1348
Power to give judgment in absence of trustee.
c. 53, s. 43.
No. 5 of 1901.
TRUSTEES.
fact that the order has been so made shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section shall not prevent the court from directing a re-conveyance or the payment of costs occasioned by any such order, if improperly obtained.
Giving judgment in absence of trustee, etc.
57. Where in any action the court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve him with a process of the court, and that he cannot be found, the court may hear and determine the action and give judgment therein against that person in his character of a trustee, as if he had been duly served or had entered an appearance in the action, and had also appeared by his counsel and solicitor at the hearing, but without prejudice to any interest which he may have in the matters in question in the action in any other character.
Power to sanction sale of land or minerals separately.
58.-(1) Where a trustee or other person is for the time being authorised to dispose of land by way of sale, exchange, or partition, the court may sanction his so disposing of the land with an exception or reservation of any minerals, and with or without rights and powers of or incidental to the working, getting, or carrying away of the minerals, or so disposing of the minerals, with or without the said rights or powers, separately from the residue of the land.
c. 53, s. 44.
57. & 58 Vict. c. 10, s. 3.
Power to make beneficiary indemnify trustee for breach of trust.
(2) Any such trustee or other person, with the said sanction previously obtained, may, unless forbidden by the instrument creating the trust or direction, from time to time, without any further application to the court, so dispose of any such land or minerals,
(3) Nothing in this section shall derogate from any power which a trustee may have under any other Ordinance.
59.-(1) Where a trustee commits a breach of trust at the instigation or request or with the consent in writing of a beneficiary, the court may if it thinks fit, and notwithstanding that the beneficiary may be a married woman entitled for her separate use and restrained from anticipation, make such order as to the court may seem just for impounding all or any part of the interest of the beneficiary in the trust estate
c. 53, s. 45.