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TRUSTEE ACT 1852
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CHAPTER LV.
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An Act to extend the provisions of “The Trustee Act, 1850.”[1]
[30th June 1852.]
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[Preamble recites the Trustee Act, 1850 (13 & 14 Vict. c. 60).]
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[Ss. 1–5 rep. 56 & 57 Vict. c. 53. s. 51.]
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Right to transfer stock &c. to vest in accordance with orders made under this Act or 13 & 14 Vict. e. 60.
Bank of England and companies, &c. to comply with such orders.
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6. When any order being or purporting to be under this Act, or under the Trustee Act, 1850, shall be made by the Lord Chancellor intrusted as aforesaid, . . . vesting the right to any stock, or vesting the right to transfer any stock, or vesting the right to call for the transfer of any stock, in any person or persons, in every such case the legal right to transfer such stock shall vest accordingly; and the person or persons so appointed shall be authorized and empowered to execute all deeds and powers of attorney, and to perform all acts relating to the transfer of such stock into his or their own name or names, or otherwise, to the extent and in conformity with the terms of the order; and the Bank of England, and all companies and associations whatever, and all persons, shall be equally bound and compellable to comply with the requisitions of such person or persons so appointed as aforesaid, to the extent and in conformity with the terms of such order, as the said Bank of England, or such companies associations, or persons would have been bound and compellable to comply with the requisitions of the person in whose place such appointment shall have been made.
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Orders to be an indemnity to Bank and companies, &c. complying therewith.
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7. Every order made or to be made, being or purporting to be made under this or the Trustee Act, 1850, by the Lord Chancellor intrusted as aforesaid, . . . and duly passed and entered, shall be a complete indemnity to the Bank of England, and all companies and associations whatsoever, and all persons, for any act done pursuant thereto; and it shall not be necessary for the Bank of England, or such company or association, or person, to inquire concerning the propriety of such order, or whether the Lord Chancellor intrusted as aforesaid, . . . had jurisdiction to make the same.
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Repealed
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[Ss. 8, 9 rep. 56 & 57 Vict. c. 53. s. 51.]
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Repealed
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[Ss. 8, 9 rep. 56 & 57 Vict. c. 53. s. 51.]
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Appointment of new trustees.
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10. In every case in which the Lord Chancellor intrusted as aforesaid has jurisdiction under this Act, or the Trustee Act, 1850, to order a conveyance or transfer of land or stock, or to make a vesting order, it shall be lawful for him also to make an order appointing a new trustee or new trastees, in like manner as the Court of Chancery may do in like cases, without its being necessary that the order should be made in Chancery as well as in lunacy, or be passed and entered by the registrar of the Court of Chancery.
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Exercise of lunacy jurisdiction under this act.
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11. All the jurisdiction conferred by this Act on the Lord Chancellor, intrusted by virtue of the Queen’s Sign Manual with the care of the persons and estates of lunatics, shall and may be had, exercised, and performed by the person or persons for the time being intrusted as aforesaid.
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Act to be construed as part of 13 & 14 Vict.c.60.
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12. This Act shall be read and construed according to the definitions and interpretations contained in the second section of the Trustee Act, 1850; and the provisions of the said last-mentioned Act (except so far as the same are altered by or inconsistent with this Act) shall extend and apply to the cases provided for by this Act, in the same way as if this Act had been incorporated with and had formed part of the said Trustee Act, 1850.
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[S. 13 rep. 55 & 56 Vict. c. 19. (S.L.R.)]
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[1 Short title, “The Trustee Act, 1852.” See 55 & 56 Vict. c. 10. This Act is rep. except so far as relates to the Court exercising jurisdiction in lunacy in Ireland, 56 & 57 Vict. c. 53. s. 51.] |
