No. VI. c. 75. assembled, and by the authority of the same, That it shall and may be lawful for the Lord Chancellor Lord Keeper or Lords Commissioners for the custody of the Great Seal of the United Kingdom and of Ireland 43 Geo. III. respectively, being entrusted by virtue of the King's sign manual with the care and commitment of the custody of the persons and estates of persons found lunatic or of unsound mind, and incapable of managing their The Lord affairs, by inquisition taken in England and Ireland respectively, to order Chancellor of the freehold and leasehold estate* of such persons respectively to be sold, the United or charged and incumbered by way of mortgage or otherwise, as shall Kingdom and be deemed most expedient for the purpose of raising such sum or sums of Ireland, of money as shall be necessary for payment of the debts, and for per- being entrusted forming the contracts or engagements of any such persons respectively, with the Perand the costs and charges attending the same, and attending such sale sons and Estates mortgage or incumbrance respectively, and to direct the committee of Lunatics or committees of the estate of such persons respectively to execute, may order the in the name and on the behalf of such persons respectively, conveyances Leasehold Esof the estates so to be sold mortgaged or incumbered, and to procure such admittance to and make such surrenders of the copyhold estates of Persons to be such persons found lunatic or of unsound mind, and to do all such acts sold or charged as shall be necessary to effectuate the same, in such manner as such by Mortgage, Chancellor Keeper or Commissioners of the Great Seal of the United for raising moKingdom and of Ireland respectively shall direct; which conveyances -ney for the so to be made in pursuance of any such order aforesaid, shall be as good payment of and effectual in law as if the same had been executed by every such debts, &c. person so found lunatic or of unsound mind respectively, when in his or her sound mind. Freehold and tates of such II. And be it further enacted, That in case there shall be any surplus Application of of money to be raised by any such sale as aforesaid, after answering the surplus. purposes aforesaid, the same shall be applied and disposed of in the same manner as the estate sold would have been applied if this Act had not been made. &c. of Lunatics having only a limited Estate therein, may be executed by the Committee of the Estate of such Person, under the direc III. And whereas many persons so found lunatic, or of unsound The Power of mind, may be seised and possessed of freehold and copyhold lands tene- leasing Lands, 'ments and hereditaments, either for the term of their natural lives, or ' for some other estate, with power of granting leases and taking fines, ' reserving small rents on such leases for one two or three lives in pos'session or reversion, or for some number of years determinable upon ' lives, or for terms of years absolutely;' be it enacted, That in every such case all and every power of leasing such lands tenements and hereditaments, which is or shall be vested in such person so found lunatic or of unsound mind, having a limited estate only, shall and may be executed by the committee or committees of the estate of such person, under the direction and order of the Lord Chancellor Lord Keeper or Lords Commissioners for the custody of the Great Seal of the United Kingdom and of Ireland respectively, being duly entrusted by virtue of the King's sign manuel with the care and commitment of the custody of the persons and estates of such persons; and such lease or leases so to be executed by the said committee and committees, under and by virtue of such order, shall be as good and effectual in law as if the same were executed by the said person so found lunatic or of unsound mind, in his or her sound mind. may tion of the Chancellor. Where Luna- IV. And whereas persons so found lunatic or of unsound mind may be seised or possessed of and entitled to freehold or copyhold estates ' in fee or in tail, and an absolute interest in leasehold estates, and it be for the benefit of such persons that leases or under-leases should be 'made of such estates for terms of years, and especially to encourage the tates in Fee or erection of buildings thereon, or repairing buildings actually being thereon, in Tail, and an or otherwise improving the same;' be it enacted, That it shall and may in Leasehold Es be lawful for the Lord Chancellor Lord Keeper or Lords Commissioners tates, the Chanfor the custody of the Great Seal of the United Kingdom and of Ireland cellor may absolute interest direct the Committee of the Estate to make Leases thereof. Extended to copyholds and ancient demesne by stat. 59 Geo. III. c. 80, supra Class X. No. XXV. No. VI. c. 75. respectively, intrusted by virtue of the King's sign manual with the care 43 Geo. III. and