No. I.

1 W. 4, c. 65.

s. 9, as enacts

that agreements of guardians shall bind infants repeal

ed.

Such agreements may be made by guardians, with the approbation of

of King George the First, intituled An Act for making more effectual her late Majesty's gracious Intentions for augmenting the Maintenance of the Poor Clergy, it was enacted, that the agreements of guardians for and on behalf of infants or idiots under their guardianship should be as good and effectual to all intents and purposes as if the said infants or idiots had been of full age and of sound mind, and had themselves entered into such agreements: And whereas it is desirable that the said powers should be exercised under proper control, and that the same should be extended to all persons against whom a commission of lunacy shall have issued; be it further enacted, That so much of the said act of the first year of the reign of king George the first, as is herein-before recited, shall be and the same is hereby repealed,

XXVI. That the guardian of any infant, with the approbation of the court of chancery, to be signified by an order to be made on the petition of such guardian in a summary way, may enter into any agreement for or on behalf of such infant which such guardian might have entered into by virtue of the said last-recited act, if the same had not been repealed; and the committee of the estate of any lunatic, with the approbation of the lord chancellor, intrusted as aforesaid, to be signified by an order to be made in the petition of such committee in a sumlord chancel- mary way, may enter into any agreement for or on the behalf of such lunatic which the guardian of an infant might have entered into for or on the behalf of such infant by virtue of the said last-recited act, if the same had not been repealed.

the court, and by committees with the approbation of the

lor.

Committee of XXVII. That when any person who shall have contracted to sell, lunatics, by mortgage, let, divide, exchange, or otherwise dispose of any land, shall direction of the afterwards become lunatic, and a specific performance of such contract, lord chanceleither wholly or so far as the same shall remain to be performed, shall lor, may con- have been decreed by the court of chancery, either before or after such vey land in lunacy, it shall be lawful for the committee of the estate of such lunatic, performance of in the place of such lunatic, by the direction of the lord chancellor, intrusted as aforesaid, to be signified by an order to be made on the petition of the plaintiff or any of the plaintiffs in such suit, to convey such land, in pursuance of such decree, to such person and in such manner as the said lord chancellor, intrusted as aforesaid, shall direct; and the purchase money, or so much thereof as remains unpaid, shall be paid to the committee of such lunatic.

contracts.

The lord chan

cellor may order the estates of lunatics to be sold or charged by mortgage for raising money for the payment of debts, &c.

XXVIII. That it shall be lawful for the lord chancellor, intrusted as aforesaid, to order any land, of or to which any person being lunatic shall be seised or possessed or entitled, to be sold, or charged and incumbered by way of mortgage, or otherwise disposed of, as shall be deemed most expedient for the purpose of raising money for payment of the debts or engagements of such lunatic, the discharge of any incumbrances on his estates, the costs of applying for and obtaining the commission of lunacy and in opposition thereto, and all proceedings under the said commission, and the costs of such sales, mortgages, charges, and incumbrances, and other dispositions, or for any of such purposes as aforesaid, as such lord chancellor, intrusted as aforesaid, shall respectively direct; and that the monies arising from any such sale, mortgage, charge, incumbrance, or other disposition, may be paid, laid out, and applied in payment of the debts and engagements of such lunatic, the discharge of any incumbrances on his estates, the costs of applying for and obtaining the commission of lunacy and in opposition thereto, and all proceedings under the same commission, or incurred under the order of such lord chancellor, intrusted as aforesaid, and the costs of such sales, mortgages, charges, and incumbrances, and other dispositions, in such manner as the said lord chancellor, intrusted as aforesaid, shall direct; and to direct the committee of the estate of such person to execute, in the place of such person respectively, conveyances of the estates so to be sold, mortgaged, incumbered, or disposed of, and to do all such acts as shall be necessary to effectuate the same, in such manner as such lord chancellor, intrusted as aforesaid, shall direct.

No. I.

XXIX. Provided always, That on any sale, mortgage, charge, incumbrance, or other disposition which shall be made in pursuance of this 1 W. 4, c. 65. act, the person whose estate shall be sold, mortgaged, charged, incumbered, or otherwise disposed of, and his or her heirs, next of kin, Surplus of devisees, legatees, executors, administrators, and assigns, shall have monies to be of such and the like interest in the surplus which shall remain, after the same nature answering the purposes aforesaid, of the money raised by such sale, as the estate. mortgage, charge, incumbrance, or other disposition, as he, she, or they would have had in the estate by the sale, mortgage, charge, incumbrance, or other disposition of which such monies shall be raised, if no such sale, mortgage, charge, incumbrance, or other disposition had been made; and such monies shall be of the same nature and character as the estate so sold, mortgaged, charged, incumbered, or disposed of; and it shall be lawful for the said lord chancellor, intrusted as aforesaid, to make such orders, and to direct such acts and deeds to be done and executed, as shall be necessary for carrying the aforesaid objects into effect, and for the due application of such surplus monies.

