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INFANTS' PROPERTY ACT 1830

INFANTS' PROPERTY ACT 1830 - LONG TITLE

An Act for consolidating and amending the Laws relating to Property
belonging to Infants, Femes Covert, Idiots, Lunatics, and Persons of
unsound Mind.{1}
[23rd July 1830]
Preamble rep. by SLR 1888 (No. 2)

S.1 rep. by SLR 1873

INFANTS' PROPERTY ACT 1830 - SECT 2
Rules for the interpretation of this Act.

2. And inasmuch as, in order to avoid unnecessary repetition,
certain words are used in this Act as describing subjects some of
which, according to their usual sense, such words would not embrace:
For the understanding of the sense attached to them in this Act,
be it further enacted, that the provisions of this Act shall extend
and be understood to extend to and include the several other
estates, persons, matters, and things herein-after mentioned; (that is
to say,) those relating to land, to any manor, messuage, tenement,
hereditament, or real property of whatsoever tenure, and to property
of every description transferable otherwise than in books kept by
any company or society, or any share thereof or charge thereon, or
estate or interest therein; those relating to stock, to any fund,
annuity, or security transferable in books kept by any company or
society, or to any money payable for the discharge or redemption
thereof, or any share or interest therein; those relating to
dividends, to interest or other annual produce; those relating to
the Bank of England, to ... any other company or society
established or to be established; those relating to a conveyance, to
any release, surrender, assignment, or other assurance, including all
acts, deeds, and things necessary for making and perfecting the
same; those relating to a transfer, to any assignment, payment, or
other disposition; ... unless there be something in the subject or
context repugnant to such construction; and whenever this Act, in
describing or referring to any person, or any land, stock,
conveyance, lease, recovery, matter, or thing, uses the word
importing the singular number or the masculine gender only, the same
shall be understood to include, and shall be applied to several
persons as well as one person, and females as well as males, and
bodies corporate as well as individuals, and several lands, stocks,
conveyances, leases, recoveries, matters, or things, as well as one
land, stock, conveyance, lease, recovery, matter, or thing
respectively, unless there be something in the subject or context
repugnant to such construction.

Ss.310 rep. by SLR (NI) 1954. S.11 rep. by SLR 1874

INFANTS' PROPERTY ACT 1830 - SECT 12
Guardians of minors, &c. in order to the surrender and renewal of
leases, may apply to the Court of Chancery, &c. and by order may
surrender such leases, and accept renewals of the same, &c.

12. In all cases where any person, being under the age of
[eighteen] years, ..., is or shall become entitled to any lease or
leases made or granted or to be made or granted for the life or
lives of one or more person or persons, or for any term of years,
either absolute or determinable upon the death of one or more
person or persons, or otherwise, it shall be lawful for such person
under the age of [eighteen] years, or for his or her guardian or
other person on his behalf ..., to apply to the Court of Chancery
in England, ..., by petition or motion in a summary way; and by
the order and direction of the said courts respectively such infant
..., or his guardian, or any person appointed in the place of such
infant ... by the said courts respectively, shall and may be
enabled from time to time, by deed or deeds, to surrender such
lease or leases, and accept and take, in the place and for the
benefit of such person under the age of [eighteen] years, ..., one
or more new lease or leases of the premises comprised in such
lease surrendered by virtue of this Act, for and during such number
of lives, or for such term or terms of years determinable upon
such number of lives, or for such term or terms of years absolute,
as was or were mentioned or contained in the lease or leases so
surrendered at the making thereof respectively, or otherwise as the
said courts shall respectively direct.

S.13 rep. by SLR 1873

INFANTS' PROPERTY ACT 1830 - SECT 14
Charges attending renewal to be charged on the estates as the court
shall direct.

14. Every sum of money and other consideration paid by any
guardian, trustee, ... or other person as a fine, premium, or
income, or in the nature of a fine, premium, or income, for the
renewal of any such lease, and all reasonable charges incident
thereto, shall be paid out of the estate or effects of the infant
... for whose benefit the lease shall be renewed, or shall be a
charge upon the leasehold premises, together with interest for the
same, as the said courts, ... shall direct and determine; ....

INFANTS' PROPERTY ACT 1830 - SECT 15
New leases shall be to the same uses as the leases surrendered.

