54
PART VIII
(U.K. County Court up to £500)
Notice of trusts.
8.209
Receipts an
behalf of joint holders and
infants.
8.210
Appointment of receiver. s.211
entry required to be made in the register, the Supreme
Court in its Original Jurisdiction, or where the sum
involved does not exceed five thousand dollars, the Supreme
Court in its Summary Jurisdiction may, on application by the
person aggrieved or by the Comcil, make an order for the
rectification of the register.
(3) On any proceedings under this section, the court
may decide any question relating to the title of any party
thereto to have his name entered in or omitted from the
register and generally any question which it may be necessary
or expedient to decide for the purpose of the rectification
of the register.
90. No notice of any trust, express, implied or
constructive, affecting a mortgage created by the Council
shall be entered in the register or be receivable by the
Council or by any officer of the Council.
91. (1) Where two or more persons are jointly entitled
to a mortgage created by the Council any one of these persons
may give an effectual receipt for any interest thereon,
unless notice in writing to the contrary has been given to
the Council by any other of those persons.
(2) The receipt of the guardian of an infant shall be
a sufficient discharge to the Council for any money payable to
the infant in respect of a mortgage created by the Council.
92. (1) If at any time any principal money or interest
due under a mortgage created by the Council remains unpaid
for a period of two months after demand in writing, the person
entitled thereto may, without prejudice to any other remedy,
apply to the Supreme Court in its Original Jurisdiction for
the appointment of a receiver, and the court may, if they
think fit, appoint a receiver on such terms and with such
powers as the court think fit:
Provided that no application shall be entertained unless
the sums due to the applicant, or in the case of a joint
(51)