in like manner by and are hereby given and extended to the court of Exchequer. COURTS OF CHANCERY AND EXCHEQUER-IRELAND. 31. And be it further enacted, That the powers and authorities given by this act to the courts of Chancery and Exchequer in England, and the provisions contained in this act relating to the same courts, shall and may be exercised in like manner, and are hereby given and extended to the several courts of Chancery and Exchequer in Ireland, with respect to all land and stock in Ireland. Powers given in Ireland. TRANSFERS OF STOCK-WHO TO BE NAMED. Who shall be named in the orders of the court for mak 32. Provided always, and be it further enacted, That in all cases in which orders shall be made, in pursuance of this act, for the transfer of stock, the person to be named in such order for making such transfer shall either be the committee of the estate of the person being lunatic ing transfers. in whose place such transfer shall be made, or a co-trustee or coexecutor of the person in whose place such person shall be directed to transfer, or some officer of the company or society in whose books the same respectively shall be directed to be made; and where such transfer shall be directed to be made in books kept by the governor and company of the Bank of England, such officer shall be the secretary or deputy secretary, or accountant-general for the time being of the said governor and company, or his deputy. 33. And be it further enacted, That this act shall be and is hereby declared to be a full and complete indemnity and discharge to the of the Bank of England, and all other comgovernor and company panies and societies, and their officers and servants, for all acts and things done or permitted to be 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. 1 & 2 VICT. CAP. 69.-[Royal Assent, August 4th, 1838.] An Act to remove Doubts respecting Conveyances of Estates vested in 1 Will. 4, c. 60. WHEREAS, by an act passed in the first year of the reign of his late Majesty King William the Fourth, intituled "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," it was enacted, That where any person seised of any land upon any trust should be out of the jurisdiction of or not amenable to the process of the court of Chancery, or it should be uncertain, where there were several trustees, which of them was the survivor, or it should be uncertain whether the trustee last known to have been seised as aforesaid were living or dead, or if known to be dead it should not be known who was his heir, or if any trustee seised as aforesaid, or the heir of any such trustee, should neglect or refuse to convey such land for the space of twenty-eight days next after a proper deed for making such conveyance should have been tendered for his execution by, or by an agent duly authorized by, any person entitled to require the same, then and in every or any such case it should be lawful for the said court of Chancery to direct any person whom such court might 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 should think proper, and that every such conveyance should be as effectual as if the trustees seised as aforesaid or his heir had made and executed the same; and by the same act it was further enacted, that the several provisions thereinbefore contained should extend to every case of a constructive trust, or trust arising or resulting by implication of law, but that in every such case, where the alleged trustee had or claimed a beneficial interest adversely to the party seeking a conveyance or transfer, no order should be made for the execution of a conveyance or transfer by such alleged trustee until after it had been declared by the court of Chancery, in a suit regularly instituted in such court, that such person was a trustee for the person so seeking a conveyance or transfer; but that the said act should not extend to cases upon partition, or cases arising out of the doctrine of election in equity, or to a vendor, except in any case thereinbefore expressly provided for: And whereas, by another act passed in the fourth and fifth years of the reign of his said late Majesty King William the Fourth, intituled "An Act for the Amendment of the Law relative to the Escheat and Forfeiture of Real 4 & 5 Will. 4, c. 23. and Personal Property holden in trust," it was enacted, That where any person seised of any land upon any trust or by way of mortgage died without an heir, it should be lawful for the court of Chancery to appoint a person to convey such land in like manner as was provided by the hereinbefore in part recited act in case such trustee or mortgagee had left an heir, and it was not known who was such heir, and that such conveyance should be as effectual as if there was such heir: And whereas doubts have arisen whether the provisions of the said acts extend to the cases hereinafter mentioned; and it is expedient that such doubts should be removed by authority of Parliament; may it therefore please your Majesty that it may be enacted and declared; and be it enacted and declared 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 Parliament assembled, and by the authority of the same, that where any person seised of any land by way of mortgage shall have departed this life without having been in possession of such land or in the receipt of the rents and profits thereof, and the money due in respect of such mortgage shall have been or shall be paid to his executor or administrator, and the devisee or heir or other real representative, or any of the devisees or heirs or real representatives, of such mortgagee shall be out of the jurisdiction or not amenable