NOV. 1773.
CHAP. 7. |
APPENDIX——CHANCERY LAWS.
assurance, of the full age of twenty-one years (a;) and the conveyance
or assurance, so to be had and made as aforesaid, in the case
of persons being idiot, lunatic, or non compos mentis, shall, in
like
manner, be as good and effectual as if the said person or persons
was or were, at the time of making such conveyance or assurance,
of sound mind, memory and understanding, and had by him, her
or themselves, executed the same; and all and every such infant or
infants, or persons being idiot, lunatic, or non compos mentis, being
trustee or trustees, mortgagee or mortgagees, or being seized or
possessed of lands, tenements or hereditaments, liable or subject
in any manner aforesaid, or the committee or committees of all
and every such persons, being idiot, lunatic, or non compos mentis,
shall and may be compelled, by such order as aforesaid, to make
such conveyance or conveyances, assurance or assurances, in like
manner as persons of full age and of sane memory are compellable
to make (b.)
(a) By October 1778, ch. 22, such
infants shall be bound by conveyances made
by guardians, in pursuance of the order and direction of the court of chancery,
and conveyances which had been so made are declared to be valid and effectual.
(b) By 1791, ch. 79, on application by any representative
of a person deceased,
who shall have contracted for the sale and conveyance of lands, &c.
and not performed
the same, and shall have devised or left them to descend to persons under
age, &c. if the said representatives are immediately interested in
having a specific
performance, the chancellor may decree the same as in other cases by this
act. |
| Proviso. |
2. PROVIDED ALWAYS, That no order or direction
as aforesaid
shall be made or given in virtue of this act, in the case of any infant
or infants seized or possessed of any lands, tenements or hereditaments,
charged with or subject to the payment of money or
tobacco, unless it shall appear, that the guardian or guardians of
such infant or infants hath or have consented thereunto, and also
that such infant or infants will not sustain any detriment, disadvantage
or inconvenience, from such order or direction; and also,
that upon every order or direction for conveyance to be made by
an infant or infants, for the specific performance and execution of
any such agreement as aforesaid, liberty shall be reserved for the
said infant or infants to shew cause, within six months after he,
she or they, shall have attained the full age of twenty-one years,
if such infant or infants shall attain such full age, and also for the
heirs of such infant or infants, if such infant or infants shall not
so long live, in six months after the decease of such infant or infants,
if the said heirs shall then be of full age, and if such heirs
shall not then be of full age, in six months after such heirs shall
have attained his, her or their full age, why such conveyance ought
not to have been ordered or directed, and on sufficient cause being
shewn as aforesaid, the infant or infants aforesaid, or his or their
heirs, shall be entitled to and have a reconveyance, by order or
decree of the said court, of the said lands, tenements or hereditaments,
by whomsoever claimed or possessed, by, from or under the
conveyance made by such infant or infants aforesaid, and also a
full account of the rents and profits thereof, of and from the person
who shall have received the same. |
Court, in certain
cases, may direct
a performance,
&c. |
3. AND BE IT FURTHER ENACTED, by the authority
aforesaid,
That if any suit, which shall be commenced in the court of chancery,
any defendant or defendants, against whom any subpœna or
other process shall issue, shall not cause his, her or their appearance |
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