c. 55, s. 2. contingent right in such manner as the Court shall direct; and the 15 & 16 Vict. said order shall have the same effect as if the trustee had duly executed a conveyance or assignment of the lands, or a release of such right, in the same manner and for the same estate (e). (e) See sect. 23 of the Act of 1850, p. 73, ante, and notes. The refusing trustee Trustee need need not be served (Re Crowe, 13 Eq. 26). not be served. orders. Mortgagor of A vesting order was made under this section to defeat an attempt at extortion on Vesting the part of the trustee (Re O'Donnell, 19 W. R. 522); and see Knight v. Knight, 14 L. T. 161; W. N. (1866), 114; Re Grayson, W. N. (1879), 52; 27 W. R. 534. The section was acted on where a mortgagor of copyholds who had covenanted to surrender neglected to do so (Re Crowe, 13 Eq. 26). copy holds refusing to surrender. Power to make an order for the trans fer or receipt name of an III. That when any infant shall be solely entitled to any stock upon any trust, it shall be lawful for the Court of Chancery to make an order vesting in any person or persons the right to transfer such stock, or to receive the dividends or income thereof; and when any infant of dividends shall be entitled jointly with any other person or persons to any stock of stock in upon any trust, it shall be lawful for the said Court to make an order infant vesting the right to transfer such stock, or to receive the dividends or trustee. income thereof, either in the person or persons jointly entitled with the infant, or in him or them together with any other person or persons the said Court may appoint (ƒ). (f) This section was passed to meet the case of Cramer v. Cramer, 5 De G. & S. 312; 16 Jur. 831. For cases under the section, see Sanders v. Homer, 25 Beav. 467; 6 W. R. 476; Deroy v. Devoy, 3 Sm. & G. 403; 3 Jur. N. S. 79; Stone v. Stone, Jur. N. S. 708; Rires v. Rives, W. N. (1866), 144; Re Westwood, 6 N. R. 61, 316; and see Gardner v. Cowles, 3 Ch. D. 304; 24 W. R. 920, where the infant was the sole beneficial owner of the stock. In Re Morgan, Seton, 516, the right was vested in the infant's guardian. Where stock to which an infant was beneficially entitled had been invested in the joint names of himself and another person, the Court made an order under this section vesting the right to transfer the stock in the other person (Re Harwood, 20 Ch. D. 536). IV. That where any person shall neglect or refuse to transfer any stock (g), 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 Court of Chancery for that purpose shall have been served upon him (h) it shall be lawful for the Court of Chancery 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 (i). (g) See sect. 23 of the former Act, p. 73, ante. The order under this section may, it seems, be made on motion (Re Holbrook, 8 W. R. 3; 5 Jur. N. S. 1333; Skynner v. Pelichet, 9 W. R. 191). (h) The service should be personal, unless the order can be made under section 23 of the principal Act (Coles v. Benbow, W. N. (1873), 60). (1) An order may be made although the petition for the order which has not been complied with has not been served on the recalcitrant person (Re Mount, 24 L. T. 290). On neglect to transfer stock for 28 days, order may be made vesting right to transfer in such person shall appoint. as the Court Vesting order of stock. Order may be made on motion. V. When any stock shall be standing in the sole name of a deceased On like person, and his personal representative shall refuse or neglect to neglect by executor, 15 & 16 Vict. c. 55, s. 5. transfer such stock or receive the dividends or income thereof for the space of twenty-eight days next after an order of the Court of Chancery similar order for that purpose shall have been served upon him, it shall be lawful may be made. for the Court of Chancery 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. Bank of England and companies to comply with orders. (See ss. 20 and 26 of Trustee Act, 1850.) Indemnity to Bank and companies so obeying. Power to appoint new trustees in VI. 