No. 234. 28 VICTORIA, Act had not been passed; and all orders made and acts matters and things done prior to the coming into operation of this Act under and in conformity with any Act heretofore in force in Victoria relating to trusts and trustees shall be and continue to be of the same force and have and continue to have the same validity as they would have had if this Act had not been passed.) Interpretation clause. 13 & 14 Vict. c. 60 s. 2. 3. In the construction of the first fifty-five sections of this Act The word "lands" shall extend to and include messuages tenements and hereditaments corporeal and incorporeal of every tenure or description whatever may be the estate or interest therein. The word "stock" shall mean any fund annuity or security transferable in books kept by any company or society established or to be established or transferable by deed alone or by deed accompanied by other formalities and any share or interest therein respectively. The word "seised" shall be applicable to any vested estate for life or of a greater description and shall extend to estates at law and in equity in possession or in futurity in any lands. The word "possessed" shall be applicable to any vested estate less than a life estate at law or in equity in possession or in expectancy in any lands. The words "contingent right" as applied to lands shall mean a contingent or executory interest a possibility coupled with an interest whether the object of the gift or limitation of such interest or possibility be or be not ascertained also a right of entry whether immediate or future and whether vested or contingent. The words "convey" and "conveyance" applied to any person shall mean the execution by such person of every necessary or suitable assurance for conveying or disposing to another lands whereof such person is seised or entitled to a contingent right either for the whole estate. of the person conveying or disposing or for any less estate, together with the performance of all formalities required by law to the validity of such conveyance including the acts to be performed by married women and any other party or parties in accordance with the provisions of Part Seventeen of the "Real Property Statute 1864," The words "assign" and "assignment" shall mean the execution and performance by a person of every necessary or suitable deed or act for assigning surrendering or otherwise transferring lands of which such person is possessed either for the whole estate of the person so possessed or for any less estate. The word "transfer" shall mean the execution and performance of every deed and act by which a person entitled to stock can transfer such stock from himself to another. (a) This section, so far as it relates to the subject matter of sections 82 to 96 of this Statute, is repealed by 35 Vict. No. 399 s. 3, ante, p. 567. The repeal effected by that Statute was intended obviously to apply to section 3 of this Act, and not to section 2. No. 234. The word "trust" shall not mean the duties incident to an 28 VICTORIA, The expression "person of unsound mind" shall mean any The word "devisee" shall in addition to its ordinary signifi- for money. And in the interpretation of sections 82 to 960) inclusive the 20 & 21 Vict. And the word "banker" shall include a director of any in- And the word "property" shall include every description of (a) This means that a mortgagee as such is not to be deemed a trustee when the word "trust" merely is used in the Act, and does not override section 31, which says expressly that every party to a cause, no matter what his position may be, shall be within the Act.-Williamson v. Courtney, 2 W. & W. (Eq.), 79. (b) See note to section 2, ante. 28 VICTORIA, No. 234. Supreme Court may convey trustees and mortgagees. Wherever the terms "Supreme Court" or court" are used in this Act unless the contrary is expressed they shall mean the Supreme Court of Victoria sitting in its equitable jurisdiction. 4. When any lunatic or person of unsound mind shall be estates of lunatic Seised or possessed of any lands upon any trust or by way of mortgage, it shall be lawful for the Supreme Court to make an order that such lands be vested in such person or persons in such manner and for such estate as the said court shall direct; and the order shall have the same effect as if the trustee or mortgagee had been sane and had duly executed a conveyance or assignment of the lands in the same manner for the same estate.") 13 & 14 Vict. c. 60 s. 3. May convey con- Supreme Court stock of lunatic Power to transfer person. Ib. s. 6. 5. When any lunatic or person of unsound mind shall be entitled to any contingent right in any lands upon any trust or by way of mortgage, it shall be lawful for the Supreme Court to make an order wholly releasing such lands from such contingent right or disposing of the same to such person or persons as the said court shall direct; and the order shall have the same effect as if the trustee or mortgagee had been sane and had duly executed a deed so releasing or disposing of the contingent right. 6. When any lunatic or person of unsound mind shall be solely entitled to any stock or to any chose in action upon any trust or by way of mortgage, it shall be lawful for the Supreme Court to make an order vesting in any person or persons the right 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; and when any person or persons shall be entitled jointly with any lunatic or person of unsound mind to any stock or chose in action upon any trust or by way of mortgage, it shall be lawful for the said court to make an order vesting the right 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 either in such person or persons so jointly entitled as aforesaid or in such last-mentioned person or persons together with any other person or persons the said court may appoint. 7. When any stock shall be standing in the name of any stock of deceased deceased person whose personal representative is a lunatic or person of unsound mind or when any chose in action shall be vested in any lunatic or person of unsound mind as the personal representative of a deceased person, it shall be lawful for the Supreme Court to make an order vesting the right 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 any person or persons the said court may appoint. Supreme Court may convey 8. Where any infant shall be seised or possessed of any lands estates of infant upon any trust or by way of mortgage, it shall be lawful for the Supreme Court to make an order vesting such lands in such person or persons in such manner and for such estate as the said court shall direct; and the order shall have the same effect as if the infant trustees and mortgagees. Ib. s. 7. (a) Where the trustee becomes insolvent the Supreme Court may order a conveyance or assign ment of the estate to a new trustee, 34 Vict. No. 379 s. 90, "Insolvency,” ante, p. 1055. No. 234. trustee or mortgagee had been twenty-one years of age and had duly 28 VICTORIA, executed a conveyance or assignment of the lands in the same manner for the same estate. and mortgagees. c. 60 s. 8. 