to the process of the court of Chancery, or it shall be uncertain, where there were several devisees or representatives who were joint tenants, which of them was the survivor, or it shall be uncertain whether any such devisee or heir or representative be living or dead, or if known to be dead it shall not be known who was his heir, or where such mortgagee or any such devisee, or heir, or representative, shall have died without an heir, or if any such devisee, or heir, or representative, 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 an agent duly authorized by, any person entitled to require the same, then and in every 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 devisee, heir, or representative, (whether such devisee, heir, or representative, shall or shall not have a beneficial interest in the money paid to the executor or administrator as aforesaid), to convey such land in like manner as by the said firstrecited act the said court is empowered to appoint a person to convey in the cases therein mentioned in the place of a trustee or the heir of a trustee, and every such conveyance shall be as effectual as if such devisee, or heir, or representative, had executed the same. Act to extend 2. And be it further enacted, That the words used in this act shall to England and have the same effect in England and in Ireland, and shall embrace the same objects as they would have had and embraced if the provision herein before contained had formed part of the said recited acts or either of them. Ireland, and to be construed as part of recited acts. Recited acts not to extend to any cases of mortgage other than herein provided for. 3. Provided always, and be it hereby enacted and declared, That the said recited acts or either of them shall not be construed to extend to any case of any person dying seised of any land by way of mortgage other than such as are hereinbefore expressly provided for (a). Meaning of certain words in this act; "Will:" Wills. 7 WILL. IV. & 1 VICT. CAP. 26. [Royal Assent, July 3rd, 1837.] An Act for the Amendment of the Laws with respect to Wills. EXPLANATION OF TERMS. Be it 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 Parliament assembled, and by the authority of the same, That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows; (that is to say), the word "will" shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, by virtue of an 12 Car. 2, c. 24. act passed in the twelfth year of the reign of King Charles the Second, intituled "An Act for taking away the court of wards and liveries, and tenures in capite and by knight's service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof;" or by virtue of an 14 & 15 Car. 2, act passed in the Parliament of Ireland in the fourteenth and fifteenth (I.) years of the reign of King Charles the Second, intituled " An Act for taking away the court of wards and liveries, and tenures in capite and by knight's service," and to any other testamentary disposition; and "Real Estate." the words "real estate" shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary (a) Green v. Holden, 1 Beavan, 207. freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein; and the words "personal estate" shall extend to "Personal esleasehold estates and other chattels real, and also to monies, shares of tate:" government and other funds, securities for money, (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein; and every word Number: importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every Gender. word importing the masculine gender only shall extend and be applied to a female as well as a male. REPEAL CLAUSE. Repeal of the statutes of wills 32 H. 8, c. 1, and 34 & 35 H. 8, c. 5. 10 Car. 1. Sess. 2. c. 2, (I.) Sec. 5, 6, 12, 19, 20, 21, & 2. And be it further enacted, That an act passed in the thirty-second year of the reign of King Henry the Eighth, intituled "The Act of Wills, Wards, and Primer Seisins, whereby a man may devise two parts of his land;" and also an act passed in the thirty-fourth and thirtyfifth years of the reign of the said King Henry the Eighth, intituled "The Bill concerning the Explanation of Wills;" and also an act passed in the Parliament of Ireland, in the tenth year of the reign of King Charles the First, intituled "An Act how Lands, Tenements, etc., may be disposed by Will or otherwise, and concerning Wards and Primer Seisins;" and also so much of an act passed in the twenty-ninth year of the reign of King Charles the Second, intituled "An Act for Prevention of Frauds and Perjuries," and of an act passed in the Parliament of Ireland in the seventh year of the reign of King William the Third, intituled, "An Act for Prevention of Frauds and Perjuries," as relates to devises or bequests of lands or tenements, or to the revocation or alteration of any devise in writing of any lands, tenements, or hereditaments, or any clause thereof, or to the devise of any estate pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering, or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise, or bequest therein; and also so much of an act passed in the fourth and fifth years Sec. 14 of 4 & of the reign of Queen Anne, intituled "An Act for the Amendment of 5 Anne, c. 16. the Law and the better Advancement of Justice," and of an act passed 2, c. 3; 7 W. 3, c. 12, (I.) in the Parliament of Ireland in the sixth year of the reign of Queen 6 Anne, c. 10. Anne, intituled " An Act for the Amendment of the Law and the bet- (I.) ter Advancement of Justice," as relates to witnesses to nuncupative wills; and also so much of an act passed in the fourteenth year of the |