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vice or barrack service, shall from and after the passing of this act be and become and continue, and all messuages, buildings, lands, tenements and hereditaments of every description, and whether in Great Britain or Ireland, which shall hereafter be taken or limited by way of mortgage, or for securing any sum or sums of money, or by way of indemnity, or for any other purpose or purposes, for the use of the ordnance service or any objects connected therewith, shall be taken and conveyed and surrendered, and shall thereupon, and when any admittance is necessary, upon any such admittance as hereinafter mentioned shall be and become and continue vested in the principal officers of his majesty's ordnance for the time being, and their successors in the said office, according to the nature and quality of and the respective estates and interests in such hereditaments and premises respectively, and without any words of limitation whatsoever, upon and for the trusts, intents and purposes to which the same are or shall be subject or made liable.”
Sect. 5. “Provided always and be it further enacted, that when and as the person, or, in those cases where there shall be more than one, the survivor of the persons, in whom any messuages, buildings, lands, tenements and hereditaments of copyhold, customary or ancient demesne tenure, heretofore purchased or taken as aforesaid, are now respectively vested, shall die, and when any messuages, buildings, lands, tenements and hereditaments of any such tenure shall hereafter be purchased or taken as aforesaid, the secretary for the time being of the principal officers of his majesty's ordnance, or any other officer of the ordnance department, or other person whom the said principal officers, or any two or more of them, shall from time to time appoint, shall be admitted to such hereditaments and premises, except that in the case of any mortgage or security, such admittance shall be at the option of the said principal officers; and that on the death of any person filling or who shall have filled the office of such secretary, or the office of such officer as shall be so appointed, and who shall have been admitted, or of the person who shall have been admitted to any such hereditaments and premises, the secretary for the time being of the said principal officers who shall succeed or then be in office, or any other officer of the ordnance department, or other person who shall be from time to time appointed as aforesaid, (as the case may be,) shall be admitted to such hereditaments and premises; and that on the respective deaths of the person or persons in whom the hereditaments and premises hereinbefore in that behalf mentioned are now vested, and on whose death or deaths a heriot, fine or any other sum or due would be due or payable, and on the death of the secretary or other officer, or other person who shall be admitted as aforesaid, the lords and ladies of the manor of which the said premises are respectively holden, and their stewards, shall be intitled (in case no alienation shall have previously taken place) to such heriots, fines and fees, and sums of money and other dues, as shall be due and payable and of right accustomed upon
the death of a tenant and the admission of a new tenant, and as they would have been intitled to in case this act had not been passed ; but nevertheless that such person or persons shall only continue tenant or
tenants, and such secretary or officer or other person as aforesaid shall only be admitted, for the purpose of ascertaining and preserving to the lord or lady of the manor the right of escheat and all other rights, and for the purpose of performing such services (if any) as ought to be performed, and of determining when the heriots, fines, fees and sums of money and dues, due or payable on the death of a tenant and the admission of a new tenant, shall become due and payable; and the said hereditaments and premises, as regards the legal estate, and for all purposes of alienation and all other purposes, save as aforesaid, shall be and become and continue vested in the said principal officers for the time being.”
Sect. 6. “And be it further enacted, that all the powers and authorities of selling, exchanging, letting, conveying and surrendering, bringing and defending actions and suits, and distraining, and all other powers and authorities whatsoever given to the said principal officers for the time being,
any three or more of them, by the said recited act of the first and second years of the reign of his late Majesty with respect to the estates and property thereby respectively vested in them respectively, shall apply to the hereditaments and premises which shall be or become vested in the said principal officers by virtue of this act, except so far as the same may be inapplicable to any hereditaments vested in them by way of mortgage or security, while the same shall continue to be so held ; and all the powers and authorities of the said last mentioned act given to bodies politic or corporate and others, of contracting, and of conveying and surrendering lands and hereditaments, and otherwise, shall apply to messuages, lands, tenements and hereditaments of copyhold, customary and ancient demesne tenure, and to the purchase monies for the same; and all powers and authorities by the same act given to the barons or judges of his Majesty's Court of Exchequer relating to the purchase monies therein mentioned, and all other clauses, matters and things whatsoever therein contained relating thereto, whether arising from the sale or purchase of lands or hereditaments or otherwise howsoever, shall apply to the monies which shall arise or become payable under this act; and all other clauses, matters and things in the said recited acts or either of them contained, as far as the same shall be applicable to and not inconsistent with this act, shall apply to this act as fully and effectually to all intents and purposes as if all such powers, authorities, clauses, matters and things were respectively severally and separately repeated and re-enacted in and made part of this act.”