9. Where any infant shall be entitled to any contingent right in Contingent rights any lands upon any trust or by way of mortgage, it shall be lawful of infant trustees for the Supreme Court to make an order wholly releasing such lands 18 & 14 Vict. from such contingent right or disposing of the same to such person or persons as the said court shall direct; and the order shall have the same effect as if the infant had been twenty-one years of age and had duly executed a deed so releasing or disposing of the contingent right. order for the ceipt of dividends of an infant 10. When any infant shall be solely entitled to any stock upon Supreme Court any trust, it shall be lawful for the Supreme Court to make an order may make an vesting in any person or persons the right to transfer such stock or transfer or reto receive the dividends or income thereof; and when any infant of stock in name shall be entitled jointly with any other person or persons to any trustee. stock upon any trust, it shall be lawful for the said court to make 15 & 16 Vict. an order vesting the right to transfer such stock or to receive the dividends or 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. c. 55 s. 3. may convey the jurisdiction of 11. When any person solely seised or possessed of lands upon supreme Court any trust shall be out of the jurisdiction of the Supreme Court or estate of a trus cannot be found, it shall be lawful for the said court to make an tee out of the order vesting such lands in such person or persons in such manner the court. and for such estate as the said court shall direct; and the order 13 & 14 Vict. shall have the same effect as if the trustee had duly executed a conveyance or assignment of the lands in the same manner and for the same estate. (a) c. 60 s. 9. order in cases lands jointly of jurisdiction of 12. When any person or persons shall be seised or possessed of Court may make any lands jointly with a person out of the jurisdiction of the Supreme where persons Court or who cannot be found, it shall be lawful for the said court to are seised of make an order vesting the lands in the person or persons so jointly with parties out seised or possessed or in such last-mentioned person or persons court &c. together with any other person or persons in such manner and for Ib. s. 10. such estate as the said court shall direct; and the order shall have the same effect as if the trustee out of the jurisdiction or who cannot be found had duly executed a conveyance or assignment of the lands in the same manner for the same estate.() Ib. s. 11. 13. When any person solely entitled to a contingent right in Contingent rights any lands upon any trust shall be out of the jurisdiction of the of trustees. Supreme Court or cannot be found, it shall be lawful for the said court to make an order wholly releasing such lands from such contingent right or disposing of the same to such person or persons as (a) The court will not make a vesting order, under this section, merely by way of getting over a difficulty arising from the loss of title deeds. In re Weston, 2 W. & W. (Eq.), 55. (b) A deed contained a provision for appointment of a new trustee in the event of any one of the trustees" refusing or declining to act, or going more than ten miles from Kyneton." On an application the court would not make a vest ing order without proof that the old trustee was not in one of the neighbouring colonies, and was not likely soon to return to this colony; but offered to refer it to the Master to report whether the new trustee had been properly appointed, and whether there were any, and what, difficulties in obtaining the execution of the conveyance of the trust property by the old trustee.-In re Lewis, 1 W. & W. (Eq.), 118. 28 VICTORIA, the said court shall direct; and the order shall have the same effect No. 234. as if the trustee had duly executed a conveyance so releasing or disposing of the contingent right. Court may make order where per out of jurisdiction of court to con tingent right in lands. 14. When any person jointly entitled with any other person or sons jointly en- persons to a contingent right in any lands upon any trust shall be titled with others out of the jurisdiction of the Supreme Court or cannot be found, it shall be lawful for the said court to make an order disposing of the contingent right of the person out of the jurisdiction or who cannot be found to the person or persons so jointly entitled as aforesaid or to such last-mentioned person or persons together with any other person or persons; and the order shall have the same effect as if the trustee out of the jurisdiction or who cannot be found had duly executed a conveyance so releasing or disposing of the contingent right. 13 & 14 Vict. c. 60 s. 12. When it is uncer tain which of several trustees Ib. s. 13. 15. Where there shall have been two or more persons jointly seised or possessed of any lands upon any trust and it shall be unwas the survivor. certain which of such trustees was the survivor, it shall be lawful for the Supreme Court to make an order vesting such lands in such person or persons in such manner and for such estate as the said court shall direct; and the order shall have the same effect as if the survivor of such trustees had duly executed a conveyance or assignment of the lands in the same manner for the same estate. When it is uncer- When trustee dies without an Contingent right Ib. s. 16. 16. Where any one or more person or persons shall have been seised or possessed of any lands upon any trust and it shall not be known as to the trustee last known to have been seised or possessed whether he be living or dead, it shall be lawful for the Supreme Court to make an order vesting such lands in such person or persons in such manner and for such estate as the said court shall direct; and the order shall have the same effect as if the last trustee had duly executed a conveyance or assignment of the lands in the same manner for the same estate. 17. When any person seised of any lands upon any trust shall have died intestate as to such lands without an heir or shall have died and it shall not be known who is his heir or devisee, it shall be lawful for the Supreme Court to make an order vesting such lands in such person or persons in such manner and for such estate as the said court shall direct; and the order shall have the same effect as if the heir or devisee of such trustee had duly executed a conveyance of the lands in the same manner for the same estate. 18. When any lands are subject to a contingent right in an of unborn trustee. unborn person or class of unborn persons who upon coming into existence would in respect thereof become seised or possessed of such lands upon any trust, it shall be lawful for the Supreme Court to make an order which shall wholly release and discharge such lands from such contingent right in such unborn person or class of unborn persons, or to make an order which shall vest in any person or persons the estate or estates which such unborn person or class of unborn persons would upon coming into existence be seised or possessed of in such lands. Power to make 19. In every case where any person is or shall be jointly or ing the estate on solely seised or possessed of any lands or entitled to a contingent an order for vest |