabled by the Act of a proper Officer to transfer legal Estates vested in Persons abroad or not ascertained.-Such a Provision is made with Respect to Property in the Funds, by Stat. 36 Geo. III. c. 90. post Part III Class and with Respect to Lands, by the Irish Statute, 23 Geo. III. c. 35° See 2 Gabb. 358.

Geo. II. c. 10

Tdeots or Luna

tics seised of Es Lates in Trust, &c.

may make Conveyances, &c. of

such Estates.

No. 2.

4 George II. c. 10.-An Act to enable Ideots and Lunaticks, who are seised or possessed of Estates in Fee, or for Lives, or Terins of Years, in Trust, or by Way of Mortgage, to make Conveyances, Surrenders or Assignments of such Estates.

:WH

THEREAS many Inconveniencies do and may arise, by Reason that Persons being Ideot, Lunatick, or Non compos mentis, having Estates in Lands, Tenements or Hereditaments, in Trust only for others, or by Way of Mortgage, cannot (though by the Direction of the Cestuique Trust, or Mortgagor) convey any sure Estate in any such Lands, Tenements or Hereditaments, to any other Person or Persons: For Remedy thereof, Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Twenty-fourth Day of June One Thousand Seven Hundred and Thirty-one, it shall and may be lawful to and for any such Person or Persons, being Ideot, Lunatick or Non compos mentis, or for the Committee or Committees of such Person or Persons, in his, her, or their Name or Names, by the Direction of the Lord Chancellor of Great Britain, or the Lord Keeper or Commissioners of the Great Seal of Great Britain for the Time being, signified by an Order made, upon hearing all Parties concerned, on the Petition of the Person or Persons, for whom such Person or Persons being Ideot, Lunatick or Non compos mentis, shall be seised or possessed in Trust, or of the

No. 2.

Mortgagor or Mortgagors, or of the Person or Persons intitled to the Monies secured by or upon any Lands, Tenements or Hereditaments, ♦ Geo. II. c. 19. whereof any such Person or Persons being Ideot, Lunatick, or Non compos mentis, is or are or shall be seised or possessed by Way of Mortgage, or of the Person or Persons intitled to the Redemption thereof, to convey and assure any such Lands, Tenements or Hereditaments, in such Manner as the Lord Chancellor of Great Britain, or Lord Keeper or Commissioners of the Great Seal of Great Britain, shall by such Order so to be obtained direct, to any other Person or Persons; and such Conveyance or Assurance, so to be had and made as aforesaid, shall be as good and effectual in Law, to all Intents and Purposes whatsoever, as if the said Person or Persons being Ideot, Lunatick or Non compos mentis, was or were, at the Time of the making such Conveyance or Assurance, of sane Mind, Memory and Understanding, and not Ideot, Lunatick or Non compos mentis, or had by him, her, or themselves executed the same; any Law, Custom or Usage to the contrary in any wise notwithstanding.

Ideots, &c. or

their Committees, may be compelled

II. And be it further enacted by the Authority aforesaid, That all and every such Person and Persons being Ideot, Lunatick, or Non compos mentis, and only Trustee or Trustees, Mortgagee or Mortgagees by Order, to make as aforesaid, or the Committee or Committees of all and every such Conveyances, &c, Person and Persons, being Ideot, Lunatick, or Non compos mentis, and only such Trustee or Mortgagee as aforesaid, shall and may be impowered and compelled, by such Order so as aforesaid to be obtained, to make such Conveyance or Conveyances, Assurance or Assurances as aforesaid, in like Manner as Trustees or Mortgagees of sane Memory are compellable to convey, surrender or assign their Trust Estates or Mortgagees. (1)

(1) A Trustee found lunatic by the Master's Report cannot be ordered to convey under this Statute, unless a Commission has issued.-Ex parte Gillam, 2 Vesey, jun. 587. Where a Commission has issued, the Court will order the Lunatic and his Curator to join in the Conveyance.-Ex parte Lady Arrundale, Ambler, 80. So where the Heir of a Mortgagee was found lunatic by the Senate of Hamburgh.-Ex parte Lewis, 1 Vesey. 298. A Commission of Lunacy not necessary under Statute 36 Geo. III. c. 90,-[respecting Money in the Funds,]-Simons v. Naylor, 4 Vesey, 360.

No. 3.

29 George II. c. 31.-An Act to enable Infants, Lunaticks, and Femes Covert, to surrender Leases in order to re new the same.

