Power to authorise
remunera- tion.
15 Geo. 5, c. 19, s. 42.
Powers of new trustee appointed by court. 15 Geo. 5, c. 19, s. 43.
Vesting orders of land.
15 Geo. 5, c. 19, s. 44.
480
43. Where the court appoints a corporation, other than the Public Trustee in England, to be a trustee either solely or jointly with another person, the court may authorise the corporation to charge such re- muneration for its services as trustee as the court may think fit.
44. Every trustee appointed by a court of com- petent jurisdiction shall, as well before as after the trust property becomes by law, or by assurance, or otherwise, vested in him, have the same powers, au- thorities, and discretions, and may in all respects act as if he had been originally appointed a trustee by the instrument, if any, creating the trust.
Vesting Orders.
45. In any of the following cases, namely :-
(i) where the court appoints or has appointed a trustee, or where a trustee has been appoint- ed out of court under any statutory or ex- press power;
(ii) where a trustee entitled to or possessed of any land or interest therein, whether by way of mortgage or otherwise, or entitled to a contingent right therein, either solely or jointly with any other person—
(a) is under disability; or
(b) is out of the jurisdiction of the
court; or
(c) cannot be found, or, being a corpora-
tion, has been dissolved;
(ii) where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any interest in land;
(iv) where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead; (v) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representa- tive of a deceased trustee who was entitled to or possessed of any interest in land;
(vi) where a trustee jointly or solely entitled to or possessed of any interest in land, or en- titled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or in- terest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land or interest or release the right for twenty-eight days after the date of the re- quirement;
(vii) where land or any interest therein is vested in a trustee whether by way of mortgage or otherwise, and it appears to the court to be expedient;
the court may make an order (in this Ordinance called a vesting order) vesting the land or interest therein in any such person in any such manner and for any such estate or interest as the court may direct, or releasing or disposing of the contingent right to such person as the court may direct:
Provided that-
(a) where the order is consequential on the ap. pointment of a trustee the land or interest therein shall be vested for such estate as the court may direct in the persons who on the appointment are the trustees; and
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