ing a life in Sect. 12. The Court may order persons having Persons hava life interest to convey the fee of lands, &c. terest may be where a decree shall be made under the Act convey the for the sale thereof for the payment of debts (a). ordered to fee. not to be Sect. 13. Act of 33 Geo. 2, made by the par- 33 Geo. 2 (I.) liament of Ireland relating to debts due to affected. bankers, not to be affected. respects of the same nature, and descend in the same manner as the estate, or the lands, &c. so sold or mortgaged. An infant devisee in tail may be ordered to convey under the above (11th) section.-Penny v. Pretor, 9 Sim. 135. In a decree against the infant heir for sale of an estate subject to an equitable mortgage, a day is not to be allowed for the infant to show cause against the decree on attaining his majority-secus, in a decree of foreclosure. Scholefield v. Heafield, 7 Sim. 669, see p. 229, ante. And if a sale take place under the decree, and the mortgagee having permission to bid, become the purchaser, the infant heir will be ordered to convey.-S.C. 8 Sim. 470. An infant tenant in tail of estates directed to be sold for the payment of debts, will be ordered under this section to convey to a purchaser.-Radcliffe v. Eccles, 1 Keen, 130. An application in a creditor's suit under the above section (11) for an infant heir or devisee to convey, must be made by petition and not by motion.-Anon. 1 Y. & C. 75. (a) By the statute 2 & 3 Vict. c. 60, s. 1, the powers given by that Act and the 11 Geo. 4 and 1 Will. 4, c. 47, are declared to authorize the sales and mortgages above referred to to be made in cases where such tenant for life, or other person having a limited interest, or such first executory devisee, as above mentioned, is an infant. Conveyances, &c. by Trustees, &c. As to the Act 11 Geo. 4 & 1 Will 4, c. 60, 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." Prior to the passing of this Act the law relating to conveyances by or on the behalf of infant or lunatic trustees and mortgagees, and of trustees out of the jurisdiction or refusing to act, was principally governed by the Act 6 G.4, c.74; but the powers of that Act were found to be wholly inefficient for many of the cases of daily occurrence requiring the assistance of a Court of equity. In Dew v. Clark (a) it was determined that the 6 Geo. 4, c. 74, applied only to trusts created by express declaration, and hence the numerous instances of constructive trusts were left in a state of uncertainty and suspense. Thus where an estate was sold, and the vendor died before conveyance, leav (a) 4 Russ. 514. ing an infant heir, the Court of Chancery had no power to compel the heir to perform the contract, the heir not being deemed a trustee for the purchaser; but under the 11 Geo. 4 and 1 Will. 4, c. 60, the representatives of vendors, and also nominal purchasers, are deemed trustees, and may be ordered to convey, although infants, after a decree for specific performance. In like manner tenants for life of settled property, contracted to be sold, may be directed to convey the fee-simple after a decree for specific performance. This Act also contains an extremely valuable provision for enabling Courts of equity to appoint new trustees of charities on the death of the trustees in whom the charity estates may have been vested. The sections of the Act which have extended the provisions of the 6 Geo. 4, c. 74, are the 12th, 14th, 16th, 17th, 18th, 19th, 22nd and 23rd. The enactments to which it is important that general attention should be directed are the following: Sect. 1. By this section the former Acts relating to conveyances by infants or lunatic trustees are repealed. Committee of lunatic trus tees or mort Sect. 2 contains rules for the interpretation of the Act. By Sect. 3 it is enacted, that where any person seised or possessed of any land (a) upon direction of any trust, or by way of mortgage, shall be lor, may con. lunatic, the committee of the estate of such gagee, by the Chancel vey. c. 74, s. 3. Lord Chancellor may direct com person, by the direction of the Lord Chancellor, may convey such land in the place of such trustee or mortgagee, to such person and in such manner as the Lord Chancellor shall think proper; and every such conveyance shall be as effectual as if the trustee or mortgagee being lunatic had been of sane mind, and had executed the same (b). Sect. 4. Where any stock (c) shall be standing in the name of any person who shall be (a) By the rules for the interpretation of the Act (sect. 2) it is declared, that the several provisions contained in it relating to land shall include any manor, messuage, tenement, hereditament, or real property of whatever tenure, and property of every description transferred otherwise than in books kept by any company or society, or any share thereof or interest therein. (b) The Vice Chancellor has no jurisdiction under the Act to make any order in cases of lunatic trustees or mortgagees, beyond directing a reference to the Master in the first instance.Anon. 5 Sim. 322. (c) By the interpretation clause (sect. 2) the provisions re lunatic as a trustee or executor alone or jointly person mittee of lunatic trus to transfer same and receive divi 6 Geo. 4, with any other person, or shall continue to be tee of stock standing in the name of a deceased whose executor shall be lunatic, or shall be dends. otherwise vested in or transferable by any per- c.71, s. 6. son who shall be lunatic for the benefit of some other person, the Lord Chancellor may direct the committee of the estate of any such lunatic to transfer or join in transferring such stock to or into the name of such person and in such manner as the Lord Chancellor shall think proper; and also to order such person appointed as aforesaid to receive and pay over, or join in receiving and paying over, the dividends (a) of such stock in such manner as the said Lord Chancellor shall direct(b). lating to stock are directed to extend to any fund, annuity or security transferred in books kept by any company or society established or to be established, or to any money payable for the discharge or redemption thereof, or any share or interest therein, and those relating to a lunatic, to any idiot or person of unsound mind or incapable of managing his affairs. (a) By the above clause all provisions relating to dividends are to extend to interest or other annual produce. (b) Upon an application under this Act for a transfer of stock standing in the name of a lunatic trustee, the Lord Chancellor will not adopt the facts as found in the proceedings in a suit in the Court of Exchequer, but will require them to be ascertained by the usual reference.-Re Prideaux, 2 Myl. & Cr. 640. Where two sums of 4000l. and 2500l. were assigned to three |