Power to
authorise
remunera+ tion.
15 Geo. 5, c. 19, s. 42
Powers of new trustee
appointed by court. 15 Geo, 5,
c. 19, s. 43.
Vesting orders of land.
15 Geo. 5,
c. 19, s. 44.
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43. Where the court appoints a corporation, other than the Public Trustee in England, to be a trustee either solely or jointly with another person, the court may authorise the corporation to charge such re- muneration for its services as trustee as the court may think fit.
44. Every trustee appointed by a court of com- petent jurisdiction shall, as well before as after the trust property becomes by law, or by assurance, or otherwise, vested in him, have the same powers, au- thorities, and discretions, and may in all respects act as if he had been originally appointed a trustee by the instrument, if any, creating the trust.
Vesting Orders.
45. In any of the following cases, namely:-
(where the court appoints or has appointed a trustee, or where a trustee has been appoint- ed out of court under any statutory or ex- press power;
(ii) where a trustee entitled to or possessed of any land or interest therein, whether by way of mortgage or otherwise, or entitled to a contingent right therein, either solely or jointly with any other person—
(a) is under disability; or
(b) is out of the jurisdiction of the
court; or
(c) cannot be found, or, being a corpora-
tion, has been dissolved;
(iii) where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any interest in land;
(iv) where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead;
(v) where there is no personal representative of
a deceased trustee who was entitled to or
possessed of any interest in land, or where it
is uncertain who is the personal representa-
tive of a deceased trustee who was entitled to
or possessed of any interest in land;
(vi) where a trustee jointly or solely entitled to or possessed of any interest in land, or en- titled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or in- terest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land or interest or release the right for twenty-eight days after the date of the re- quirement;
(vii) where land or any interest therein is vested in a trustee whether by way of mortgage or otherwise, and it appears to the court to be expedient;
the court may make an order (in this Ordinance called a vesting order) vesting the land or interest therein in any such person in any such manner and for any such estate or interest as the court may direct, or releasing or disposing of the contingent right to such person as the court may direct:
Provided that-
(a) where the order is consequential on the ap- pointment of a trustee the land or interest therein shall be vested for such estate as the court may direct in the persons who on the appointment are the trustees; and
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(b) where the order relates to a trustee entitled or formerly entitled jointly with another per. son, and such trustee is under disability or out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved, the land, interest or right shall be vested in such other person who remains en- titled, either alone or with any other person the court may appoint.
unborn
46. Where any interest in land is subject to a con- Orders as tingent right in an unborn person or class of unborn to contingent persons who, on cotning into existence would, in rights of respect thereof, become entitled to or possessed of persons. that interest on any trust, the court may make an is Geo. 5, order releasing the land or interest therein from the c. 19, s. 45. contingent right, or may make an order vesting in any person the estate or interest to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.
47. Where any person entitled to or possessed of Vesting any interest in land, or entitled to a contingent right order in
in land, by way of security for money, is an infant, place of the court may make an order vesting or releasing or conveyance
by infant disposing of the interest in the land or the right in mortgagee like manner as in the case of a trustee under dis- 15 Geo. 5, ability.
c. 19, s. 46.
48. Where any court gives a judgment or makes Vesting an order directing the sale or mortgage of any land, order every person who is entitled to or possessed of any consequen-
tial on interest in the land, or entitled to a contingent right order for therein, and is a party to the action or proceeding in sale or which the judgment or order is given or made or is mortgage otherwise bound by the judgment or order, shall be of land. deemed to be so entitled or possessed, as the case c. 19, s. 47.
15 Geo. 5,
may be, as a trustee for the purposes of this Ordin- ance, and the court may, if it thinks expedient, make
an order vesting the land or any part thereof for such estate or interest as the court thinks fit in the pur- chaser or mortgagee or in any other person.
49. Where a judgment is given for the specific per- Vesting formance of a contract concerning any interest in land, order conse- or for sale or exchange of any interest in land, or quential on generally where any judgment is given for the con- for specific
judgment veyance of any interest in land either in cases arising performance out of the doctrine of election or otherwise, the court &c.
15 Geo. 5, may declare
c. 19, s. 48.
(a) that any of the parties to the action are trus- tees of any interest in the land or any part thereof within the meaning of this Ordinance;
or
(b) that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any deceased person who was during his life- time a party to the contract or transaction concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the mean- ing of this Ordinance;
and thereupon the court may make a vesting order relating to the rights of those persons, born and un- born, as if they had been trustees.
50. A vesting order under any of the foregoing Effect of provisions shall in the case of a vesting order vesting consequential on the appointment of a trustee, have order. the same effect-
15 Geo. 5, c. 19, s. 49.
(a) as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estale or interest as the court directs; or
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