212728-1934-Supplementary-Draft-Bills--Exchanges-Trustee-Defence-Contribution-Amendment-Births-and-Deaths-Registration — Page 5

Government Gazette 政府憲報 轅門報 All

460

(g) "Mortgage" and "mortgagee" include and relate to every estate and interest regarded in equity as merely a security for money, and every person deriv- ing title under the original mortgagee.

(h) "Pay" and "payment" as applied in relation to stocks and securities and in connexion with the ex- pression "into court" include the deposit or transfer of the same in or into court.

(i) "Personal representative" means the executor, original or by representation, or administrator for the time being of a deceased person.

(j) "Person of unsound mind" means any person, not a minor, who not having been found to be a lunatic is incapable from infirmity of mind of manag- ing his own affairs.

(k) "Possession" includes receipt of rents and pro- fits or the right to receive the same, if any; and "possessed" applies to receipt of income of and to any vested estate less than a life interest in possession or in expectancy in any land. "Income includes rents and profits.

() "Property" includes movable and immovable property, and any estate, share and interest in any property, movable or immovable, and any debt, and any thing in action, and any other right or interest. whether in possession or not.

(m) "Rights" include estates and interests.

(n) "Sale" includes an exchange.

(o) "Securities" include stocks, funds and shares, and so far as relates to payments into court has the same meaning as in the enactments relating to funds in court; and securities payable to hearer" includes securities transferable by delivery or by delivery and endorsement.

(p) "Stock" includes fully paid up shares, and, so far as relates to vesting orders made by the court under this Ordinance, includes any fund, annuity, or security transferable in books kept by any corporation, company or society, or by instrument or transfer either alone or accompanied by other formalities, and any share or interest therein.

(q) "Transfer", in relation to stock or securities, in- cludes the performance and execution of every deed, power of attorney, act, and thing on the part of the transferor to effect and complete the title in the trans- feree.

(r) "Trust" does not include the duties incident to an estate conveyed by way of mortgage, but with this exception the expression "trust" and "trustee" ex- tend to implied and constructive trusts, and to cases where the trustee has a beneficial interest in the trust property, and to the duties incident to the office of a personal representative, and "trustee" where the con- text admits includes a personal representative, and "new trustee" includes an additional trustee.

(8) "Trust corporation" means the Public Trustee in England or a corporation appointed by the court in any particular case to be a trustee (if authorised by its constitution to act as trustee) or any Trust Com- pany registered under Part VIII of this Ordinance.

(t) Trust for sale", in relation to land, means an immediate binding trust for sale, whether or not exer- cisable at the request or with the consent of any per son, and with or without power at discretion to post- pone the sale; and "trustees for sale" means the persons (including a personal representative) holding land on trust for sale.

(u) "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland.

Page 5Page 6

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.