WHE

THEREAS divers Lands, Tenements and Hereditaments have 29 Geo. II. c. 31. been, and may be, granted by Lease for the Life of one or more Person or Persons, or for Terms of Years absolute, or deter'minable upon the Death of one or more Person or Persons or other'wise: And whereas in order to obtain a Renewal of such Leases, it is in many Cases necessary to surrender up the Estates thereby 'granted; which Surrenders cannot be effectually made by Persons ' under the Age of Twenty-one Years, nor Lunaticks, nor by Femes Covert without levying a Fine, to the manifest Detriment of them and their Families;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament

No. 3

Guardians. &c.

newal of Leases,

Order, may sur

renew same,

&c.

assembled, and by the Authority of the same, That in all Cases where 29 Geo. II. c. 31. any Person under the Age of Twenty-one Years, or any Lunatick or Feme Covert, is or shall become interested in or intitled to any Lease of Minors, &c in or Leases made or granted, or to be made or granted, by any Person or order to the Sur- Persons, Bodies Politick, Corporate or Collegiate, Aggregate or Sole, render and Re- for the Life or Lives of one or more Person or Persons, or for any Term may apply to the of Years, either absolute or determinable upon the Death of one or Court of Chance- more Person or Persons or otherwise, it shall and may be lawful for ry, &c. and by such Person under the Age of Twenty-one Years, or for his or her render by Deed Guardian or Guardians, or other Person or Persons on his or her such Leases, and Behalf, and for such Lunatick, or his or her Guardian or Guardians, Committee or Committees of the Estate, or other Person or Persons on his or her Behalf, and for such Feme Covert, or any other Person or Persons on her Behalf, to apply to the high Court of Chancery of Great Britain, the Court of Exchequer, the Courts of Equity of the Counties Palatine of Chester, Lancaster, and Durham, or the Courts of Great Session of the Principality of Wales respectively, by Petition or Motion, in a summary Way, and by the Order and Direction of the said Courts respectively made, upon hearing all Parties concerned, such Person under the Age of Twenty-one Years, and such Lunatick, or Person or Persons appointed by the said Courts respectively, and also such Feme Covert, by Deed or Deeds only, without levying any Fine, shall and may be enabled, from Time to Time, to surrender such Lease or Leases, and accept and take, in the Name, and for the Benefit of such Person under the Age of Twenty-one Years, or Lunatick, or Feme Covert, one or more new Lease or Leases of the Premises comprised in such Lease or Leases surrendered by Virtue of this Act, for and during such Number of Lives, or for such Term or Terms of Years, determinable upon such Number of Lives, or for such Term or Terms of Years absolute, as was or were mentioned or contained in such Lease or Leases so surrendered, at the inaking thereof respectively, or otherwise as the said Courts shall respectively direct.

II. And be it further enacted by the Authority aforesaid, That Charges attending all and every Sum and Sums of Money, and other Consideration, paid Renewal, to be the or advanced by any such Guardian, Trustee, Committee or other charged on Estate, &c. Court Person, as and for a Fine or Income, or in the Nature of a Fine or

shall direct.

New Leases to be te same Uses.

Surrender and

Income, for or on Account of the Renewal of any such Lease or Leases, and all reasonable Charges incident thereto, shall be paid out of the Estate or Effects of the Infant or Lunatick for whose Benefit the said Lease or Leases shall be renewed, or shall be a Charge and Incumbrance upon the Leasehold Premisses, together with Interest for the same, as the said Courts respectively shall direct and determine; and as for and concerning Leases to be made upon Surrenders by Femes Covert, unless the Fine or Consideration of such Lease, and the reasonable Charges shall be otherwise paid or secured, the same, together with Interest, shall be a Charge or Incumbrance upon such Leasehold Premisses, for the Use and Benefit of such Person or Persons who shall advance the same.

III. And be it further enacted by the Authority aforesaid, That the respective Leases to be so renewed shall operate, and be to the same Uses, and be liable to the same Trusts, Charges, Incumbrances, Dispositions, Devises and Conditions, as the Leases to be, from Time to Time, surrendered as aforesaid, were or would have been subject to, in case such Surrender had not been made; any Thing in this or any former Law to the contrary notwithstanding.

IV. And be it further enacted and declared, That every such Renewal deemed Surrender, and such Lease or Leases granted thereupon, shall be, and be deemed as valid and legal, to all Intents and Purposes, as if such

valid.

Surrender had been made by and on the Behalf of a Person of full

No. S.

Agc, sane Mind, or not married; any Thing in this or any former 29 Geo. II. c. 31. Law to the contrary notwithstanding.

No. 4.

+ George III. c. 16.-An Act to enable Infants who are seised of Lands, Tenements, or Hereditaments, within the Duchy of Lancaster, or the Counties of Chester, Lancaster, or Durham, or the Principality of Wales, in Fee, or for the Life or Lives of one or more other Person or Persous, in Trust, or by Way of Mortgage, to make Conveyances of such Estates by Order of the Court of the Duchy Chamber of Lancaster, of the Court of Exchequer of the County Palatine of Chester, the Court of Chancery of the County Palatine of Lancaster, of the Court of Chancery of the County Palatine of Durham, and of the Courts of the Great Sessions in the Principality of Wales.

