|
|
In Cases of Lunacy, the Lord Chancellor or Lord Keeper or Lords Commissioners, or other Persons intrusted with Lunaties, or in Case of Treason or Felony, &c. the Court of Chancery to be the Protector.
|
XXXIII. Provided always, and be it further enacted, That if any Person, Protector of a Settlement, shall be Lunatic, Idiot, or of unsound Mind, and whether he shall have been found such by Inquisition or not, then the Lord High Chancellor of Great Britain, or the Lord Keeper or the Lords Commissioners for the Custody of the Great Seal of Great Britain, for the Time being, or other the Person or Persons for the Time being intrusted by the King’s Sign Manual with the Care and Commitment of the Custody of the Persons and Estates of Persons found Lunatic, Idiot, and of unsound Mind, shall be the Protector of such Settlement in lieu of the Person who shall he such Lunatic or Idiot or of unsound Mind as aforesaid: or if any Person, Protector of a Settlement, shall be convicted of Treason or Felony, or if any Person, not being the Owner of a prior Estate under a Settlement, shall be Protector of such Settlement, and shall be an Infant, or if it shall be uncertain whether such last-mentioned Person be living or dead, then His Majesty’s High Court of Chancery shall be the Protector of such Settlement in lieu of the Person who shall be an Infant, or whose Existence cannot be ascertained as aforesaid; or if any Settlor entailing Lands shall in the Settlement by which the Lands shall be entailed declare that the Person who as Owner of a prior Estate under such Settlement would be entitled to be Protector of the Settlement shall not be such Protector, and shall not appoint any Person to be Protector in his Stead, then the said Court of Chancery shall, as to the Lands in which such prior Estate shall be subsisting, be the Protector of the Settlement during the Continuance of such Estate; or if in any other Case where there shall be subsisting under a Settlement an Estate prior to an Estate Tail under the same Settlement, and such prior Estate shall be sufficient to qualify the Owner thereof to be Protector of the Settlement, and there shall happen at any Time to be no Protector of the Settlement as to the Lands in which the prior Estate shall be subsisting, the said Court of Chancery shall, while there shall be no such Protector, and the prior Estate shall be subsisting, be the Protector of the Settlement as to such Lands.
|