Sect. 10. “ And be it further enacted, That in all contracts of every de scription, and in all conveyances, surrenders, leases, and other deeds and instruments whatsoever relating to the public service, which from and after the passing of this act shall or may be made or entered into by, to or with the principal officers of the ordnance for the time being, or any two or more of them, or whereunto they or any two or more of them shall or may be parties, it shall be sufficient to call or describe the said principal officers by the style or title of “the principal officers of His Majesty's ordnance," without naming them or any of them; and that all such contracts, conveyances, surrenders, leases, and other deeds and instruments wherein the said principal officers shall be called or described by their style or title as aforesaid, and the execution thereof respectively by the said principal officers, or any two or more of them, shall be as valid and effectnal, and shall have the like force and operation, to all intents and purposes whatsoever, as if the said principal officers, or any two or more of them, had been particularly named and described therein."
11 GEO. IV. & 1 Will. IV. c. 60. “ An act for amending the laws respecting conveyances and transfers of
estates and funds vested in trustees and mortgagees; and for enabling courts of equity to give effect to their decrees and orders in certain cases."
[The first sect. repeals the 6th Geo. IV. c. 74, and other acts relating to conveyances of estates vested in trustees, being infants, idiots, &c., but so that the acts repealed by the 6th Geo. IV. should not be revived.]
[The second sect. contains certain rules for the interpretation of the act, the first being that the provisions therein relating to land shall extend to and include any manor, messuage, tenement, hereditament, or real property, of whatever tenure.]
[The third sect. enacts, that where any trustee or mortgagee of land shall be lunatic, the Lord Chancellor may direct the committee to convey such land in such manner as he shall think proper.]
[The fifth sect. extends that power to the case of a person being lunatic, but who shall not have been found such by inquisition; and authorises the Lord Chancellor to direct any person whom he may
proper to appoint for that purpose in the place of the lunatic to convey the land.]
Sect. 6. “And be it further enacted, that where any person seized or possessed of any land upon any trust, or by way of mortgage, shall be under the age of twenty-one years, it shall be lawful for such infant, by the direction of the Court of Chancery, to convey the same to such person and in such manner as the said court shall think
such conveyance shall be as effectual as if the infant trustee or mortgagee had been, at the time of making or executing the same, of the age of twentyone years."
Sect. 7. “ And be it further enacted, that where any person seized or possessed upon any trust or by way of mortgage of any land situated within the duchy of Lancaster, or the counties palatine of Chester, Lancaster, and Durham respectively, or the principality of Wales, shall be under the age of twenty-one years, it shall be lawful for such infant, by the direction of the court of the Duchy Chamber of Lancaster, the Court of Exchequer in the county palatine of Chester, the Court of Chancery in the county palatine of Lancaster, the Court of Chancery in the county palatine of Durham, and the several courts of Great Session in Wales respectively, as to premises within the jurisdiction of the same courts respectively, to convey such lands to such person and in such manner as the said courts re
spectively shall think proper, in like manner as such infant is hereinbefore empowered to convey the same by the direction of the Court of Chancery."
Sect. 8. “ And be it further enacted, that where any person seized 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 seized 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 seized as aforesaid, or the heir of any such trustee, shall neglect or refuse to convey such land for the space of twenty-eight days next after a proper deed for making such conveyance shall have been tendered for his execution by, or by any agent duly authorized 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 seized as aforesaid, or his heir, had made and excuted the same (p).”
Sect. 11. “And 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."
Sect. 12. “ Provided always nevertheless and be it further enacted,
(p) Vide Re Dearden, 3 Myl. & Keen. 508; Ex parte Whitton, 1 Keen, 278; Reg, v. Pitt, 2 Per. & Dav. 385; ante, pt. 1, pp.
84, 85, in notis. Vide also 4 & 5 W. 4, c. 23, s. 2; and 1 & 2 Vict. c. 69.
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.”
Sect. 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 into the Bank of England of money payable in or towards the redemption or discharge of any mortgage or incumbrance, of which a release or conveyance shall be obtained from an infant under the powers of the act, to the account of the accountant general in any cause depending, and, if no cause, to the credit of the infant, subject to the order of the court.]
Sect. 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.”
Sect. 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 lifetime 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