commitment of the custody of the persons and estates of such persons respectively, to order and direct a committee or committees of the estate of such lunatic to make such leases of the freehold copyhold or leasehold estates of such persons respectively, according to his or her interests therein respectively, and to the nature of the tenures of such estates respectively, for such term or terms of years, and subject to such rents and and covenants, as the Lord Chancellor Lord Keeper or Lords Commissioners for the custody of the Great Seal of the United Kingdom and of Ireland respectively, intrusted as aforesaid, shall direct; and that all and every such lease or leases made by such committee or committees, under and by virtue of the said order, as such Lord Chancellor Lord Keeper or Lords Commissioners respectively shall make thereupon, shall be as good and valid in the law as if the same had been executed by the person so found lunatic or of unsound mind respectively, in his or her sound mind. 1 & 2 15. Geo. IV. c. V. And be it further enacted, That all and every act to be done by such committee or committees of the estate of such lunatic under and by virtue of this Act and the order of the Lord Chancellor Lord Keeper or Lords Commissioners of the Great Seal of the United Kingdom and of Ireland respectively, intrusted as aforesaid, shall be as valid and binding against the said persons so found lunatic and of unsound mind respectively, and all persons claiming by through or under him or her respectively, as if the persons so found lunatic or of unsound mind respectively had been in his or her sound mind, and had personally done such act or acts respectively. VI. Provided nevertheless, and be it enacted, That nothing in this Act contained shall extend, or be construed to extend, to subject any part of the freehold copyhold or leasehold estates of any person found lunatic or of unsound mind to the debts or demands of his creditors otherwise than as the same are now subject or liable by due course of law; but only to authorise the Lord Chancellor Lord Keeper or Lords Cominissioners for the custody of the Great Seal of the United Kingdom and of Ireland respectively, being entrusted by virtue of the King's sign manuel with the care and commitment of the custody of the persons and estates of persons so found lunatic or of unsound mind, to make order in such cases as are hereinbefore mentioned, when the same shall be deemed for the benefit and advantage of such person so found lunatic or of unsound mind, and incapable of managing his or her affairs. I No. VII. ] 1 & 2 Geo. IV. c. 15.-An Act to authorise the Transfer of Stocks and Payment of Dividends of Lunatics residing out of England.-[24th March 1821.] WHEREAS by the laws in being relative to the transfer of stocks and annuities transferrable at the bank of England, all such tranfers are required to be entered and registered, and such entries are required to be conceived in proper words for that purpose, and to be signed by the parties making such transfers, or (if such parties be absent) by their attornies lawfully authorised; and it is also declared, that no other method of assigning or transferring such stocks and annuities shall be good and available in law: And whereas it hath frequently happened that persons having parts of such stocks and annuities standing in their names, and residing out of England, have become lunatic, and the personal estate of such persons has, according to the laws of the place wherein they resided, been duly vested in curators or other persons appointed for the management thereof: And whereas it is proper that the dividends upon such stocks and annuities should be paid to such curators and other persons as aforesaid; and it is also sometimes proper and expedient that the capital of such stocks or annuities, or some part thereof, should be transferred; but by the laws in being no such payment or transfer can be made, whereby great inconvenience have arisen: For remedy whereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, in all cases where any such stocks or annuities transferrable or thereafter to be made transferrable at the Bank of England shall be standing in the name of any person residing out of England, it shall and may be lawful for the Lord Chancellor Lord Keeper and Commissioners of the Great Seal of the United Kingdom of Great Britain and Ireland for the time being, upon petition and proof being made to the satisfaction of the Lord Chancellor Lord Keeper or Commissioners of such Great Seal for the time being, that such person has been declared lunatic, and that his or her personal estate has been vested in a curator or curators, or other person or persons appointed for the management thereof, according to the laws of the place where such person shall reside, to order the accountant-general secretary or deputy secretary for the time being of the Governor and