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, or by the Court of Chancery, 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 (k); 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 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. (2) This enactment was rendered necessary by Re Smyth, 4 De G. & Sm. 499, which decided that the former Act only gave the right to call for a transfer of the stock. VII. That 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, or by the Court of Chancery, 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, or the Court of Chancery had jurisdiction to make the same (kk). (kk) Notwithstanding this section the Bank is justified, where it considers an erroneous or defective order has been made, in requiring the point to be brought before the Court for reconsideration (Re Westwood, 6 N. R. 316; Frodsham v. Frodsham, 15 Ch. D. 317). Where, before the fund could be transferred into the names of new trustees appointed by the Court, one of them died, the order was amended by inserting the words "or the survivor of them" (Re Glanville, W. N. (1877), 248). VIII. That when any person is or shall be jointly or solely seised or possessed of any lands or entitled to any stock upon any trust, and lieu of persons such person has been or shall be convicted of felony, it shall be lawful convicted of for the Court of Chancery, upon proof of such conviction, to appoint felony. c. 55, s. 8. any person to be a trustee in the place of such convict, and to make 15 & 16 Vict. an order for vesting such lands, or the right to transfer such stock, and to receive the dividends or income thereof, in such person to be so appointed trustee; and such order shall have the same effect as to lands as if the convict trustee had been free from any disability, and had duly executed a conveyance or assignment of his estate and interest in the same (7). (1) See note (e), ante, p. 86, as to escheat of trust property. appoint new IX. That in all cases where it shall be expedient to appoint a new Power to the trustee, and it shall be found inexpedient, difficult or impracticable so to do without the assistance of the Court of Chancery, it shall be trustees lawful for the said Court to make an order appointing a new trustee or new trustees, whether there be any existing trustee or not at the time of making such order (m). (m) See notes to s. 32 of the Act of 1850, ante, p. 79. The Court sitting in lunacy has power under this section to appoint new trustees of the will of a deceased lunatic, where the trustees appointed by him have died in his lifetime, for the purpose of getting rid of the funds standing to the credit of the lunacy (Re Orde, 24 Ch. D. 271). where there is no existing trustee. order for X. In every case in which the Lord Chancellor, intrusted as afore- Chancellor said, has jurisdiction under this Act, or the Trustee Act, 1850, to may make order a conveyance or transfer of land or stock, or to make a vesting appointment order, it shall be lawful for him also to make an order appointing a of trustees, without it new trustee or new trustees in like manner as the Court of Chancery being necesmay do in like cases, without its being necessary that the order should sary that it be made in Chancery as well as in lunacy, or be passed and entered made in by the Registrar of the Court of Chancery (n). Chancery, &c. should be (n) See Re Waugh, 2 De G. M. & G. 279; and note (o) to the 3rd section of the Jurisdiction former Act, ante, p. 65. XI. That 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 (o). (0) See the Judicature Act, 1875, sect. 7, post. in lunacy. As to powers of persons intrusted with the care of lunatics. XII. That this Act shall be read and construed according to the Act to be definitions and interpretations contained in the second section of the construed as part of Trustee Act, 1850, and the provisions of the said last-mentioned Act Trustee Act, (except so far as the same are altered by or inconsistent with this Act) 1850. 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. 15 & 16 Vict. c. 55, s. 13. All orders made under Trustee Act, 1850, or this XIII. That every order to be made under the Trustee Act, 1850, or this Act, which shall have the effect of a conveyance or assignment of any lands, or a transfer of any such stock as can only be transferred by stamped deed, shall be chargeable with the like amount of stamp duty as it would have been chargeable with if it had been a deed executed by the person or persons seised or possessed of such lands or with the same entitled to such stock; and every such order shall be duly stamped for stamp duty as denoting the payment of the said duty (p). Act to be chargeable deeds of conveyance. (p) As to the stamp duties, see the Stamp Act, 1870; Hadgett v. Commissioners of Inland Revenue, 3 Ex. D. 46. No order will be passed by the registrar until it has been duly stamped as required by this section (Daniell, 2129). 16 & 17 Vict. c. 137. Jurisdiction in chambers, of charities does not exceed 301. to appoint or remove trustees or give other relief. CHARITABLE TRUSTS ACT, 1853. 