ROYAL G 
     
    
   
   
    
     4676 
     
    
   
   
    
     .\ 7. l‘I'l‘T E 
     
    
   
   
    
     W 
     
    
   
   
    
     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- 
     
    
   
   
    
     a