Company of the Bank of England to transfer such stock or annuities, or any part or parts thereof, into the name or names of any such curator or curators, or other such person or persons as aforesaid, or otherwise, and also to receive and pay over the dividends thereof, as the Lord Chancellor Lord Keeper or Commissioners of the Great Seal of the United Kingdom of Great Britain and Ireland for the time being, shall think fit and direct; and that such transfers and payments shall be valid and effectual to all intents and purposes whatsoever, any former statute, law, custom, or usage, to the contrary thereof in anywise notwithstanding. No. VIII. 1 & 2 Geo. IV. c. 114. In cases where standing in the name of any II. And be it enacted, That this present Act shall be and is hereby Indemnity to declared to be a full and complete indemnity and discharge to the said the Bank. Governor and Company of the Bank of England, their officers and servants, for all things done or permitted to be done pursuant thereto, and that the same shall not be impeached or questioned in any court of law or equity whatsoever to their prejudice or detriment; and that this present Act shall be and is hereby declared to be and to be reputed and taken as a public Act, to all intents and purposes whatsoever. [ No. VIII. ] 1 & 2 Geo. IV. c. 114. An Act for the WHEREAS by an Act of Parliament made in the fourth year of the 4 Geo. 2. c. 10. No. IX. 6 Geo. IV. c. 53. Lord Chancellor, &c. to appoint Persons to convey and assure Lands of Lunatics and Idiots. Persons so ap. pointed compelled to convey. That from and after the passing of this Act it shall and may be lawful to and for the Lord Chancellor of Great Britain or the Lord Keeper or Commissioners of the Great Seal of Great Britain for the time being, by an order made on the petition of the person or persons for whom such person or persons being idiot lunatic or non compos mentis (but not having been found such by inquisition,) shall be seised or possessed in trust, or of the mortgager or mortgagers, or of the person or persons entitled to the monies secured by or upon any lands tenements or hereditaments, whereof any such person or persons being idiot lunatic or non compos mentis (but not having been found such by inquisition,) is or are or shall be seised or possessed by way of mortgage, or of the person or persons entitled to the equity of redemption thereof, to appoint such person or persons as to the Lord Chancellor Lord Keeper or Lords Commissioners of the Great Seal of Great Britain respectively, shall seem meet, on behalf of such person or persons being so idiot lunatic or non compos mentis as aforesaid, to convey and assure any such lands tenements or hereditaments, in such manner as the Lord Chancellor of Great Britain or Lord Keeper or Lords Commissioners of the Great Seal of Great Britain, shall by such order so to be obtained direct, to any other person or persons; and such conveyance and assurance so to be had and made as aforesaid, shall be as good and effectual in law to all intents and purpose whatsoever as if the said person or persons, being idiot lunatic or non compos mentis, was or were at the time of making such conveyance or assurance of sane mind memory and understanding, and not idiot lunatic or non compos mentis, and had by him her or themselves so conveyed and assured such lands tenements and hereditaments; any law custom or usage to the contrary in anywise notwithstanding. II. And be it further enacted, That all and every such person and persons, being to be appointed by virtue of this Act, shall and may be empowered and compelled by such order so as aforesaid to be obtained, to make such conveyance and conveyances, assurance or assurances as aforesaid, in like manner as trustees or mortgagees of sane memory are compellable to convey surrender or assign their trust estates or mortgages. [No. IX. ] 6 Geo. IV. c. 53.-An Act for limiting the Time within which Inquisitions of Lunacy, Idiotcy, and Non Compos Mentis, may be traversed, and for making other Regulations in the Proceedings pending a Traverse. [22d June 1825.] WHEREAS by an Act passed in the second and third years of the reign of King Edward the Sixth, it was enacted, That if any person should be untruly founden lunatic idiot or dead, every person and persons grieved by any such office or inquisition, should and might have his or their traverse to the same immediately, or after, at his or their pleasure, and proceed to trial therein, and have like remedy and advantage as in other cases of traverse upon untrue inquisitions or offices founden: And whereas great inconvenience hath arisen from there being no time limited within which inquisitions or offices finding persons lunatic idiot or of unsound mind, must be traversed; and it is expedient that some time should be limited for that purpose: And whereas the care and commitment of the custody of the