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Transfer of Real Property

include cases where the trustee has some beneficial estate or
interest in the subject of the trust, and shall extend to and
include the duties, incident to the office of personal represen-
tative of a deceased person.

The word “lunatic' shall mean any person who shall have
been found to be a lunatic upon a commission of inquiry in
the nature of a writ de lunatico inquirendo.

The expression ‘person of unsound mind' shall mean any person
not being an infant, who, not having been found to be a
lunatic, shall be incapable from infirmity of mind to manage
his own affairs.

The word ‘devisee' shall, in addition to its ordinary significa-
tion, mean the heir of a devisee and the devisee of an heir, and
generally any person claiming an interest in the lands of a
deceased person, not as heir of such deceased person, but by
a title dependent solely upon the operation of the laws concern-
ing devise and descent.

The word “mortgage’ shall be applicable to every estate, interest
or property in lands or personal estate, which would in a Court
of Equity be deemed merely a security for money.

3. When any infant or any lunatic or person of unsound mind shall be seized or possessed of any lands, or entitled to a contingent right therein, upon any trust or by way of mortgage, it shall be lawful for the Civil Court of the said Colony to make an order vesting such lands in such person or persons, in such manner, and for such estate, as the said Court shall direct, or releasing or disposing of such contingent right in such manner as the said Court shall direct; and such order shall have the same effect as if the trustee or mortgagee had been same and twenty-one years of age, and had duly executed a conveyance or assignment of the lands, or a release or other disposition of such contingent right, in the same manner for the same estate.

4. When any infant or any lunatic or person of unsound mind shall be solely entitled to any stock or to any chose in action upon any trust or by way of mortgage, it shall be lawful for the said Civil Court to make an order vesting in any person or persons the right to transfer such stock or to receive the dividends or income thereof, or to sue for and recover such chose in action, or any interest in respect thereof; and when any person or persons shall be entitled jointly with any infant or any lunatic or person of unsound mind, to any stock or chose in action upon any trust or by way of mortgage, it shall be lawful for the said Court to make an order vesting the right to transfer such stock, or to receive the dividends or income thereof, or to sue for and recover such chose in action, or any interest in respect thereof, either in such person or persons so jointly entitled as aforesaid or in such last-mentioned person or persons, together with any other person or persons the said Court may appoint.

5. When any stock is standing in the name of any deceased person, whose personal representative is a lunatic or person of unsound mind, or when any chose in action shall be vested in any lunatic or person of unsound mind as the personal representative of a deceased person,

Lunatic

Unsound mind

Devisee

Mortgage

Court may make vesting order for infant or lunatic

Do. for receiving interest

When the representative of deceased holder of stock is a lunatic Tf out of jurisdiction

If neglect or refuse twenty-eight days after order

When one or two jointly entitled persons cannot be found

When Sole trustee out of jurisdiction

Order of Civil
Court vesting

Transfer of Real Property

it shall be lawful for the said Civil Court to make an order vesting the right to transfer such stock, or to receive the dividends or income thereof, or to sue for, and recover such chose in action or any interest in respect thereof, in any person or persons the said Court may appoint.

6. When any stock shall be standing in the sole name of a deceased person, and his or her personal representative shall be out of the jurisdiction of the said Civil Court, or cannot be found, or it shall not be known whether such representative be living or dead, or such personal representative shall refuse or neglect to transfer such stock or to receive the dividends or income thereof for the space of twentyeight days next after an order of the said Civil Court for that purpose shall have been served upon him, it shall be lawful for the said Court to make an order vesting the right to transfer such stock or to receive the dividends or income thereof in any person or persons whom the said Court may appoint.

7. When any person shall neglect or refuse to transfer any stock or to receive the dividends or income thereof, or to sue for or recover any chose in action, or any interest in respect thereof, for the space of twenty-eight days next after an order of the said Civil Court for that purpose shall have been served upon him, it shall be lawful for the said Court to make an order vesting all the right of such person to transfer such stock or to receive the dividends or income thereof, or to sue for and recover such chose in action, or any interest in respect thereof, in such person or persons as the said Court may appoint.

8. When any person or persons shall be jointly entitled with any person out of the jurisdiction of the said Civil Court, or who cannot be found, or concerning whom it shall be uncertain whether he be living or dead, to any stock or chose in action upon any trust, it shall be lawful for the said Civil Court to make an order vesting the right to transfer such stock or to receive the dividends or income thereof, or to sue for and recover such chose in action or any interest in respect thereof, either in such person or persons so jointly entitled as aforesaid, or in such last-mentioned person or persons, together with any person or persons the said Court may appoint; and when any sole trustee of any stock or chose in action shall be out of the jurisdiction of the said Court or cannot be found, or it shall be uncertain whether he be dead or living, it shall be lawful for the said Court to make an order westing the right to transfer such stock or to receive the dividends or income thereof, or to sue for and recover such chose in action, or any interest in respect thereof, in any person or persons the said Court may appoint.

9. When any order, being or purporting to be under this Ordinance, shall be made by the said Civil Court 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 authorised 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 mames, or otherwise, to the extent or in conformity with the terms of the order ; and all companies and associations whatever, and all Transfer of Real Property

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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 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.

