AD 1901.1
CODE OF CIVIL PROCEDURE.
[No. 3.
779
for administration, with a proviso that no proceedings are to be taken under such judgment or order without the special leave of the Court.
636. The issue of a summons under section 627 shall not interfere with or control any power or discretion vested in any executor or administrator or trustee, except so far as such interference or control may necessarily be involved in the particular relief sought.
0.55 r. 12.
637. Any of the following applications under the Trustee Ordinance, 1901, may be made by summons:-
(1) an application for the appointment of a new trustee, with or without a vesting or other consequential order;
(2.) an application for a vesting or other order consequential on the appointment of a new trustee; and
(3.) an application for a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance, or transfer of any land or stock or for the suing for or recovering any chose in action.
Charitable Trusts.
638-(1.) Where the appointment or removal of any trustee, or any other relief, order, or direction relating to any charity of which the gross annual income for the time being exceeds three hundred dollars, is deemed desirable, it shall be lawful for any person mentioned in the next succeeding section to make application by summons (without any information, action, or petition) to the Court in Chambers for such relief, order, or direction as the nature of the case may require.
(2.) The Court may proceed upon and dispose of such application in Chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made, or given by the Court in an action regularly instituted, or upon petition, as the case may require: Provided that it shall be lawful for the Court, where under the circumstances of any such application it may seem fit, to direct that, for obtaining the relief, order, or direction sought for by such application, an information, action, or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further proceeding on such application.
639. An application under the last preceding section may be made by the Attorney General, or by all or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or by any two or more
c. 137 s. 28.
Persons by whom application relating to charity may