:W1

HEREAS by an Act of Parliament made in the seventh Year

of the Reign of her late Majesty Queen ANNE, intituled, G. III. c. 16. An Act to enable infants who are seised or possessed of Estates in Act 7 Anue, c. 19. Fee, in Trust, or by Way of Mortgage, to make Conveyances of such Estates, Persons under the Age of one and twenty Years, having Estates in Lands, Tenements, or Hereditaments, only in Trust for others, or by Way of Mortgage, are enabled and compellable, by the Direction and Order of the High Court of Chancery, or the Court of Exchequer, to convey and assure such Lands, Tenements, or Hereditaments, in such Manner as the said Court of Chancery, or the Court of Exchequer, shall, by such Order in pursuauce of the said Act, direct: And whereas the Benefit intended by the said Act will be manifestly extended, by giving to, and vesting in, the proper respective Courts of the Duchy of Lancaster, ' and the Courts in the several Counties Palatine of Chester, Lancas'ler, and Durham, and the Courts of the Great Sessions in Wales, such and the like Power, Jurisdiction and Authority, respecting 'Infants who are or shall be seised of Lands, Tenements, or Hereditaments, within the said Duchy of Lancaster, and the several Counties Palatine of Chester, Lancaster, and Durham, and the Principality of Wales respectively, in Fee, or for the Life or Lives of one or more other Person or Persons, as by the said Act is given to, and vested in the High Court of Chancery, and the Court of • Exchequer: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual Infants may, by and Temporal, and Commons, in this present Parliament assembled, Order of the Cours and by the Authority of the same, That from and after the first Day make Conveyances of June, One Thousand Seven Hundred and Sixty-four, it shall and may be lawful to and for any Person or Persons under the Age of One and Twenty Years, having such Estate or Estates in Lands, Tenements, or Hereditaments, within the Duchy of Lancaster, or the Counties Palatine of Chester, Lancaster, and Durham respectively, or in the Principality of Wales, by the Direction of the Court of the Duchy Chamber of Lancaster, of the Court of Exchequer of the

of such Estates;

No. 4.

4 G. III. c. 16.

County Palatine of Chester, of the Court of Chancery of the County Palatine of Lancaster, of the Court of Chancery of the County Palatine of Durham, and of the several Courts of the Great Sessions in Wales respectively, signified by an Order made upon hearing all Parties concerned on the Petition or Motion of the Person or Persons for whom such Infant or Infants, shall be so seised as aforesaid, in Trust, or of the Mortgagor or Mortgagors, or Guardian or Guardians, of such Infant or Infants, or Persons intitled to the Monies secured by or upon any such Lands, Tenements, or Hereditaments, whereof any Infant or Infants are or shall be seised, in Trust, or by Way of Mortgage, or of the Person or Persons intitled to the Redemption thereof, to convey and assure any such Lands, Tenements, or Hereditaments, in such Manner as the said several Courts of the said Duchy, Counties Palatine, and Great Session in Wales, wherein such Lands, Tenements, or Hereditaments, shall lie, by such Order so to be obtained, direct, to any other Person or Persons; and such Conveyance or Assurance so to be had and made as aforesaid, shall be as good and effectual in Law, to all Intents and Purposes whatsoever, as if the said Infant or Infants was or were at the making such Conveyance or Assurance of the fuil Age of One and Twenty Years; any Law, Custom, or Usage, to the contrary in any wise notwithstanding. II. And be it further enacted by the Authority aforesaid, That Being only Trus all and every such Infant or Infants, being only Trustee or Trustees, gees may be com- Mortgagee or Mortgagees, as aforesaid, shall and may be compelled, pelled by such by such Order as aforesaid to be obtained, to make such Conveyance such Conveyances or Conveyances, Assurance or Assurance, as aforesaid, in like Manner and Assurances ac- as Trustees or Mortgagees of full Age are compellable to convey or cordingly. assign their Trust Estates or Mortgages.

tees, or Mortga

Order, to make

11 G. III. c. 20.

No. 5.

11 George III. c. 20.-An Act to enable Lunatics intitled to renew Leases, their Guardians and Committee, to accept of Surrenders of Old Leases, and grant new

ones.

W Guardians of Committees, have not any Power or Authority,

THEREAS by the Laws now in Force, Lunatics, or their

· upon a Surrender of any Lease of Lands, Tenements, or Hereditaments, for the Life or Lives of one or more Person or Persons, or for Terms of Years absolute or determinable on the Death of one or 'more Person or Persons, to make a sure or effectual Renewal of such 'Lease or Leases, which is frequently to the Detriment of such Lunatics and their Families, and always to the Prejudice of the Person or Persons intitled to such Renewal:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent Lunatics, their of the Lords Spiritual and Temporal, and Commons, in this present Guardians, &c. Parliament assembled, and by the Authority of the same, That from and after the Twenty-fifth Day of March, One Thousand Seven Hundred and Seventy-one, in all Cases where any Lunatic is or shall be intitled, or has Right to renew any Lease or Leases made or granted, or to be made or granted, for the Life or Lives of one or more Person or Persons, or for any Term or Number of Years, absolute or determinable on the Death of one or more Person or Persons, or otherwise, it shall and may be lawful to and for such Lunatic, or his