15. Every lease to be renewed as aforesaid shall operate and be to
the same uses, and be liable to the same trusts, charges,
incumbrances, dispositions, devices, and conditions, as the lease to
be from time to time surrendered as aforesaid was or would have
been subject to in case such surrender had not been made.

S.16 rep. by SLR (NI) 1954

INFANTS' PROPERTY ACT 1830 - SECT 17
Court of Chancery may authorize leases to be made of lands
belonging to infants when it is for the benefit of the estate.

17. Where any person, being an infant under the age of [eighteen]
years, is or shall be seised or possessed of or entitled to any
land in fee or in tail, or to any leasehold land for an absolute
interest, and it shall appear to the Court of Chancery to be for
the benefit of such person that a lease or under-lease should be
made of such estates for terms of years, for encouraging the
erection of buildings thereon, or for repairing buildings actually
being thereon, or the working of mines, or otherwise improving the
same, or for farming or other purposes, it shall be lawful for
such infant or his guardian in the name of such infant, by the
direction of the Court of Chancery, to be signified by an order to
be made in a summary way upon the petition of such infant or his
guardian, to make such lease of the land of such persons
respectively, or any part thereof, according to his or her interest
therein respectively, and to the nature of the tenure of such
estates respectively for such term or terms of years, and subject
to such rents and covenants, as the said Court of Chancery shall
direct; but in no such case shall any fine or premium be taken,
and in every such case the best rent that can be obtained, regard
being had to the nature of the lease, shall be reserved upon such
lease; and the leases, and covenants and provisions therein, shall
be settled and approved of by a master of the said court, and a
counterpart of every such lease shall be executed by the lessee or
lessees therein to be named, and such counterparts shall be
deposited for safe custody in the master's office until such infants
shall attain [eighteen], but with liberty to proper parties to have
the use thereof, if required, in the meantime, for the purpose of
enforcing any of the covenants therein contained; provided that no
lease be made of the capital mansion house and the park and
grounds respectively held therewith for any period exceeding the
minority of any such infant.

INFANTS' PROPERTY ACT 1830 - SECT 18
If persons bound to renew are out of the jurisdiction of the
court, the renewals may be made by a person appointed by the Court
of Chancery, in the name of the person who ought to have renewed.

18. Where any person who, in pursuance of any covenant or agreement
in writing, might, if within the jurisdiction and amenable to the
process of the Court of Chancery, be compelled to execute any lease
by way of renewal, shall not be within the jurisdiction or not
amenable to the process of the said court, it shall be lawful to
and for the said Court of Chancery, by an order to be made upon
the petition of any person or any of the persons entitled to such
renewal, (whether such person be or be not under any disability,)
to direct such person as the said court shall think proper to
appoint for that purpose to accept a surrender of the subsisting
lease, and make and execute a new lease in the name of the person
who ought to have renewed the same; and such deed, executed by the
person to be appointed as aforesaid, shall be as valid as if the
person in whose name the same shall be made had executed the same,
and had been alive and not under any disability; but in every such
case it shall be in the discretion of the said Court of Chancery,
if under the circumstances it shall seem requisite, to direct a
bill to be filed to establish the right of the party seeking the
renewal, and not to make the order for such new lease unless by
the decree to be made in such cause, or until after such decree
shall have been made.

S.19 rep. by SLR 1873

INFANTS' PROPERTY ACT 1830 - SECT 20
Fines to be paid before renewals, and counterparts executed.

20. Provided always, that no renewed lease shall be executed by
virtue of this Act, in pursuance of any covenant or agreement,
unless the fine (if any), or such other sum or sums of money (if
any), as ought to be paid on such renewal, and such things (if
any) as ought to be performed in pursuance of such covenant or
agreement by the lessee or tenant, be first paid and performed; and
counterparts of every renewed lease to be executed by virtue of
this Act shall be duly executed by the lessee.

INFANTS' PROPERTY ACT 1830 - SECT 21
Fines, how to be applied.