XXX. Provided nevertheless, That nothing in this act contained Act shall not shall extend to subject any part of the estates of any person, being subject estates lunatic, to the debts or demands of his creditors, otherwise than as the of lunatics to same are now subject and liable by due course of law, but only to debts otherwise authorize the lord chancellor, intrusted as aforesaid, to make order in than they are such cases as are herein-before mentioned, when the same shall be now subject. deemed just and reasonable, or for the benefit or advantage of such

lunatic.

XXXI. That every surrender and lease, agreement, conveyance, Surrender and mortgage, or other disposition respectively, granted and accepted, leases deemed executed and made, by virtue of this act, shall be and be deemed as valid. valid and legal to all intents and purposes as if the person by whom, or in whose place, or on whose behalf the same respectively shall be granted or accepted, executed and made, had been of full age, unmarried, or of sane mind, and had granted, accepted, made, and executed the same; and every such surrender and lease respectively made and accepted by or on the behalf of a feme covert shall be valid, without any fine being levied by her.

maintenance.

XXXII. That it shall be lawful for the court of chancery, by an order Court of chanto be made on the petition of the guardian of any infant in whose name cery or excheany stock shall be standing, or any sum of money, by virtue of any act quer may order for paying off any stock, and who shall be beneficially entitled thereto, dividends of or if there shall be no guardian, by an order to be made in any cause stock belongdepending in the said court, to direct all or any part of the dividends ing to infants to due or to become due in respect of such stocks, or any such sum of be applied for money, to be paid to any guardian of such infant, or to any other person, according to the discretion of such court, for the maintenance and education or otherwise for the benefit of such infant, such guardian or other person to whom such payment shall be directed to be made being named in the order directing such payment; and the receipt of such guardian or other person for such dividends or sum of money, or any part thereof, shall be as effectual as if such infant had attained the age of twenty-one years, and had signed and given the same.

XXXIII. That where any stock shall be standing in the name of or Stock belongshall be vested in any person being lunatic, who shall be beneficially ing to lunatics entitled thereto, or shall be standing in the name of or vested in any may be ordered person being committee of the estate of a person found lunatic, in trust by the lord for or as part of his property, and such committee shall have died chancellor to intestate or shall himself become lunatic, or shall be out of the jurisdic- be transferred. tion of or not amenable to the process of the court of chancery, or it shall be uncertain whether such committee be living or dead, or such committee shall neglect or refuse to transfer such stock, and to receive and pay over the dividends thereof to a new committee, or as he shall direct, for the space of fourteen days next after a request in writing for that purpose shall have been made by any new committee, then and in

1

No. I.

every or any such case it shall be lawful for the lord chancellor, 1 W. 4, c. 65. intrusted as aforesaid, upon the petition of the committee of the estates of the person being lunatic, or of the person reported by the master to whom the matter is referred as a proper person to be such committee, although such report shall not have been confirmed, to direct such person as such lord chancellor shall think proper to appoint for that purpose to transfer such stock to or into the name of any new committee or in the name of the accountant general of the said court, or otherwise, and also to receive and pay over the dividends thereof, or such sum or sums of money, in such manner as such lord chancellor shall think proper; and such transfers and payments shall be valid and effectual to all intents and purposes whatsoever.

Where stock

XXXIV. That where any stock shall be standing in the name of or shall be stand- vested in any person residing out of England, it shall be lawful for the ing in the lord chancellor, intrusted as aforesaid, upon petition, and proof being names of luna- made to his or their satisfaction that such person has been declared tics residing out of England, the lunatic, and that his personal estate has been vested in a curator or lord chancellor other person appointed for the management thereof, according to the may direct the laws of the place where such persons shall reside, to direct any person whom such lord chancellor shall think proper to appoint for that purpose to transfer such stock, or any part or parts thereof, into the name of any such curator or other such person as aforesaid, or otherwise, and also to receive and pay over the dividends thereof, as such lord chancellor shall think fit; and that such transfers and payments shall be valid and effectual to all intents and purposes whatsoever.

transfer.

Costs may be directed to be paid.

Powers given to the court of chancery in England; which may be exercised by the court of exchequer.

XXXV. That the court of chancery or lord chancellor, intrusted as aforesaid, may order the costs and expences of and relating to the petitions, orders, directions, conveyances, and transfers to be made in pursuance of this act, or any of them, to be paid and raised out of or from the lands or stock or the rents or dividends in respect of which the same respectively shall be made, in such manner as the said court or lord chancellor shall think proper.

XXXVI. That the powers and authorities given by this act to the court of chancery in England shall extend to all land and stock within any of the dominions, plantations, and colonies belonging to his Majesty, except Scotland.

XXXVII. That the powers and authorities given by this act to the court of chancery shall and may be exercised in like manner by, and are hereby given to, the court of exchequer.

Powers given XXXVIII. That the powers and authorities given by this act to the to courts may courts of chancery and exchequer in England shall and may be be exercised in exercised in like manner, and are hereby given to the courts of England and chancery and exchequer in Ireland, with respect to land and stock in Ireland.

Ireland.

