1731: 4 George 2 c.10: An act to enable Ideots and Lunatics, who are seised or possessed of Estates in Fee, or for Lives, or Terms of Years, in Trust, or by way of Mortgage, to make Conveyances, Surrenders or Assignments of such Estates.
[Refer to 17 Ed. 2. c. 9 & 10.]
‘WHEREAS many Inconveniences do and may arise, by Reason that Persons being Ideot, Lunatick, or Non compos mentis, having Estates in Lands, Tenements or Hereditaments, in Trust only for others, or by way of Mortgage, cannot (though by tile Direction of the C stuy que Trust, or Mortgagor) convey any sure Estate in any such Lands, Tenements or Hereditaments, to any other Person or Persons;’ For Remedy thereof, Be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,
[Ideots or Lunaticks seised of Estates in Trust, &c. may make Conveyances, &c. of such Estates.]
That from and after the twenty-fourth Day of June one thousand seven hundred and thirty-one, it shall and may be lawful, to and for any such Person or Persons, being Idiot, Lunatic or Non compos mentis, or for the Committee or Committees of such Person or Persons, in his, her or their Name or Names, by the Direction of the Lord Chancellor of Great Britain, or the Lord Keeper or Commissioners of the Great Seal of Great Britain for the Time being, signified by an Order made, upon hearing all Parties concerned, on the Petition of the Person or Persons, for whom such Person or Persons being Ideot, Lunatic or Non compos mentis, shall be eised or possessed in Trust, or of the Mortgagor or Mortgagors, or of the Person or Persons intitled to the Moneys secured by or upon any Lands, Tenements or Hereditaments, whereof any such Person or Persons being Ideot, Lunatic, or Non compos mentis, is or are or shall be seised or possessed by way of Mortgage, or of the Person or Persons entitled to the Redemption thereof, to convey and assure any such Lands, Tenements or Hereditaments, in such Manner as the Lord Chancellor of Great Britain, or Lord Keeper or Commissioners of the Great Seal of Great Britain, shall by such Order so to be obtained direct, to any other Person or Persons; and such Conveyance or Assurance, so to be had and made as aforesaid, shall be as good and effectual in Law, to all Intents and Purposes whatsoever, as if the said Person or Persons being Ideot, Lunatic or Non compos mentis, was or were, at the Time of the making such Conveyance or Assurance, of sane Mind, Memory and Understanding, and not Ideot, Lunatic or Non compos mentis, or had by him, her or themselves executed the same; any Law, Custom or Usage to the contrary in any wise notwithstanding.
[Ideots, &c. or their Committees, may be compelled by Order, to make Conveyances, &c.]
II. And be it further enacted by the Authority aforesaid, That all and every such Person and Persons being Idiot, Lunatic, or Non compos mentis, and only Trustee or Trustees, Mortgagee or Mortgagees as aforesaid, or the Committee or Committees of all and every such Person and Persons, being Idiot, Lunatic, or Non compos mentis, and only such Trustee or Mortgagee as aforesaid, shall and may be impowered and compelled, by such Order so as aforesaid to be obtained, to make such Conveyance or Conveyances, Assurance or Assurances as aforesaid, in like Manner as Trustees or Mortgagees of sane Memory are compellable to convey, surrender or assign their Trust Estates or Mortgages.
[See 15 Geo. 2. c. 30 for preventing the Marriage of Lunaticks.]