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Act to extend to Ireland.

Recited Acts

not extended to any case

of a deceased mortgagee

not provided for by this Act.

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 thereinbefore contained had formed part of the recited Acts.

Sect. 3. The recited Acts not to be construed to extend to any case of any person dying seised of any land by way of mortgage, other than such as are in this Act expressly provided

for.

Infants, Femes Covert, Lunatics, &c.

As to the 11 Geo. 4 & 1 Will. 4, c. 65, intituled,
"An Act for consolidating and amending the
Laws relating to Property belonging to Infants,
Femes Covert, Lunatics, and Persons of unsound
Mind."

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

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.

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.

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By Sect. 1, the several Acts of 11 Anne, c. Acts repealed 3,9 Geo. 1, c. 29, 29 Geo. 2, c. 31, 11 Geo. 3, c. 20, 43 Geo. 3, c. 75, 47 Geo. 3, c. 8, s. 2, 59 Geo. 3, c. 80, 9 Geo. 4, c. 78, and so much of 6 Geo. 4, c.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to funds belonging to stocks, funds, &c. belonging to infants, idiots, lunatics, or persons of unsound mind, are repealed.

terpreting the

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

Admission of

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, infants, &c. to may be admitted to copyhold estates by their guardian, committee, or attorney.

copyholds.

9 Geo. 1, c.29, s. 1.

Femes covert

and infants

Sect. 4. Femes covert and infants having no

may appoint guardians, may appoint attorneys for that

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lord may ap

Sect. 5. In default of appearance of infant, And in default feme covert, or lunatic, the lord may appoint point. an attorney.

9 Geo. 1, c.

29, s. 1.

ter for fines

9 Geo. 1, c. 29,

s. 2.

Sect. 6. Upon every admittance of infant, Lord may enfeme covert, or lunatic, the fine imposed to be if not paid. demanded by the bailiff, or agent of the lord, by a note in writing signed by such lord or his steward, to be left with the guardian of such infant, or such infant if he have no guardian, or with such feme covert, or her husband, or with the committee of the estate of such lunatic, or with the tenant or occupier of the land; and if such fine be not paid or tendered, the lord may enter and receive the profits till he is satisfied; but the lord to account yearly; and

ver up pos

Sect. 7. When the fines are satisfied, to de- Lord to deliliver up possession to such infant, &c. who may session when enter and take possession.

fines satisfied. 9 Geo. 1, c. 29, s. 3.

&c. paying

Sect. 8. Guardians or husbands, or commit- Guardians, tees paying fines may reimburse themselves out fines may reof the rents of the copyholds.

imburse them.
9 Geo. 1, c.
29, 8. 4.

for want of

Sect. 9. No forfeiture to be incurred by infant, No forfeiture feme covert, or lunatic, for not appearing, or appearance. refusing to pay fines.

9 Geo. 1, c. 29. 8.5.

Sect. 10. Fines not warranted by the custom Fines may be

controverted,

9 Geo. 1, c. of the manor, or unlawful may be contro

29, s. 6.

Attorneys may be appointed.

47 Geo. 3, c.

verted.

Sect. 11. Persons empowered to appoint attorneys, &c. for surrendering copyholds, and

8, s. 2; 59 Geo. other lands, &c. of which recoveries are intended to be suffered.

3, c. 80.

Court may

order surren

held by in

fants, &c. 29 Geo. 2, c. 31.

Sect. 12. Infants and their guardians, and der of leases femes covert, or any persons on their respective behalves, may apply to the Court of Chancery by petition or motion, in a summary way, and obtain an order for surrendering leases to which such infants and femes covert may be respectively entitled, and renewing them for the terms mentioned in the old leases, or otherwise as the Court shall direct.

And also by

committees of lunatics.

Sect. 13. And committees of lunatics may in like manner apply to the Lord Chancellor for a similar order (a).

(a) The usage in lunacy, on granting leases of a lunatic's estate, is, that the committee pays the expense of the inquiry, and the lessee of the lease.-Ex parte Prickett, Re Duchess of Norfolk, a lunatic, 3 Swanst. 130.

A lease renewed for the benefit of a lunatic's estate ought to be taken in the name of the lunatic, if it were so at the time of the lunacy, but if originally in trust for the lunatic, then to the committee.-Ex parte Jermyn, 3 Swanst. 131, n.

An Act of parliament having authorized the vicar of Camber

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