Lunatics all such conveyances, deeds, transfers and things relative 51. In case of a charge or mortgage being made under this Act upon an interest in contingency, or in reversion, remainder or expectancy, for the expenses of the future maintenance of such lunatic, the Court or Judge may direct the same to be payable and paid, either contingently (if the interest charged be a contingent one) or upon the happening of the event (if the interest be depending upon an event which must happen) and either in a gross sum or in annual or other periodical sums, and at such times, in such manner, and either with or without interest, as shall be deemed expedient: and any charge already made which would have been valid if made after this Act shall be and is hereby declared to be valid. Modes in which future maintenance may charge when interest not in possession be charged on estates 52. When it appears to the Court or Judge to be for the lunatic's Expenses of imbenefit, such Court or Judge may order that the whole or any part of provements may any moneys expended or to be expended under any order for the permanent improvement, security or advantage of the land of the lunatic, or of any particular part thereof, shall with interest be a charge upon or be raisable out of the lunatic's estate and interest on the land, or such particular part thereof as aforesaid: but so that no right of sale or foreclosure during the lifetime of the lunatic be given or acquired, under or by virtue of the charge and the interest shall be kept down during the lunatic's lifetime out of the income of his general estate, as far as the same shall be sufficient to bear it and the committee may and shall, in the name and on behalf of the lunatic, execute and do all such conveyances and things for effectuating this present provision as the Court or a Judge shall order: and such charge may be made either to some person advancing the money, or (if the money is paid out of the lunatic's property) to some person as a trustee for him as part of his personal estate. 53. On any moneys being raised by sale, charge, or other disposition of land made in pursuance of any of the foregoing provisions, the person whose estate is sold, mortgaged, charged, or otherwise disposed of, and his heirs, next of kin, devisees, legatees, executors, administrators, and assigns, shall have such and the like interest in the surplus moneys remaining after the purposes for which the moneys have been answered, as he or they would have had in the estate if no sale, mortgage, or other disposition thereof had been made; and the surplus moneys shall be of the same character and nature as the estate sold, mortgaged, charged, or otherwise disposed of, and the Court or a Judge may make orders and direct such conveyances, deeds and things to be executed and done (which may and shall accordingly be executed and done) as may be necessary for the effecting this present provision and for the due application of the surplus moneys. 54. Where it is made to appear to the Court or a Judge that the net amount, or net estimated value, of the property of the lunatic does not exceed the sum of five hundred pounds sterling, and it appears, having regard to the situation and condition in life of the lunatic and his family, and the other circumstances of the case, to be Surplus of the moneys to be of as the estate the same nature Where property very small Court or Judge may apply same lunatic's maintenance without directly for grant Where lunacy temporary Court or Judge may apply cash arising from income for tem ance without grant, &c. Lunatics expedient that the amount or value of his property should be made 55. Where it appears to the Court or Judge upon a report of the Master of the said Court that there is reason to believe that the unsoundness of mind of any lunatic so found by inquisition is in its nature temporary and will probably be soon removed, and that it is porary mainten- expedient that temporary provision should be made for the maintenance of the lunatic or of the lunatic and the members of his immediate family who are dependent upon him for maintenance, and that any sum of money arising from or being in the nature of income, or of ready money belonging to the lunatic and standing to his account with a banker or agent, or being in the hands of any person for his use, is readily available and may be safely and properly applied in that behalf, the Court or Judge may allow thereout such amount as may be thought proper for the temporary maintenance of the lunatic or of the lunatic and the members of his immediate family who are dependent upon him for maintenance, and may, instead of proceeding to order a grant of the custody of the estates, order or give liberty for the payment of any such sums of money as aforesaid or any part thereof to such person as such Court or Judge may under the circumstances of the case think proper to entrust with the application thereof, and may direct the same to be paid to such person accordingly, and when received to be applied in or towards such temporary maintenance as aforesaid, and the receipts in writing of the person named in the order to whom payment is to be made for any moneys payable to him by virtue thereof shall effectually discharge the banker, agent or other person paying the same from the moneys therein respectively expressed to be received, and they respectively are hereby directed to act upon and obey every such order, and the person so receiving any moneys by virtue of this present provision shall pass an account before the Master of the said Court when required. Committee may convey land in performance of contracts 56. When a person having contracted to