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Conveyances by Devisees, 8c. of Mortgagees.
As to the Act of 1 & 2 Vict. c. 69, intituled "An
Act to remove Doubts respecting Conveyances of
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 represen
tatives 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
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
Court of Chancery may direct conveyance
refuse to convey.
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
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
Act to extend to Ireland.
Sect. 2. The words used in the Act to have the same effect in England and in Ireland, and to embrace the same objects as they would have embraced if the provision therein
before contained had formed part of the recited Acts.
Sect. 3. The recited Acts not to be construed not extended to any case
to extend to any case of any person dying of a deceased mortgagee seised of any land by way of mortgage, other not provided for by this than such as are in this Act expressly provided Act.
Infants, Femes Covert, Lunatics, 8-c.
As to the 11 Geo. 4 & 1 Will. 4, c. 65, intituled,
“ An Act for consolidating and amending the
The principal object of this Act was to extend the powers given by the 6 Geo. 4, c. 74, for enabling Courts of equity to grant leases of estates belonging to infants or lunatics, and to confer the same powers on those Courts for carrying into effect contracts entered into by lunatics previous to their disability, or by their committees subsequently, as were given to the guardians of infants by the Act of 1 Geo. 1, c. 10.
gage money had been paid to their personal representatives. In the first it could not be discovered whether the mortgagee had left any heir, and in the second the heir of the mortgagee was an infant.
Power is also given to the Chancellor to order the transfer of stock standing in the name of any lunatic, or any committee who may have died intestate, or may himself have become lunatic, or who shall be out of the jurisdiction, or where it shall be uncertain whether he be living or dead, or he shall neglect or refuse to transfer such stock, and recive the dividends.
The following are its principal provisions :
By Sect. 1, the several Acts of 11 Anne, C. Acts repealed 3,9 Geo. 1, c. 29, 29 Geo. 2, c. 31, 11 Geo. 3, c. 20, 43 Geo. 3, c. 75, 47 Geo. 3, c. 8, s. 2, 59 Geo. 3, c. 80, 9 Geo. 4, c. 78, and so much of 6 Geo. 4, c. 74, as relates to funds belonging to stocks, funds, &c. belonging to infants, idiots,
lunatics, or persons of unsound mind, are reE pealed.
terpreting the Femes covert and infants
Sect. 2, contains rules for the interpretation Rules for inof the Act, by which it is declared that the Act. provisions therein contained relating to land, shall extend to and include any manor, messuage, tenement, hereditament, or real property of whatsoever tenure, and to property of every
description transferable otherwise than in books kept by any company or society, or any share thereof, or charge thereon, or estate or interest therein ; those relating to stock to any fund, annuity, or security transferable in any books kept by any company or society, or to any money payable for the discharge or redemption thereof, or any share or interest therein ; those relating to dividends to interest or other annual produce; those relating to the Bank of England, to the East India Company, South Sea Company, or any other company or society established, or to be established; those relating to a conveyance to any release, surrender, assignment, or other assurance, including all acts, deeds, and things necessary for making and perfecting the same; those relating to a transfer, to any asset, payment, or other disposition; and those relating to a lunatic, to any idiot, or person of unsound mind, or incapable of managing his affairs.
Sect. 3. Infants, femes covert, and lunatics, may be admitted to copyhold estates by their guardian, committee, or attorney.
Sect. 4. Femes covert and infants having no may appoint guardians, may appoint attorneys for that 9 Geo. 1, c. 29, purpose.