16 & 17 VICT. CAP. 137, s. 28. An Act for the better Administration of Charitable Trusts. [20th Aug. 1853.] XXVIII. Where the appointment or removal of any trustee (a) or where income any other relief, order, or direction relating to any charity of which the gross annual income for the time being exceeds thirty pounds shall be considered desirable, and such appointment, removal, or other relief, order, or direction might now be made or given by the Court of Chancery, in respect either of its ordinary or its special or statutory jurisdiction, or by the Lord Chancellor intrusted with the care and commitment of the custody of lunatics, it shall be lawful for any person authorised in this behalf by the order or certificate of the said Board (b) or for the Attorney-General to make application (without any information, bill, or petition) to the Master of the Rolls, or one of the Vice-Chancellors (c) sitting at chambers, for such order, direction, or relief as the nature of the case may require; and the Master of the Rolls or the Vice-Chancellor (c) to whom any such application shall be made, shall and may proceed upon and dispose of such application in chambers, save where he may think fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders, and give such directions in relation to the matter of such application as might now be exercised, made, or given by the Court of Chancery, or by the Lord Chancellor, intrusted as aforesaid, in a suit regularly instituted, or upon petition as the case may require; and the Master of the Rolls and ViceChancellors (c) respectively shall, in relation to such applications as c. 137, s. 28. aforesaid, and the proceedings thereon (subject to any rules which 16 & 17 Vict. may be made by the Lord Chancellor, with the advice and consent of them or any two of them) have all such powers of directing matters to be heard in open Court, and of ordering what matters shall be heard and investigated by themselves and their chief clerks respectively, and such other powers and authorities as by the Act of the last session of Parliament, chapter eighty (d), are vested in or authorised to be exercised by them at chambers, and the provisions of the said Act applicable to orders made by the Master of the Rolls or any of the ViceChancellors (c) at chambers, shall extend to all orders so made under this Act Provided always, that save as may be otherwise provided by any new rules to be made by the Lord Chancellor, with such advice and consent as aforesaid, the determinations of the Master of the Rolls and Vice-Chancellors (c) respectively, upon and in relation to such applications as aforesaid, shall not be subject to appeal in any case where the gross annual income of the charity does not exceed one hundred pounds: Provided also, that it shall be lawful for the Master of the Rolls or any Vice-Chancellor (c), where, under the circumstances of any application as aforesaid, he may so see fit, to direct that for obtaining the relief, order, or direction sought for by such application, an information, bill or petition, as the case may require, shall be filed or presented and prosecuted as now by law required, and to abstain from further proceeding on such application (e). (a) The jurisdiction to appoint new trustees, on petition, under the Trustee Act, Trustee Act. is not taken away, though it is seldom exercised; see note (k), p. 79, ante. The district Courts of Bankruptcy and County Courts were given similar juris- Jurisdiction diction over charities with an income not exceeding 301. (s. 32); and now, by the of Bankruptcy Charitable Trusts Act, 1860 (23 & 24 Vict. c. 136, s. 11), over charities with an and County income up to 50%. Courts; By the Act of 1860, sect. 2, a concurrent jurisdiction over charities is given to of Charity the Charity Commissioners, as to charities with an income exceeding 501., on the Commisapplication of the majority of the trustees; and as to charities with a less income, sioners. on the application of the Attorney-General, the trustees, or any person interested in the charity, or inhabiting the place where it is situate, unless they think the case from some difficulty of law or fact, fitter for the adjudication of a Court. (b) I. e. the Charity Commissioners for England and Wales sitting as a Board (16 & 17 Vict. c. 137, s. 66). (c) The application is now made to a judge of the Chancery Division of the High Court (Judicature Act, 1873, ss. 34, 74). (d) The Act here referred to is the Master in Chancery Abolition Act, 1852, most of which is now repealed. (e) The application under the section is by summons in chambers (Ord. LV. r. 13, R. S. C. 1883, infra). As to appealing from an order, see Ord. LV. r. 14, infra; and as to fees and costs, see Ord. LXV. rr. 24, 25, infra. "The said Board." Application, to whom made. 15 & 16 Vict. c. 80. Proceedings. |