212728-1934-Supplementary-Draft-Bills--Exchanges-Trustee-Defence-Contribution-Amendment-Births-and-Deaths-Registration — Page 29

Power of Court to authorise dealing with trust property. 15 Geo. 5. c. 19, s. 57.

Persons entitled to apply for orders.

15 Geo. 5. c. 19, s. 58.

Power to give judg. ment in

absence of a trustee. 15 Geo. 5, c. 19, s. 59.

484

(c) that it is uncertain which of two or more trustees, or which of two or more persons interested in a mortgage, was the survivor;

or

(d) that it is uncertain whether the last trustee or the personal representative of or other per- son deriving title under a trustee or mort- gagee, or the last surviving person interested in a mortgage is living or dead; or (e) that any trustee or mortgagee has died in- testate without leaving a person beneficially interested under the intestacy or has died and it is not known who is his personal represen- tative or the person interested;

the 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 does not prevent the court from directing a reconveyance or surrender or the payment of costs occasioned by any such order if improperly obtained.

Jurisdiction to make other Order,

56.-(1) Where in the management or administra- tion of any property vested in trustees, any sale, lease, mortgage, surrender, release, or other disposi- tion, or any purchase, investment, acquisition, ex- penditure, or other transaction, is in the opinion of the court expedient, but the same cannot be effected by reason of the absence of any power for that pur- pose vested in the trustees by the trust instrument, if any, or by law, the court may by order confer upon the trustees, either generally or in any particular in- stance, the necessary power for the purpose, on such terms, and subject to such provisions and conditions, if any, as the court may think fit and may direct in what manner any money authorised to be expended, and the costs of any transaction, are to be paid or borne as between capital and income.

(2) The court may, from time to time, rescind or vary any order under this section, or may make any new or further order.

(3) An application to the court under this section may be made by the trustees, or by any of them, or by any person beneficially interested under the trust.

57.-(1) An order under this Ordinance for the ap- pointment of a new trustee or concerning any interest in land, stock or thing in action subject to a trust, may be made on the application of any person bene- ficially interested in the land, stock, or thing in action, whether under disability or not, or on the application of any person duly appointed trustee thereof.

(2) An order under this Ordinance concerning any interest in land, stock, or thing in action subject to a mortgage may be made on the application of any per- son beneficially interested in the equity of redemption, whether under disability or not, or of any person in- terested in the money secured by the mortgage.

58. Where in any action the court is satisfied that diligent scarch 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 appear- ance in the action, and had also appeared by his solicitor at the hearing, but without prejudice to any interest he may have in the matters in question in the action in any other character.