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Sect. 28. The powers given by the Act to the And by the Lord Chancellor of Great Britain and Ireland and Lordo to be exercised in like manner by the Lord ers of the Keeper or commissioners of the great seal of freland. Great Britain and Ireland.
great seal of
to extend to
Sect. 29. The powers given the Court of Powers given Chancery in England to extend to land and of Chancery stock within any of his Majesty's dominions and and except Scotland.
stock lo all the king's dominions
Sect. 30. And may be exercised in like man- And may be ner by the Court of Exchequer.
exercised by the Court of Exchequer.
Sect. 31. And by the Courts of Chancery and And by the Exchequer in Ireland with respect to land and Chancery stock in Ireland.
quer in Ire.
land as to land and stock there.
pamed in the
c. 74, s. 15.
Sect. 32. In all cases in which orders shall Who shall be be made in pursuance of the Act for the trans-orders of the fer of stock, the person to be named in such making transorder for making such transfer shall either be 6 Geo. 4, the committee of the estate of the person being lunatic in whose place such transfer shall be made, or a co-trustee or co-executor 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 the 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.
Act to be an indemnity to
Sect. 33. The Act to be an indemnity to the the Bank and Bank and other companies.
Escheat of Trust Property.
As to the Act of 4 & 5 Will. 4, c. 23, intituled “An
Act for the amendment of the Law relative to the Escheat and Forfeiture of Real and Personal Property holden in Trust" (a).
Sect. 1 recites, that great inconvenience has been found to result to persons beneficially entitled to real or personal property by the escheating or forfeiture thereof in consequence of the death without heirs, or the conviction for treason or felony of a trustee in whom or in whose name the same is vested, and declares that the provisions of the Act relating to land should extend to and include any manor,
(a) For the decisions with reference to this statute, see notes of cases on sect. 8 of 1 Will. 4, c. 60, ante.
suage, tenement, hereditament or real property, whether freehold, customaryhold, copyhold or of any tenure whatever; those relating to chattels, to personal property of every description ca- Interpretapable of being transferred or disposed of other- tion of Act. wise than in books kept by any company or society, or to any share thereof or interest therein ; those relating to dividends, to interest or other annual produce; those relating to a conveyance, to any lease and release, surrender or other assurance of real property, including all acts and deeds necessary for making and perfecting the same; those relating to an assignment, to any surrender, delivery or other disposition of the personal property, and to all acts, deeds and things necessary for making and perfecting the same; those relating to a transfer, to any payment or other disposition of stock; those relating to an heir, to any devisee or other real representative, by the common law or by custom or otherwise; and those relating to an executor, to any administrator or other personal representative, unless there be something in the subject or context repugnant to such construction.
Sect. 2. Where any person seised of any land Where trnsupon any trust, or by way of mortgage, dies gagee dies without an heir, the Court of Chancery may beir, Court of appoint a person to convey such land in like may appoint manner as is provided by the 1 Will.4, c. 60, in case such trustee or mortgagee had left an heir, and it was not known who was such heir(a).
a person to convey.
Lands, &c. mortgagee not to be
Sect. 3. No lands, chattels or stock vested vested in any in any person upon any trust or by way of
mortgage, or any profits thereof, to escheat or reason of the be forfeited to the king or to any corporation, conviction of lord of a manor or other person, by reason of or mortgagee. the attainder or conviction for any offence of
such trustee or mortgagee, but to remain in such trustee or mortgagee, or survive to his cotrustee, or descend or vest in his representative, as if no such attainder or conviction had taken place.
Act to extend to every case of trustee having some
Sect. 4. The several provisions of the Act to
extend to every case of a trustee having some beneficial in- beneficial estate or interest in the same subject, some duty to or some duty as trustee to perform, and also to plied crusts. every case of a trust arising or resulting by im
plication of law, or by construction of equity.
Sect. 5. But not to prevent the escheat or cheat of any forfeiture of any beneficial interest.
But not to prevent es
(a) The proper form of reference under this Act is, that the Master shall inquire whether the party through whom the property became escheated or forfeited was a trustee within the meaning of this Act and of the Act 1 Will. 4, c. 60.
Sect. 6. In all cases where, before the passing Act to extend of the Act, any person possessed of or entitled who have to any land, chattels, or stock, or any right to heirs, or been or interest in any land, chattels, or stock, as a fore the passtrustee thereof either in whole or in part, or jointly with some other trustee or trustees, shall have died without an heir, or been convicted of any offence whereby the said land, chattels, or stock have escheated or been forfeited, or have become subject to any escheat or forfeiture, such land, &c. to be subject to the order, control, and disposition of the Court of Chancery, for the use of the party beneficially interested therein, in such manner and subject to such orders of the Court, under the provisions of the 1 Will. 4, c. 60, as if such person so dead without an heir, or convicted as aforesaid, were out of the jurisdiction of, or not amenable to, the process of the Court. But the Act not to extend to any land, chattels, or stock now vested in any person by virtue of any grant thereof made subsequently to the time when such escheat or forfeiture first occurred, or to any land, chattels, or stock which more than twenty years prior to the passing of the Act shall have been actually vested in possession, or reduced into possession by the party entitled thereto by virtue of any such escheat or forfeiture.