485
trust estate.
59. The court may order the costs and expenses of Power to and incident to any application for an order appoint- charge ing a new trustee, or for a vesting order, or of and costs on incident to any such order, or any conveyance or 15 Geo. 5, transfer in pursuance thereof, to be raised and paid c. 19, s. 60. out of the property in respect whereof the same is Inade, or out of the income thereof, or to be borne and paid in such manner and by such persons as to the court may seem just.
trustee from
60. If it appears to the court that a trustee, whe- Power to ther appointed by the court or otherwise, is or may relieve be personally liable for any breach of trust, whether personal the transaction alleged to be a breach of trust occurred liability. cefore or after the commencement of this Ordin- 15 Geo. 5, ance, but has acted honestly and reasonably, and c. 19, s. 61, ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach, then the court may relieve him either wholly or partly from personal liability for the same.
61.-(1) Where a trustee commits a breach of trust Power to at the instigation or request or with the consent in make writing of a beneficiary, the court may, if it thinks beneficiary fit, and notwithstanding that the beneficiary may be a for breach indemnify married woman restrained from anticipation, make of trust. such order as to the court seems just, for impounding 15 Geo. 5, all or any part of the interest of the beneficiary in c. 19, s. 62. the trust estate by way of indemnity to the trustee or persons claiming through him.
(2) This section applies to breaches of trust com- mitted as well before as after the commencement of this Ordinance.
Payment into Court.
62. (1) Trustees, or the majority of trustees, hav- Payment ing in their hands or under their control money or into court securities belonging to a trust, may pay the same into 15 Geo. 5,
by trustees. court, and the same shall, subject to the rules of c. 19, s. 63. court, be dealt with according to the orders of the court.
(2) The receipt or certificate of the proper officer shall be a sufficient discharge to trustees for the money or securities so paid into court.
(3) Where money or securities is or are vested in any persons as trustees, and the majority are desirous of paying the same into court, but the concurrence of the other or others cannot be obtained, the court may order the payment into court to be made by the majority without the concurrence of the other or others.
(4) Where any such money or securities are de- posited with any banker, broker, or other depositary, the court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment into court.
(5) Every transfer, payment and delivery made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the money and securities so transferred, paid or delivered.
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