503
(q) Power is given to the court to authorise trustees to do acts which are ultra vires but are in the opinion of the court expedient (s. 56).
(r) Provisions are made for the appointment of a Judicial Trustee similar to the provisions of the Judicial Trustee Act, 59 and 60 Vict s. 35, (ss. 63, 64 and 65).
(s) S. 17 of the new Ordinance which reproduces s. 81 (1) & (2) of the Trustees Ordinance, 1901, does not appear in the Trustee Act, 1925 but is retained as it appears in the Straits Settlements Ordinance No. 14 of 1929.
(t) S. 61 of the Trustees Ordinance, 1901, which enabled Trustees to apply to the court for advice has been omitted. That section was founded on section 30 of the Law of Property Amendment Act, 1859, (Lord St. Leonard's Act) which was repealed by the Trustee Act, 1893. It is considered that the new Ordinance coupled with section 627 of the Code of Civil Procedure is sufficient.
(u) Part VIII of the new Ordinance permits the form- ation of Trust Companies and is taken from the provisions of Ordinance No. 31 of 1926 of the Straits Settlements.
3. Notwithstanding the inclusion in the new Ordiiance (s. 62) of a provision relating to payment into court by trustees and to the inclusion in Part VI (ss. 63, 64 and 65) of provisions relating to judicial trustees, it has been considered desirable to retain the provisions of Part I of the Trustees Ordinance, 1901. This is effected accordingly by the inclusion of that Part as Part VII of the new Ordinance.
4. A Table of correspondence between the clauses of the bill and the sections of the Trustees Ordinance, 1901, and the Trustee Act, 1925, is attached.
February, 1934.
C. G. ALABASTER,
Attorney General.