| |
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.
|
|
|
Court of Chancery or Exchequer may appoint Persons to transfer Stock in the Bank of Ireland, &c.
|
II. And be it further enacted, That when and so often as any Stocks, Funds, Annuities or Securities transferable in the Books of the Governor and Company of the Bank of Ireland, or of any other Company or Society established or to be established in Ireland, shall be standing in the Name of or otherwise vested in any Person or Persons, as a Trustee or Trustees, or the legal personal Representative of a Trustee or Trustees, who shall be out of the Jurisdiction of or not 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 transfer such Stocks, Funds, Annuities or Securities, or to receive and pay over the Dividends thereof 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 such Case it shall be lawful for the said Court of Chancery or Exchequer to appoint such Person or Persons as to such Court shall seem meet, being an Officer of such Company or Society, to transfer or join with the other Trustee or Trustees, or Representative or Representatives (if any) in transferring such Stocks, Funds, Annuities or Securities to or into the Name or Names of such Person or Persons, and in such Manner as such Court of Chancery or Exchequer shall think proper and direct; and also to order any Person or Persons appointed as aforesaid to receive and pay over the Interest, Dividends or Annual Produce of such Stocks, Funds, Annuities and Securities, in such Manner as such Court of Chancery or Exchequer shall direct; and every such Transfer, Receipt and Payment shall be as valid and effectual as if the Trustee or Trustees, Representative or Representatives, had, by himself, herself or themselves, transferred, received and paid such Stocks, Funds, Annuities or Securities, or Interest, Dividends and Annual Produce.
|
|
|
Orders of Courts under Authority of this Act to be made upon Petition of certain Parties herein mentioned.
|
III. And be it further enacted, That every Direction, Order or Appointment to be made in pursuance of this Act, by the Court of Chancery or Exchequer, shall be signified by an Order to be made upon the Petition of such Person or Persons as hereinafter is mentioned; (that is to say,) if the same shall relate to a Conveyance or other Assurance or Transfer to any Person or Persons beneficially entitled, then upon the Petition of the Person or Persons beneficially entitled to the Lands, Tenements, Hereditaments, Stocks, Funds, Annuities, Securities or Property, or Estate or Interest, to be conveyed, assured or transferred; and if the same shall relate to a Conveyance or other Assurance or Transfer, in order to vest any Lands, Rents, Hereditaments, Property, Stocks, Funds, Annuities or Securities, in a new Trustee or Trustees duly appointed by virtue of some Power or Authority, or by the Court of Chancery or Exchequer, either alone or together with any continuing Trustee or Trustees, then upon the Petition of the Trustee or Trustees in whom the same shall be proposed to be vested, or some or One of them; and if the same shall relate to the Conveyance or other Assurance of an Estate in Mortgage, then upon the Petition of the Person or Persons entitled to the Equity of Redemption thereof, or some or One of the Person or Persons entitled to the Monies thereby secured, or some or One of the Guardian or Guardians of the Person or Persons entitled to such Monies, if an Infant or Infants.
|
|
|
Persons appointed may be compelled to convey or transfer, &c.
|
IV. And be it further enacted, That every Person who shall be appointed by virtue of this Act, shall and may be empowered and compelled, by the Order to be obtained as hereinbefore is mentioned, to make such Conveyance or Conveyances, or other Assurance or Assurances, or Transfer or Transfers, or Payment or Payments as aforesaid, in like Manner as Trustees of full Age and of sane Mind, Memory and Understanding, are compellable to convey or otherwise assure or transfer and pay over their Trust Estates or Funds.
|
|
|
How far Act to extend to Trustees having beneficial Interest, or having Duty to perform.
|
V. And be it further enacted, That the several Provisions hereinbefore contained shall extend and be construed to extend to Cases in which a Trustee or Trustees may have some beneficial Estate or Interest in the Lands, Tenements, Hereditaments, Property, Stocks, Funds, Annuities or Securities vested in him, her or them as aforesaid, and also to Cases in which the Trustee or Trustees may have some Duty or Duties to perform, so as to enable Conveyances and other Transfers to be made, in order to vest any Lands, Tenements, Hereditaments, Property, Stocks, Funds, Annuities or Securities, in a new Trustee or Trustees duly appointed in the Place of such Trustee or Trustees, by virtue of some Power or Authority, or by the Court of Chancery or Exchequer in Ireland, either alone or jointly with any continuing Trustee or Trustees, as the Case may require.
|
|
|
And to Petitions in Cases of Charity and Friendly Societies.
|
VI. And be it further enacted, That the Provisions hereinbefore contained shall extend and be construed to extend to all Cases of Petitions in which the Court of Chancery or the Court of Exchequer in Ireland are by Law authorized and empowered to grant Relief and make summary Orders without Suit, either in Matters of Charity, or relative to or for the better Security, or for the Application, Receipt, Payment or Transfer of any of the Funds thereof, or in Matters relative to any Benefit or Friendly Societies, or for the better Security, or for the Application, Receipt, Payment or Transfer of any of the Funds thereof.
|
|
|
Indemnity to the Bank and other Companies.
|
VII. And be it further enacted, That this Act shall be and is hereby declared to be a full and complete Indemnity and Discharge to the Governor and Company of the Bank of Ireland, and all other Companies and Societies, and their Officers and Servants, for all Acts and Things done or permitted to be done pursuant thereto; and that such Acts and Things shall not be questioned or impeached in any Court of Law or Equity to their Prejudice or Detriment.
|
|
|
Costs may be directed to be paid.
|
VIII. And be it further enacted, That the Court of Chancery or Exchequer in Ireland may order the Costs, Charges and Expences of and relating to the Petitions, Orders, Appointments, Conveyances or other Assurances and Transfers to be made in pursuance of this Act or any of them, to be paid and raised out of or from the Lands, Tenements and Hereditaments, Stocks, Funds, Annuities and Securities, or the Rents, Issues, Dividends and Annual Produce, in respect of which the same respectively shall be made, in such Manner as such Court shall think proper.
|
