Transfer of Trust Estates Act, 1826
TRANSFER OF TRUST ESTATES ACT 1826 | ||
C A P. XLIII. | ||
An Act to amend the Laws in force in Ireland relating to Conveyances and Transfers of Estates and Funds vested in Trustees. [26th May 1826.] | ||
2 G.1. (I.) | ||
5 G.2. (I.) | ||
Where Trustees or Mortgagees of Lands in Ireland are out of the Jurisdiction of the Court, or refuse to convey, &c. the Court of Chancery or Exchequer there may appoint a Person to convey. | ||
‘Whereas an Act was passed in the Parliament of Ireland, in the Second Year of the Reign of King George the First, intituled An Act to enable Infants who are seised or possessed of Estates in Fee, in Trust or by way of Mortgage, to make Conveyances of such Estates: And Whereas an Act was passed in the Parliament of Ireland, in the Fifth Year of the Reign of King George the Second, intituled An Act to enable Idiots and Lunatics who are seised or possessed of Estates in Fee or for Lives or Terms of Years, in Trust or by way of Mortgage, to make Conveyances, Surrenders or Assignments of Estates, and to prevent Delays where Trustees are not found: And Whereas it is expedient that further Provision should be made for the facilitating the Conveyance and Transfer of Estates and Funds in Ireland, vested in Trustees;’ 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 same, That when and so often as any Person or Persons seised or possessed of any Lands, Tenements or Hereditaments, or other Property in Ireland, or any Estate or Interest therein, upon any Trust or Trusts or by way of Mortgage, shall be out of the Jurisdiction of or shall not be amenable to the Process of the Court of Chancery or Exchequer in Ireland, or it shall be unknown or uncertain whether such Person or Persons be living or dead, or such Person or Persons shall refuse to convey or otherwise assure such Lands, Tenements, Hereditaments or Property, or Estate or Interest, to the Person or Persons entitled thereto, or as such Person or Persons shall direct, or to a new Trustee or Trustees duly appointed by virtue of some Power or Authority, or by the said Court of Chancery or Exchequer, either alone or together with any continuing Trustee or Trustees, as Occasion shall require, then and in every or any such Case, it shall be lawful for such Court of Chancery or Exchequer to appoint such Person or Persons as to such Court shall seem meet, on behalf and in the Name or Names of the Person or Persons seised or possessed as aforesaid, to convey, surrender, release, assign or otherwise assure such Lands, Tenements, Hereditaments or Property, or Estate or Interest, to such Person or Persons, and in such Manner as such Court shall think proper and direct; and every such Conveyance, Release, Surrender, Assignment or Assurance shall be as valid and effectual to all Intents and Purposes, as if the Person or Persons being out of the Jurisdiction or not amenable to the Process of such Courts, or not known to be alive, or having refused, had, by himself, herself or themselves, executed the same. |