sell, mortgage, let, divide, exchange or otherwise dispose of any land, afterwards becomes lunatic, and the contract is not performed, and is such as the Court or a Judge thinks ought to have been performed, or a specific performance of the contract, either wholly or so far as the same remain to be performed, has been decreed or ordered by the Court in its Equitable Jurisdiction either before or after the lunacy, the committee of the estate may in the name and on behalf of the lunatic, under an order of the Court Lunatics or a Judge, on the application of the party claiming the benefit of the contract with the lunatic or any plaintiff in the suit, receive and give an effectual discharge for the money payable to the lunatic or so much thereof as remains unpaid, and make such conveyance of the land to such person and in such manner as the Court or a Judge may order. 57. Where a person being a member of a co-partnership firm becomes lunatic the Court or a Judge may by order, on the application of the partner or partners of the lunatic, or of such other person or persons as such Court or Judge shall think entitled to require the same, dissolve the partnership, and thereupon or upon a dissolution of the partnership by decree of the Court in Equity or otherwise by due course of law, the committee of the estate, in the name and on behalf of the lunatic, may join and concur with such person or persons in disposing of the partnership property, as well real as personal, to such person upon such terms and in such manner, and may and shall execute and do such conveyance and things for effectuating this present provision, and apply the moneys payable to the lunatic in respect of the share and interest in the co-partnership in such manner as the Court or a Judge may order. Court or Judge partnership and committee may convey partner may dissolve ship property Committee may tion, or exchange 58. Where a lunatic is seized of or entitled to an undivided share of land, and it appears to the Court or a Judge to be for his benefit make sale, partiand to be expedient that a sale of the land or a part thereof, or a partition of the land should be made, and where a lunatic is seized or entitled to land and it appears to the Court or a Judge to be for his benefit and to be expedient that an exchange thereof or of part thereof for other land should be made, the committee of the estate, in the name and on behalf of the lunatic, under an order from the Court or a Judge, may concur with such other person in making such sale or partition, or may make such exchange and receive such moneys payable on the sale and give or receive such moneys for equality of partition exchange or otherwise in relation thereto as the order may direct; and all moneys received by the committee of the estate upon such sale, partition or exchange as aforesaid shall be applied and disposed of in manner directed in Section 72 of this Act respecting the fines, premiums and sums of money therein mentioned; and the land taken in exchange shall be held and assured (as nearly as may be) to the same uses and upon the same trusts and subject to the same powers and provisoes (if any), to, upon and subject to which the Land given in exchange is held; and the committee of the estate may and shall in the name and on behalf of the lunatic execute and do all such conveyances and things for effectuating this present provision as the Court or a Judge shall order. it 59. Where a lunatic is seized or entitled to land in fee simple, and appears to the Court or a Judge to be for his benefit that the same or any part thereof be made available for building purposes, and that to that end the same should, in lieu of being demised for long terms of years, be absolutely sold, the Court or a Judge may order the same to be sold accordingly to such persons, in such quantities, upon such terms and in such manner as to the Court or Judge may seem expedient; and the moneys arising thereby shall be applied and disposed of in manner directed in Section 72 of this Act respecting the surplus Committee may surrender lease and accept renewal Charges of renewal to be charged on estates New leases to be Lunatics moneys therein mentioned; and the committee of the estate may and shall, in the name and on behalf of the lunatic, execute and do all such conveyances and things for effectuating this present provision as the Court or Judge shall order. 60. Where a lunatic is entitled to a lease for a life or lives or for a term of years, either absolute or terminable on a death or otherwise, the committee of the estate may in his name and on his behalf under an order of the Court or of a Judge by deed surrender the lease, and in the name and on behalf and for the benefit of the lunatic accept a new lease of the premises comprised in the lease surrendered for such number of lives or for such term of years, either absolute or determinable as aforesaid, as was mentioned or contained in the lease surrendered at the making thereof or otherwise as the Court or a Judge shall order. 61. Every sum of money and consideration paid by a committee or other person in the nature of or as fine, premium or income or renewal, and all reasonable charges incident thereto, may be paid out of the lunatic's estates or may be a charge upon the leasehold premises as the Court or a Judge shall order. 