1272
No. 3 of 1901.
Application by summons under Trustees Ordinance, 1901. Ordinance No. 5 of 1901. O. 55, r. 13 A.
**
Application in chambers for relief relating to charity with annual income exceeding $300.
16 & 17 Vict. c. 137, s. 28.
*
Persons by whom application relating to charity may be made. 16 & 17 Vict. c. 137, s. 43.
CODE OF CIVIL PROCEDURE
637. Any of the following applications under the Trustees Ordinance, 1901, may be made by summons:-
(1) for the appointment of a new trustee, with or without a vesting or other consequential order;
(2) for a vesting or other order consequential on the appointment of a new trustee; and
(3) for 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 section 639 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 in 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 section 638 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 two or more inhabitants of any city, town, village, or place within which the charity is administered or applicable.
* As amended by Law Rev. Ord., 1924,