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Li“. That any pcz-s ill or persons, entitled in manner aforesaid. to apply for :in order from the said Court of Chan- cery, or from the ("h-inmsllor. may. should he think fit. present a petition. in the first inst-nice. to the Court of Chancery or to the Chancean' for such order as he may deem himself entitled to, and may give evidence, by allidavit or

otherwise, in support ofsush petition before the said Court t

or the Chancellor,and may serve such person or person, with notice of such petition as he may deem entitled to service thereof.

LIV. That upon the hearing of any such motion or peti- tion, it shall be lawful for the said Court or for the Chain. "cellor, should it be deemed necessary, to direct a reference to one of the masters of the said Court to enquire into any facts which require such investigation; or it shall be lawful for the said Court or for the Chancellor, to direct such mo- tion or petition to stand over to enable the petitioner or

titioners to adducc evidence, or further evidence, before the said Court, or before the Chancellor, or to enable notice or any further notice of such motion or petition to be served upon any person or persons.

‘ LV. That upon the hearing of any such motion or peti- tion, whether any certificate or report from the master shall have been obtained or not. it shall be lawful for the Court or the Chancellor to dismiss such motion or petition, with or without costs, or to make an order thereupon in confor- mity with the provisions of this Act.

LVI. That whensoever in any cause or matter, either by the evidence adduced therein, or by the admissions of the parties, or by a report of one of the masters of the Court of Chancery, the facts necessary fo' an order under this Act shall appear to such Court to be sufficiently proved, it shall be lawful for the said Court, either upon the hearing of the said cause, or of the petition or motion in the said cause, or matter. to make such order under this Act.

LVlI. That whenever any order shall be made under this Act, either by the Chancellor or by the Court of Chancery, for the purpose of conveying or assigning any lands, or for the purpose of releasing or disposing of any contingent right, and such order shall be founded on an allegation of the per- sonal incapacity of a trustee or mortgagee, or on an allega- tion that a trustee or the heir or dcviscc of a mortgagee is out of the jurisdiction of the Court of Chancery, or cannot be than i, or that it is uncertain which of several trustees, or which of several divisees of a mortgagee, was the sur- vivor, or whcther the last trustee or the heir or last surviv- ing devisce of a mortgagee be living or dead, or on an alle- gation that any trustee or mortgagee has died intestate with- out ‘an heir, or has died and it is not known who is his heir 0r devisec, then in any ofsueh cases the fact that the Chan- eellor or tourt ofChanccry has made an order upon such an allegation shall be conclusive evidenCc of the matter so al~ leged in any Court of Law or l‘hiuity, up >n any question as to the legal validity of the order. l’rt‘ivi'led always. that nothing herein contained shall prevent the "ourt of Chan- cery directing a reconveyanre or reassignment of any lands conveyed or assigned by any order under this Act, or a re—

disposition of any contingent right conveyed or disposed of

by such order, and it shall be lawful i.tl' tir- said Court to direct any of the parties to any suit (--:-m-crnin;: such lands, or contingent right‘.to pay any costs 1)L‘4T:lSl(dl(‘!l by the order under this Act, when the same shall appear to have been improperly obtained.

LVlll. That it- shall be lawful for the Chancellor or the Court of Chancery-to exercise the power herein conferred. for the purpose of vesting any land», stock, or chose in action in the 'l‘rusteo or Trustees of any Charity or Sin-ltd v over which Charity or Society the said Court of Charmer"; would have jurisdiction upon suit duly instituted, \‘v'lil‘lll-‘ii' such 'l‘rnstco or 'J‘rustccs shall have been duly up- Pulntml by any person Contained in any deed or instrument, or by the Ilm'rW‘ of the said Court of Chancery, or by order made upon a pcliti m to the said Court. under any statute authorizing the said Court to make an order to that clfect. in a summary way, upon petition.

LIX. That no lands, stock. or chose n action, vested in any person upon any trust, or by way of Mortgage, or an profits thereof. shall csehcat or be forfeited to Her Majcst , flcr heirs or successors, or to any Corporation, Lord or Lady of at Manor , or other person, by reason of the attainder or conviction for any offence of such Trustee or Mortgagee, but shall remain in such Trustee or Mortgagee, or survivor to his or her co—trustce or deccnd, or vest in his or her re- presentative, as ifno such attainder or conviction had taken place.

LX. That nothing contained in this Act shall prevent the caeheat or forfeiture of any lands or personal estate vested in any such Trustee or Mortgagee, so far as relates to any beneficial interest therein, of any such Trustee or Mortga- gee, but such lands or personal estate, so far as relates to any such beneficial interest, shall be recoverable in the same manner as if this Act had not been passed.

LXI. That when any infant or person of unsound mind shall be entitled to any money payable in discharge of any lands, stock or chose, in action, conveyed, assigned, or transferred under this Act, it shall be lawful for the person by whom such money is payable, to pay the same into the Colonial Treasury, in such manner as shall or may be direc- ted by the said Court ofChancery,in trust, in any cause then depending, concerning’such money of, if there shall be no such cause. to the credit of such infant or person of un- sound mind, subject to the order or disposition of tie said Court; and it shall be lawful for the said Court, upon peti- tion, in a summary way, to order any money so paid, to be invested in the public funds, and to order payment or dis- tribution thereof or payment of" the dividends thereof, as to the said Court shall seem reasonable; and the Treasurer of the said Island, or his deputy, who shall receive any such money, is hereby required to give to the person paying the. same, a receipt for such money, and such receipt shall be an effectual discharge for the money therein respectively expressed to have been received.

LXII. That when. in any suit, commenced. or to be com- menced, in the Court ofChancery, it shall be made to ap- pear to the Court, by affidavit, that diligent search and in- quil‘y has been made after any pet's Hi, made a defendant, who is only a Trustee, to serve him with the pr cuss of the Court, and that he cannot be found. it shall be lawful for the said Court to hear and determine such muse, and to make such absolute decree therein, against every person who shall appear to them to be only a Trustee, and not otherwise eonccerncd or interested in the matter in question, in such and the same manner as if such Trustee had been duly served with the process ofthe Court, and had appeared and lllml hisanswer thereto, and had illh‘u appeared by his coun- scl and solicitor, at the hearing ofsueh cause. Provided al- ways. that no such decree shall bind, affect. or any wise prtjudice any person against whom the same shall be made, without service of process upon him, as alorcsnid, his heirs, exwmlorh‘, or :ulministratorS, for. or in respect of, any cs. talc, right, or interest, which such personshnll have, at the time of making such decree for his own sure and benefit, 01' otherwiw than as a 'l'rustee, as afhrcsaizl.

l..\'lll. 'l'hat when any person shall, under the provisi- ons of this Act. apply to one of Hm masters of the ( ourt of Cinnm-ry. in the first instance, and adduec evidence, for the purpose of obtaining the certificate ol such Master, as a fouinlation for an order of the said I bnnctdior, or the Court of (,‘banecry it shall be lawful for the said Master to order N‘E‘Vii't: of such application upon any person, or to dismiss >~‘~‘.tt:ll application, and to direct that the costs of any per- .villr', c HlFI‘llllfflit tE-creon, shall be paid by the person mak- in ;' the sanit- ; and all orders of the Master, under this Act, shall be cnlbrcml by the same process as orders ofthe Court, made in any suit against a party thereto.

f..\'l\'. That the Chancellor, and the Court of Chancery may order the costs and expenses of, and relating to, the petitions, orders, directions, conveyances, assignments, 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 or per-

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