persons and estates of persons found lunatic idiot or of unsound mind, have been usually entrusted, by virtue of the King's sign manual, to the Lord Chancellor Lord Keeper or Lords Commissioners for the custody of the Great Seal of the United Kingdom and of Ireland respectively; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the sanie, That where any inquisition has, before the passing of this Act, been returned into the quisitions to be presented within a limited Time. Petitions to traverse In High Court of Chancery, by which any person hath been found lunatic idiot or of unsound mind, it shall be lawful for any person or persons desiring to traverse such inquisition, or for any person or persons desiring to oppose such traverse, to present a petition to the Lord Chancellor Lord Keeper or Lords Commissioners of the Great Seal of the United Kingdom and of Ireland respectively, or other person or persons entrusted as aforesaid, by virtue of the King's sign manual, before the end of Michaelmas term next after the passing of this Act, praying that such traverse may he proceeded in and brought to trial; and where any person or persons shall be desirous of traversing any such inquisition as aforesaid, which shall be returned into the said Court of Chancery after the passing of this Act, a petition for that purpose shall be presented to the Lord Chancellor Lord Keeper or Lords Commissioners, or other the person or persons entrusted as aforesaid, within three calendar months, to be com puted from the day of the return of such inquisition; and the said Lord Chancellor Lord or Keeper Lords Commissioners or other the person or persons entrusted as aforesaid, is or are hereby directed and required to hear and determine such petition; and the said Lord Chancellor Lord Keeper or Lords Commissioners, or other the person or persons entrusted as aforesaid respectively, shall, in every order to be made upon any such petition as aforesaid, limit a time, not exceeding six calendar months from the date of such order, within which the person or persons desiring to traverse as aforesaid, and all other proper parties, are to proceed to trial of the traverse to which such petition shall relate; and it shall also be lawful for the said Lord Chancellor Lord Keeper or Lords Commissioners, entrusted as aforesaid, in the case of every such traverse as aforesaid, upon the petition of any such person or persons as aforesaid, to make an order that the person or persons desiring to traverse as aforesaid, not being the party who has upon such inquisition been found lunatic idiot or of unsound mind, shall, within three weeks after the date of such order, give sufficient security to one of the masters in ordinary of the said Court of Chancery, and to the satisfaction of the same master, for all proper parties proceeding to the trial of such traverse as aforesaid, within the time to be for that purpose limited as aforesaid. II. And be it further enacted, That every person having or who shall hereafter have right to traverse any such inquisition as aforesaid, who shall not present his or her petition for that purpose to the Lord Chancellor, Lord Keeper, or Lords Commissioners, or other the person or persons entrusted as aforesaid, within the time herein-before limited, and applicable to his or her case, or who shall refuse or neglect to give such security as aforesaid, or who shall not proceed to the trial of such traverse within such time as shall be in that behalf limited or directed as aforesaid, and the heirs executors and administrators of every such person, and all others claiming or to claim by through or under him or her shall be and are hereby absolutely barred of such right of traverse, unless the Lord Chancellor Lord Keeper or Lords Commissioners, or other the person or persons entrusted as aforesaid, shall under the special circumstances of any particular case think fit, upon a petition being presented to him or them for that purpose, to allow such traverse to be had or tried after the time by this Act limited; in all which special cases it shall be lawful for the said Lord Chancellor Lord Keeper or Lords Commissioners, or other the person or persons entrusted as aforesaid, to make such orders as to him or them shall seem just. III. Provided always, and be it further enacted, That it shall be lawful for the said Lord Chancellor, Lord Keeper, and Lords Commissioners, or other the person or persons entrusted as aforesaid, if he or they shall be dissatisfied with any verdict, to be returned upon any such traverse as aforesaid, to order one or more new trial or trials thereon, as to him or them shall seem mect, and as is usual in cases of issues directed by the Court of Chancery; any thing herein-before contained to the contrary in anywise notwithstanding. No. IX. 6 Geo. IV. c. 53. Persons not petitioning within limited Time, barred. Lord Chancellor may direct new Trials. |