Powers given to the lord

chancellor of

XXXIX. That the powers and authorities given by this act to the lord chancellor of Great Britain, intrusted as aforesaid, shall extend to all land and stock wheresoever, within any of the dominions, plantaGreat Britain; tions, and colonies belonging to his Majesty (except Scotland and Ireland).

which may be XL. That the powers and authorities given by this act to the lord exercised by chancellor of Great Britain, intrusted as aforesaid, shall and may be lord chancellor exercised in like manner by, and are hereby given to, the lord chancellor of Ireland, intrusted as aforesaid, with respect to all land and stock in Ireland, but not further or otherwise.

of Ireland.

Inquisitions on commissions

under the great

seal of Great Britain to be

XLI. And whereas it is desirable that in some cases inquisitions taken in England on a commission in the nature of a writ de lunatico inquirendo, and writs of supersedeas of any such commission, should be acted upon in Ireland in the same manner as the same may be acted transmitted and upon in England, and for that purpose shall be placed on record in entered of re- Ireland; and that inquisitions on a like commission executed in Ireland, cord in Ireland, and writs of supersedeas of any such commission, shall be acted on in and acted on England, and for that purpose shall be placed on record there; Be it there, and vice versa.

No. I.

therefore enacted, That in all cases where any person has been or shall be found lunatic or of unsound mind, and incapable of managing his or 1 W. 4, c. 65 her affairs, by any inquisition on a commission in the nature of a writ de lunatico inquirendo under the great seal of Great Britain, it shall be lawful for the proper officer, by order of the lord chancellor of Great Britain, intrusted as aforesaid, to transmit a transcript of the record of such inquisition to the chancery of Ireland, and such transcript shall thereupon be entered of record and be as of record there; and in case a writ of supersedeas of any such commission shall issue, the issue of such writ shall be certified and transmitted and recorded in like manner, and the copies of the record of any such inquisition or supersedeas so transmitted and entered as of record in the chancery of Ireland shall, if the lord chancellor of Ireland, intrusted as aforesaid, shall see fit, and so long only as he or they shall so see fit, be acted upon by him or them respectively, and be of the same force and validity and have the same effect to all intents and purposes in Ireland, as if such inquisition had been taken on a commission under the great seal of Ireland, and such writ of supersedeas had been issued under the great seal of Ireland; and that in all cases where any person has been or shall be found lunatic or of unsound mind, and incapable of managing his or her affairs, by any inquisition on a commission in the nature of a writ de lunatico inquirendo under the great seal of Ireland, it shall be lawful for the proper officer, by order of the lord chancellor of Ireland, intrusted as aforesaid, to transmit a transcript thereof in like manner to the chancery of England, and such transcript shall thereupon be entered as of record there; and in case a writ of supersedeas of any such commission shall issue, a transcript thereof shall be certified and transmitted to the chancery of England, and recorded in like manner; and such entry of record of any such inquisition or supersedeas shall, if the lord chancellor of Great Britain, intrusted as aforesaid, shall see fit, and so long as he or they shall so see fit, be acted upon by him or them respectively, and be of the same force and validity, and have the same force and effect, as if such inquisition had been taken on a commission under the great seal of Great Britain, and such writ of supersedeas had been issued under the great seal of Great Britain.

chancellor to extend to the lord keeper and commissioners.

XLII. That the powers and authorities given by this act to the lord Powers given chancellor of Great Britain, intrusted as aforesaid, shall and may be to the lord exercised in like manner by, and are hereby given to, the lord keeper or commissioners of the great seal of Great Britain for the time being, intrusted as aforesaid; and the powers and authorities given by this act to the lord chancellor of Ireland, intrusted as aforesaid, shall and may be exercised in like manner by, and are hereby given to, the lord keeper or commissioners of the great seal of Ireland for the time being, intrusted as aforesaid.

XLIII. Provided always, That in all cases in which orders shall be Who shall be made in pursuance of this act for the transfer of stock, the person to be named in the named in such order for making such transfer shall be some officer of orders of the such company or society in whose books such transfer shall be made; court for and where such transfer shall be directed to be made in books kept by making transthe governor and company of the Bank of England, such officer shall be the secretary or deputy secretary, or accountant general or deputy accountant general, for the time being of the said governor and company.

fers.

XLIV. That this act shall be and is hereby declared to be a full and Act to be an complete indemnity and discharge to the governor and company of the indemnity to Bank of England, and all other companies and societies, and their the bank and other compaofficers and servants, for all acts and things done or permitted to be nies. done pursuant thereto; and that such acts and things shall not be questioned or impeached in any court of law or equity to their prejudice or detriment.

PART II.

CLASS VII.

FRAUDULENT CONVEYANCES.

[As to when the right to bring a suit in equity for the recovery of land or rent in case of a concealed fraud shall accrue. See the 3 & 4 W. 4, c. 27, s. 26, Part IV. Class 8, Limitations.]

PART II.

CLASS VIII.

LEASES.

[For the clauses of the same act applicable to leases; see as above. As to leases of crown lands, see Part II. Class 12, Lund Revenue of the Crown; see also Part IV. Class 19, Distress.]

PART II.

CLASS IX.

USES.

[There has been no recent statute upon this subject.]