1964 Ed.]
Judicial Trustee Rules.
[CAP. 29
B 11
and distribution of the estate of a deceased person in the same manner and subject to the same provisions as in the case of an ordinary trust.
(2) Where an administrator has given an administration bond, he need not give security as a judicial trustee under these rules unless the court directs that he is to do so.
26. (1) An official of the court shall not be appointed or act as judicial trustee for any persons in their capacity as members or debenture holders of, or being in any other relation to, any incorporated or unincorporated company, or any club.
(2) Where the circumstances of any trust of which an official of the court is a judicial trustee, or of which it is proposed to appoint an official of the court to be a judicial trustee, involve the carrying on of any trade or business, special intimation of the fact shall be given to the court either by the judicial trustee or by the person making the application for the appointment of the judicial trustee, as the case may be, and the court shall specially consider the facts of the case with a view to determining whether the official of the court should continue or be appointed as judicial trustee, and whether any special condition should be made or directions given with a view to ensuring the proper supervision of the trade or business.
[Subsidiary]
Special trusts.
Exercise of the Powers of the Court,
27. For the purpose of these rules the officer of the court may exercise any power which may be exercised by the court (including the power of making an order for the appointment of a judicial trustee or making any vesting order) and may perform any duty to be performed by the court, and may hear and investigate any matter which may be heard or investigated by the court, subject in any case to the right of any party to bring any particular point before the judge.
28. (1) It shall not be necessary to take out a summons for any purpose under these rules, except in cases where a summons is required by these rules, or where the court directs a summons to be taken out.
(2) Where a judicial trustee desires to make any application or request to the court, or to communicate with the court as to the administration of his trust, he may do so by letter addressed to the officer of the court without any further formality.
(3) The court may give any direction to a judicial trustee with regard to the administration of his trust by letter signed by the officer of the court, and addressed to the trustee without drawing up any order or formal document.
Exercise of powers of court.
Communications between judicial trustee and court.