(c) As to the effect of which, see Hill on Trustees, 275, et seq; and Coote on Mortgages, 3rd ed. 359, et seq; and Sug. 225.

(d) See sect. 1 for the extended meaning given throughout the Act to the expressions "lands," "seised," " possessed," " contingent right," "convey," "conveyance," "trust,"

" trustee," " lunatic," " person of unsound mind," " devisee," and " mortgagee."

(e) Sect. 21.

(f) Sects. 3 and 7.

(g) Sects. 4 and 8.

(h) Sects. 9 to 12.

(i) Sect. 13.

Or of any person seised of any lands upon any trust having died intestate as to such lands without an heir, or having died and its not being known who is his heir or devisee (l);

Or of lands being subject to a contingent right in an unborn person or class of persons, who, upon coming into existence would, in respect thereof, become seised or possessed of such lands upon any trust (m);

Or of a person jointly or solely seised or possessed of any lands upon any trust, or entitled to a contingent right in any lands upon any trust, being required, by a person entitled to a conveyance, assignment, or release of the same respectively, or his agent, to convey, release, or assign the same, but declining in writing so to do, or refusing or neglecting so to do, for the space of twenty-eight days next after a proper instrument of assurance shall have been tendered to him by any person entitled to require the same, or his agent (n); to make an order vesting such lands in such person or persons in such manner and for such estate, or releasing the lands subject to such contingent right therefrom, or disposing of the same, as the Court shall direct; and the order is in itself to operate as an assurance.

And where any mortgagee shall have died without having entered into the possession, or into the receipt of the rents and profits (o) of the mortgaged lands, and the money due in respect of the mortgage shall have been paid to a person entitled to receive the same, or such last-mentioned person shall consent to an order for the re-conveyance of such lands, the Court may make an order vesting such lands in such person or persons, in such manner, and for such estate as the Court shall direct, in case or of trustee dying without an heir; or of contingent right being claimable by unborn trustee; or of trustee refusing to convey, etc.; make a vesting or releasing order, which is to operate as an assurance.

And may, under certain circumstances, make a vesting order in respect of mortgaged lands in cases of

(k) Sect. 14.

(l Sect. 15.

(m) Sect. 16.

(n) Sects. 17 and 18.

(o) Sect. 19. These words will, it is conceived, materially affect the utility of the clause.

An heir or devisee of such mortgagee shall be out of the jurisdiction, or cannot be found; heir or devisee being out of jurisdiction or not to be found; or refusing to convey; or of survivor of several devisees being unknown; or of its being uncertain whether heir or surviving devisee be alive; or of no lienor devisee existing, or being known.

Or an heir or devisee of such mortgagee shall, upon a demand by a person entitled to require a conveyance of such lands, or his agent, have stated in writing that he will not convey the same, or shall not convey the same, for the space of twenty-eight days next after a proper deed for conveying such lands shall have been tendered to him by a person entitled as aforesaid, or his agent;

Or it shall be uncertain which of several devisees of such mortgagee was the survivor;

Or it shall be uncertain as to the survivor of several devisees of such mortgagee, or as to the heir of such mortgagee, whether he be living or dead;

Or such mortgagee shall have died intestate as to such lands, and without an heir, or shall have died, and it shall not be known who is his heir or devisee;

And the order is itself to have the effect of an assurance.

And the Court may, in every case, instead of making a vesting or releasing order, appoint a person to make a conveyance, assignment, release, or disposition of the lands or contingent interest; which, when duly made, is to have the effect of a vesting or releasing order (p).

As respects copyhold or customary lands, a vesting order, if made with the consent of the lord or lady of the manor, is sufficient to pass the lands without surrender or admittance; and where the Court appoints a person to convey such lands, such person may do all acts and execute all instruments for the purpose of completing the assurance (q), and which are to be effective accordingly.

Court may appoint a person to convey, etc, instead of making vesting order.

As to copyholds.

(p) Sect. 20.

And where any decree shall be made by any Court of Equity for the specific performance of a contract concerning any lands, or for the partition or exchange of any lands, or generally when any decree shall be made for the conveyance or assignment of any lands, either in cases arising out of the doctrine of election or otherwise, such Court may declare that any of the parties to the suit are trustees of such lands, or any part thereof, within the meaning of the Act; or may declare, concerning the interests of unborn persons who might claim under any party to such suit, or under the will or voluntary settlement of any person deceased who was during his lifetime a party to the contract or transactions concerning which such decree is made, that such interests of unborn persons are the interests of persons who upon coming into existence would be trustees within the meaning of the Act; and thereupon the estates, rights, and interests of such persons, born or unborn, may be dealt with by order under the Act (r).

And the Act enables parties either to go before the Master in the first instance, and upon obtaining his certificate of the material facts, and of his opinion that they are entitled to a specified order, to apply by motion for such order (s); or to proceed by petition in the same way as has been customary under the 1 Will. IV. c. 60 (t).

And the Act provides (u), that whenever an order shall be made for the purpose of conveying or assigning any lands, or of releasing or disposing of any contingent right,and shall be founded on an allegation of the personal incapacity of a trustee or mortgagee, or on an allegation that a trustee or the heir or devisee of a mortgagee is out of the jurisdiction, or cannot be found, or that it is uncertain which of several trustees or which of several devisees of a mortgagee was the survivor, or whether the last trustee or the heir or last surviving devisee of a mortgagee be living or dead, or on an allegation that any trustee or mortgagee has died intestate without an heir, or has died and it is not known who is his heir or devisee, then in any of such cases the fact of an order being made upon such an allegation shall be conclusive evidence of the matter so alleged, in any Court of Law or Equity upon any question as to the legal validity of the order; but this is not to prevent the Court from directing a re-conveyance, etc, if the order is shown to have been improperly obtained.

Court may declare what parties are trustees of lands comprised in any suit for specific performance, etc.; parties seeking orders may go at once before the Master, or proceed by petition.

Certain allegations made evidence of facts alleged, if order made thereon.

(q) Sect. 28.

(r) Sect. 30.

(s) Sects. 38 and 39: even in the case of Lunacy the reference is to a Master in Chancery. Headlam's Trustee Act, 1850, s. 38.

(t) Ibid. p. 51, n. (o); see ss. 40, 41, and 42 of Act.

(u) Sect. 44: these provisions as to evidence do not seem to apply to orders by the Palatinate Courts.

And a subsequent section (w) re-enacts the 3rd and 5th sections of 4 & 5 Will. IV. c. 23, preventing the escheat of property held upon trust or mortgage.

The words trust and trustee, as defined in the interpretation clause of the Act, would include the case of a vendor who had entered into a valid and subsisting contract for sale, or his representatives; but the 30th section (x) seems to show that it is not intended that a vendor's interests shall be dealt with under the Act unless there has been a decree for specific performance, or an express declaration of trust.