tion of Act. 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 otherwise 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. tee or mort dies gagee dies without an Sect. 2. Where any person seised of any land Where trasupon any trust, or by way of mortgage, without an heir, the Court of Chancery appoint a person to convey such land in Chancery may heir, Court of like may appoint a person to convey. Lands, &c. trustee or mortgagee not to be 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). 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, escheated by attainder or conviction of lord of a manor or other person, by reason of such trustee 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 terest, or 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, or some duty as trustee to perform, and also to plied trusts. every case of a trust arising or resulting by implication of law, or by construction of equity. some duty to perform, and also to im But not to prevent es Sect. 5. But not to prevent the escheat or cheat of any forfeiture of any beneficial interest. beneficial in terest. (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. a to trustees died without heirs, or been convicted be. fore the pass ing of it. 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 or interest in any land, chattels, or stock, as trustee 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. Conveyances by Devisees, &c. of Mortgagees. As to the Act of 1 & 2 Vict. c. 69, intituled "An Sect. 1 recites, ss. 8 and 18 of 1 Will. 4, c. 60, and also s. 2 of 4 & 5 Will. 4, c. 23, and that doubts had arisen whether the provisions of those Acts extended to the cases after mentioned; and enacts, that where any person seised of any land by way of mortgage shall have died 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 where devi- jurisdiction, or not amenable to the process sentatives of of the Court of Chancery, or it shall be uncerout of juris tain, where there were several devisees or reor where they presentatives, who were joint tenants, which of Court of Chancery may direct conveyance sees, or repre mortgagees, diction, &c. refuse to convey. 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 authorised by, any person entitled to require the same; then and in every such case the said Court of Chancery may 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 Act of 1 Will. 4, c. 60, 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 (a). (a) Where a mortgagee was resident out of the jurisdiction, it was held that the case was not within either of the above acts. -Green v. Holden, 1 Beav. 207. The Act of 1 & 2 Vict. c. 69 does not repeal any part of the Acts of 1 Will. 4, c. 60, and 4 & 5 Will. 4, c. 23, but applies only to the cases expressly provided for in it; and therefore the cases of a mortgagee dying leaving an infant heir, or where it is uncertain whether he left an heir, are not affected by the first of these acts.-Re Wilson, Re Gathorne, 8 Sim. 392. In both these cases the mortgagees had died, and the mort N |