10. Every order being or purporting to be made under this Ordinance by the said Civil Court and duly recorded in the said Court, shall be a complete indemnity to all companies, associations and persons for any act done pursuant thereto, and it shall not be necessary for any company, association or person to inquire concerning the propriety of such order or whether the said Court had jurisdiction to make the Same.

11. It shall be lawful for the said Civil Court to make declarations and give directions concerning the manner in which the right to any stock or chose in action wested under the provisions of this Ordinance shall be exercised, and thereupon the person or persons in whom such right shall be vested shall be compellable to obey such declarations and directions by the same process as that by which other orders under this Ordinance may be enforced.

12. That where any order shall have been made under the provisions of this Ordinance vesting the legal right to sue for or recover any chose in action or any interest in respect thereof in any person or persons, such legal right shall vest accordingly, and thereupon it shall be lawful for the person or persons so appointed to carry on, commence and prosecute in his or their own name or names any action, suit or other proceeding at law or in equity for the recovery of such chose in action in the same manner in all respects as the person in whose place an appointment shall have been made could have sued for or recovered such chose in action.

13. When any person solely seized or possessed of any lands or entitled to a contingent right therein upon any trust, shall be out of the jurisdiction of the said Civil Court, or cannot be found, it shall be lawful for the said Court to make an order, vesting such lands in such person or persons, in such manner and for such estate as the said Court shall direct, or releasing or disposing of such contingent right in such manner as the said Court may direct; and the order shall have the same effect as if the trustee had duly executed a conveyance or assignment of the lands, or a release or disposition of such contingent right, in the same manner and for the same estate.

14. When any person or persons shall be seized or possessed of any lands, or entitled to a contingent right therein, jointly with a person out of the jurisdiction of the said Civil Court, or who cannot be found, it shall be lawful for the said Civil Court to make an order vesting the lands in the person or persons so jointly seized or possessed, or in such last-mentioned person or persons, together with any other person or persons, in such manner and for such estate as the said Court shall direct, or releasing or disposing of such contingent right in such manner as the said Court may direct; and the order shall have the same effect as if the trustee out of the jurisdiction, or who cannot be found, had duly executed a conveyance or assignment, or a release

And an indemnity

Persons in whose right vested, is compellable

And may sue

If out of jurisdiction, Court may dispose as effectually as if he had executed

Same if one of two jointly entitled, cannot be found

Doubtful which of two or more persons were the Survivors

Court's order to operate a conveyance

Same with intestate

When demand on trustee

If Court satisfied of wilful neglect, Court may act

Felony

Transfer of Real Property

or disposition of such contingent right of the lands, in the same manner and for the same estate.

15. Where there shall have been two or more persons jointly seized or possessed of any lands upon any trust, and it shall be uncertain which of such trustees was the survivor, it shall be lawful for the said Civil Court to make an order vesting such lands in such person or persons in such manner and for such estate as the said Court shall direct ; and the order shall have the same effect as if the survivor of such trustees had duly executed a conveyance or assignment of the lands in the same manner and for the same estate.

16. Where any one or more person or persons shall have been seized or possessed of any lands upon any trust, and it shall not be known, as to the trustee last known to have been seized or possessed, whether he be living or dead, it shall be lawful for the said Civil Court to make an order vesting such lands in such person or persons, in such manner and for such estate as the said Court shall direct; and the order shall have the same effect as if the last trustee had duly executed a conveyance or assignment of the lands in the same manner and for the same estate.

17. When any person seized of any lands upon any trust shall have died intestate as to such lands, without an heir, or shall have died, and it shall not be known who is his heir or devisee, it shall be lawful for the said Civil Court to make an order vesting such lands in such person or persons, in such manner and for such estate as the said Court shall direct; and the order shall have the same effect as if the heir or devisee of such trustee had duly executed a conveyance of the lands in the same manner for the same estate.

18. Where any person is or shall be jointly or solely seized or possessed of any lands or entitled to a contingent right therein, upon any trust, and a demand shall have been made upon such trustee by a person entitled to require a conveyance or assignment of such lands, or a duly authorised agent of such last-mentioned person, requiring such trustee to convey or assign the same, or to release such contingent right, it shall be lawful for the said Civil Court, if the said Court shall be satisfied that such trustee has wilfully refused or neglected to convey or assign the said lands for the space of twenty-eight days after such demand, to make an order vesting such lands in such person or persons, in such manner and for such estate as the said Court shall direct; or releasing such contingent right in such manner as the said Court shall direct; and the order shall have the same effect as if the trustee had duly executed a conveyance or assignment of the lands, or a release o such right in the same manner for the same estate.

19. When any person is or shall be jointly or solely seized o possessed of any lands, or entitled to any stock upon any trust, an such person has been or shall be convicted of felony, it shall be lawfu for the said Civil Court, upon proof of such conviction, to appoint an person to be a trustee in the place of such convict, and to make order for vesting such lands, or the right to transfer such stock and t receive the dividends and income thereof in such person to be s appointed trustee; and such order shall have the same effect as t lands as if the convict trustee had been free from any disability, an

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