21. All fines, premiums, and sums of money which shall be had,
received, or paid, for or on account of the renewal of any lease,
after a deduction of all necessary incidental charges and expences,
shall be paid, if such renewal shall be made by or in the name
of an infant, to his guardian, and be applied and disposed of for
the benefit of such infant, in such manner as the said court shall
direct; ...; if such renewal shall be made in the name of any
person out of jurisdiction or not amenable as aforesaid, to such
person or in such manner, or into the Court of Chancery to such
account, and to be applied and disposed of as the said court shall
direct; ....

S.22 rep. by SLR 1874. Ss.23, 24 and 25 (reciting and repealing
1714 (1 Geo.1 stat.2) c.10 s.9) rep. by SLR 1873

INFANTS' PROPERTY ACT 1830 - SECT 26
Agreements under recited Act may be made by guardians of infants
with the approbation of the court on petition.

26. The guardian of any infant, with the approbation of the Court
of Chancery, to be signified by an order to be made on the
petition of such guardian in a summary way, may enter into any
agreement for or on behalf of such infant which such guardian might
have entered into by virtue of the said last-recited Act, if the
same had not been repealed; ....

Ss.2730 rep. by SLR 1873

INFANTS' PROPERTY ACT 1830 - SECT 31
Surrenders, leases, &c. made under this Act deemed valid.

31. Every surrender and lease, agreement, conveyance, mortgage, or
other disposition respectively, granted and accepted, executed and
made, by virtue of this Act, shall be and be deemed as valid and
legal to all intents and purposes as if the person by whom, or in
whose place, or on whose behalf the same respectively shall be
granted or accepted, executed, and made, had been of full age, ...,
and had granted, accepted, made, and executed the same; ....

INFANTS' PROPERTY ACT 1830 - SECT 32
Court of Chancery may, on petition, order dividends of stock
belonging to infants to be applied for their maintenance.

32. It shall be lawful for the Court of Chancery, by an order to
be made on the petition of the guardian of any infant in whose
name any stock shall be standing, or any sum of money, by virtue
of any Act for paying off any stock, and who shall be beneficially
entitled thereto, or if there shall be no guardian, by an order to
be made in any cause depending in the said court, to direct all
or any part of the dividends due or to become due in respect of
such stocks, or any such sum of money, to be paid to any guardian
of such infant, or to any other person, according to the discretion
of such court, for the maintenance and education or otherwise for
the benefit of such infant, such guardian or other person to whom
such payment shall be directed to be made being named in the order
directing such payment; and the receipt of such guardian or other
person for such dividends or sum of money, or any part thereof,
shall be as effectual as if such infant had attained the age of
[eighteen] years, and had signed and given the same.

Ss.33, 34 rep. by SLR 1873

INFANTS' PROPERTY ACT 1830 - SECT 35
Costs may be directed to be paid.

35. The Court of Chancery, ..., may order the costs and expences
of and relating to the petitions, orders, directions, conveyances,
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 stock or
the rents or dividends in respect of which the same respectively
shall be made, in such manner as the said court ... shall think
proper.

INFANTS' PROPERTY ACT 1830 - SECT 36
Extent of powers given to the court of Chancery in England.

36. The powers and authorities given by this Act to the Court of
Chancery in England shall extend to all land and stock within any
of the dominions, plantations, and colonies belonging to His Majesty,
except Scotland.

S.37 rep. by SLR 1874

INFANTS' PROPERTY ACT 1830 - SECT 38
Powers given to courts in England may be exercised by High Court
of Justice in Northern Ireland.

38. The powers and authorities given by this Act to the courts of
Chancery and Exchequer in England shall and may be exercised in
like manner, and are hereby given, to the [High Court of Justice
in Northern Ireland], with respect to land and stock in Ireland.

S.39 rep. by SLR 1874. Ss.4042 rep. by SLR 1873. S.43 rep. by SLR
1874

INFANTS' PROPERTY ACT 1830 - SECT 44
Act to be an indemnity to the Bank of England and other companies.

44. This Act shall be and is hereby declared to be a full and
complete indemnity and discharge to the Bank of England, and all
other companies and societies, and their officers and servants, for
all acts and things done or permitted to be done pursuant thereto;
and such acts and things shall not be questioned or impeached in
any court of law or equity to their prejudice or detriment.






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URL: http://www.bailii.org/nie/legis/num_act/ipa1830222.txt