62. Every lease renewed shall operate and be to the same uses and to the same uses be liable to the same trusts, charges, incumbrances, dispositions, devises and conditions as the lease surrendered was subject to or would have been subject to if the surrender had not been made. Committee may assign business premises Committee may dispose of undesirable lease Committee may make agreement, 1 Geo. 1., c. 10 63. Where a lunatic has been engaged in a trade or business, and it appear to the Court or a Judge to be for the benefit of the lunatic or his estate that the business premises should be disposed of, the committee of the estate may in the name and on behalf of the lunatic, under order of the Court or a Judge, make such conveyance of the messuages, buildings or hereditaments of or belonging to the trade or business or used in connection therewith, according to the lunatic's estate or interest in the same, to such person, and shall apply the moneys arising thereby in such manner as the Court or a Judge shall order. 64. Where a lunatic is entitled to a lease for a life or lives or for a term of years, either absolute or determinable on a death or otherwise or to an under-lease of whatsoever nature, and it appears to the Court or a Judge to be desirable and for the benefit of the lunatic or his estate that the lease or under-lease should be disposed of, the committee of the estate may in the name and on behalf of the lunatic, under order of the Court or a Judge, surrender, assign or otherwise dispose of the lease or under-lease to such person for such valuable or nominal or other consideration, upon such terms, by such conveyances and in such manner, and shall apply the moneys (if any) arising thereby in such manner, as the Court or a Judge shall order. 65. The committee of the estate of a lunatic may, with the approbation of the Court or a Judge signified by order, on the application of the committee enter into any agreement for or on behalf of the lunatic which the guardian of an infant might have entered into for or on behalf of the infant by virtue of the Act passed in the Session of Parliament holden in the first year of the reign of King George the First, c. 10, if so much of that Act as related to agreements of guardians Lunatics for or on behalf of infants or idiots under their guardianship had not been repealed by the Act passed in the Session of Parliament holden in the first year of the reign of King William IV., c. 65, s. 25. 66. Where a lunatic is seized or entitled to land in fee or in tail, or to leasehold land for an absolute interest, and it appears to the Court or Judge to be for his benefit that a lease or under-lease should be made thereof for terms of years, for encouraging the erection of buildings thereon, or for repairing buildings actually being thereon, or otherwise improving the same, or for farming or other purposes, the committee of the estate may, in the name and on behalf of the lunatic, under order of the Court or a Judge, make such lease of the land or any part thereof, according to the lunatic's estate and interest therein, and the nature and tenure thereof, for such term or terms of years, and subject to such rents and covenants, as the Court or a Judge shall order. Committee may make building or other leases subject to such covenants Court or a Judge may order Committee may make leases of mines already 67. Where a lunatic is seized or possessed of, or entitled to land in fee or in tail, and it appear to the Court or a Judge to be for his benefit that any mine or quarry already opened in, upon or under the land opened should be worked, the committee of the estate may, in the name and on behalf of the lunatic, make such lease of the mines, quarries, minerals, stones and substances, in or upon or under the land, either with or without any land convenient to be held therewith, and with or without the surface, to such person, for such term or terms of years, and subject to such rates, royalties, reservations, covenants and agreements, and in such manner and form as the Court or a Judge shall order. when necessary expedient, make leases of mines unopened 68. Where a lunatic is seized or possessed or entitled to land in fee Committee may or tail, and it appears to the Court or a Judge either to be necessary for maintenance for the maintenance of the lunatic and the members of the immediate of lunatic or family for whom provision is directed to be made, or to be expedient in a due course of management, that any mine or quarry being in, upon or under the land, should be opened and worked, the committee of the estate may, in the name and on behalf of the lunatic, under order of the Court or a Judge, make such lease of the mines, quarries, minerals, stones and substances, in, upon or under the land, although not already opened or worked, and either with or without any land convenient to be held therewith, and with or without the surface, to such person, for such term or terms of years, and subject to such rents, royalties, reservations, covenants, and agreements, and in such manner and form, as the Court or a Judge shall order. 69. Where the Court or a Judge makes any such order, as in and by the last preceding section is authorised to be made, by reason of its appearing to him to be necessary for the maintenance of the lunatic and the members of his immediate family as aforesaid, that the mine or quarry should be opened or worked, then the moneys arising thereby shall be applied in or towards such maintenance as aforesaid, in such manner as the Court or a Judge shall direct; and in such case the surplus thereof, and in every other case all the moneys so arising, shall be carried to a separate account, and may be applied for or towards all or any of the purposes for which moneys are hereinbefore authorised to be raised by sale of the lunatic's estate, or in such other manner for the VOL. I. G G where necessary Produce of newly opened mines for lunatic's be so applied, otherwise to be separate account and be considered maintenance to carried to a real estate |