charges Sect. 14. All fines, premiums, and for such renewals to be paid out of the or charged thereon as the Court shall direct. Sect. 15. Renewed leases to be held to the same uses as the old ones. the estate. Renewed leases. der renewals. Sect. 16. Where any infant, or feme covert, Court may ormight in pursuance of any covenant, or agreement, if not under disability, be compelled to renew any lease, such infant, or his guardian, or such feme covert may by direction of the Court of Chancery, to be signified by an order to be made in a summary way upon the petition of such infant, or his guardian, or of such feme covert, or of any person entitled to such renewal, accept of a surrender of such lease, and execute a new lease of the premises comprised in such lease for such term, &c. as was mentioned in the lease so surrendered, or otherwise as the Court shall direct. Sect. 17. Court of Chancery may empower Court may infants, or their guardians, by order to be ob- ing or repair well to grant leases, with the consent in writing of the patron, who was a lunatic, on a petition by the committees of his person and estate, for a reference to the Master to inquire whether it would be fit that they on his behalf should consent to a lease, the Chancellor refused to make any order.-Ex parte Smyth, Re Thomas Smyth, a lunatic, 2 Swanst. 393. order build infant's es tates. ing leases of tained in a summary way, to grant building, repairing, or improving leases of such infants' estates for such terms and subject to such rents as the Court shall direct(a); but no fine or premium to be taken and the best and most improved rent to be reserved. The leases to be settled by the Master and counterparts executed by the lessees, and deposited in the Master's office for safe custody till such infants attain twentyone; but no lease to be made of the capital mansion house, and the park and grounds respectively held therewith, for any period exceeding the minority of any such infant. New leases may be exe direction of the Court where lease contains covenant for Sect. 18. Where any person legally bound cuted under to renew is out of the jurisdiction, the Court of Chancery may, by an order to be made on the petition of any person or persons entitled to such renewal, and renewal (whether such person be or be not under jurisdiction. any disability), direct such person as the Court shall appoint for that purpose, to accept a surrender of the subsisting lease, and execute a new lease in the name of the person who ought parties out of (a) An estate, of which A. died seised in fee, descended upon A.'s five infant sisters. The father and mother of the infants being both living, and the estate of the sisters being consequently liable to be divested by the birth of a nearer heir of A., it was held that the infants were not seised of, or entitled to, the land in fee, within the meaning of this section.-In the matter of Evans, 2 Myl. & K. 318. such to have renewed the same; but in every of lunatics new leases contains a co newal. Sect. 19. Committees of lunatics may, by Committees direction of the Lord Chancellor, to be signified may grant by an order to be made in a summary way upon when old lease the petition of such committees, or of any per- venant for resons entitled to renewal, accept of surrenders of old leases, and execute new leases upon such terms as were mentioned in the leases so surrendered, or otherwise, as the Lord Chancellor by such order shall direct; this provision to extend as well to cases where lunatics shall not be compellable to renew, as to cases where renewals might be effectually enforced against them if of sound mind. Sect. 20. Fines and covenants for renewals to Fines, &c. to be paid prebe paid and performed previous to such re- vious to renewals, and counterparts to be executed. newals; disposed of as may direct. Sect. 21. Fines, &c. for such renewals to be And to be disposed of for the benefit of the parties re- the Court spectively entitled thereto, in such manner as the Court shall direct; but on the death of a lunatic, all sums remaining undisposed of on 11 Anne, c. 3, (I.) unaltered. Power of leasing lunatics may account of any such fines, to be considered as between the representatives of the real and personal estates of such lunatic, as real estate, unless such lunatic shall be tenant for life only, and then as personal estate. Sect. 22. The Irish Act of 11 Anne, c. 3, to continue unaltered. Sect. 23. The power of leasing lands, &c. of lands, &c. of lunatics, having only a limited estate therein, be executed may be executed by the committee under the under direc direction of the Chancellor. by committee tion of the Court. Part of Act 1 Geo. 1, c. Sect. 24. Where lunatics are seised of freehold or copyhold estates in fee, or in tail, and an absolute interest in leasehold estates, the Chancellor may direct the committee of the estate to make leases thereof, when such leases shall appear beneficial to the estate (a). Sect. 25. So much of the 1 Geo. 1, c. 10, as 10, repealed. enacts that agreements of guardians shall bind infants, repealed. (a) In Re Starkie, Ex parte Clayton, 3 Myl. & K. 247, it was determined, that this section did not give the Court of Chancery jurisdiction to authorize the committee of the estate of a lunatic tenant in tail in possession to grant leases for twenty-one years, so as to bind the remainder man. Sect. 26. Guardians of infants with the ap Guardians of infants and lunatics may agreements. probation of the Court of Chancery, and com- committees of mittees of lunatics with the approbation of the enter into Lord Chancellor, such approbation to be signified by an order to be made in a summary way, on the petition of such guardian or committee, may enter into agreements in the same manner as if the 1 Geo. 1, c. 10, had not been repealed. of lunatics after decree performance. Sect. 27. When any person who shall have Committees contracted to sell, mortgage, &c. any land shall may convey afterwards become lunatic, and a specific per- for specific formance of such contract shall have been decreed either before or after such lunacy, the committee of such lunatic may, by direction of the Lord Chancellor, to be signified by an order to be made on the petition of the plaintiff or any of the plaintiffs in such suit, convey such land, in pursuance of such decree, to such person and in such manner as the Lord Chancellor shall direct, and the purchase-money shall be paid to the committee (a). (a) The Lord Chancellor cannot, by an order in lunacy, make an absolute title to the lunatic's leasehold estate.—Ex parte Dikes, 8 Ves. 79. In Ex parte Warren, 9 Ves. 609, 610, where a contract for sale of an estate was entered into by a party who was afterwards found lunatic with lucid intervals, on a bill being filed for specific performance, an issue was directed to try whether the defendant was a lunatic at the time he executed the contract, and |