698155-1873-Relief-of-Trustees-Ordinance- — Page 6

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1873.

XXIV. Nothing in this Ordinance contained shall be deemed Extent of to empower any Trustees or other Persons to deal with or affect Powers hereby the Estates or Rights of any Persons soever, except to the Extent conferred. to which they might have dealt with or affected the Estates or . 145, s. 33.] [23 & 24 Vic., Rights of such Persons if the Deed, Will or other Instrument under which such Trustees or other Persons are empowered to act had contained express Powers for such Trustees or other Persons so to deal with or affect such Estates or Rights.

Application of Ordinance.

XXV. The Provisions of this Ordinance shall extend to Persons Provisions entitled or acting under a Deed, Will, Codicil, or other Instrument retrospective. executed as well before as after Passing thereof.

Passed the Legislative Council of Hongkong, this 9th Day of July, 1873.

L. D'ALMADA E CASTRO,

Clerk of Councils.

309

SCHEDULE.

RULES REFERRED TO IN SECTION IX.

1. Any Trustee desiring to pay Money to the Account of, or transfer or deposit Shares, Stock, or Securities into or in the Name of the Official Trustee under the Provisions of this Ordinance relating to the Summary Administration of Trust Funds, shall file an Affidavit, entitled in the Matter of the Ordinance and in the Matter of the Trust, and setting forth :-

(1.) His own Name and Address.

(2.) The Place where he is to be served with any Petition or any Notice of any Proceeding, or Order of the Court, or of the Judge in Chambers, relating to the Trust Fund.

(3) The Amount of Money, Stock, or Securities, which he proposes to pay

or transfer into or deposit in Court to the Credit of the Trust. (4.) A short Description of the Trust and of the Instrument creating it. (5.) The Names of the Persons interested in or entitied to the Fund, to the

best of the Knowledge and Belief of the Trustee.

(6.) The Submission of the Trustee to answer all such Inquiries relating to the Application of the Money, Stock, or Securities, paid in, trans- ferred, or deposited, under the Act, as the Court or a Judge in Chambers may think proper to make or direct.

Payment, Transfer, or Deposit.

2. The Official Trustee on Production of an Office Copy of the Affidavit, shall give the necessary Directions for Payment, Transfer, or Deposit, and place the Money, Stock, or Securities, to the Account of the particular Trust; ând shall grant a Certificate of such Payment, Tranfer, or Deposit.

Additional Statement in Affidavit, where Investment not desired.--

Investment by Registrar, where, no such Statement.

3. Where it is deemed unnecessary to have the Money or the Dividends or Interest of Shures, Stock, or Securities invested in the meantime, the Affidavit shall further contain a Statement to that Effect. But where the Affidavit contains no such Statement, the Official Trustee shall be at liberty to invest, as soon as conveniently may be, the Money paid into Court or the Dividends or Interest on Shares, Stock, or Securities transferred, and all Accumulations thereof in or upon such Investments and Securities as the Court shall direct or approve, and every such Investment shall be made in the Matter of the par- ticular Trust: Provided always, that where at any Time a Request in Writing. by or on behalf of any Party claiming to be entitled, that such Investment may be discontinued, is left with the Official Trustee, heliall be at liberty to cease making any further Investment in the Matter of the particular Trust until the Court shall have made some Order in that behalf.

Notice of Payment, Transfer, or Deposit.

4. The Trustee, having made the Payment, Transfer, or Deposit, shall forthwith give notice the cof to the several Persons named in his Affidavit as interested is or entitled to the Fund.

Application by Petition or Summons.

b. Such Persons, or any of them, or the Trustee, may apply by Petition, or, in Cases where the Trust Fund does not exceed $2,000 in value, by Summous, respecting the Investment, Payment out, or Distribution of the Fund, or of the Dividends or Interest thereof.

Notice to Trusice of Application by Cestuïque Trust.

6. The Trustee shall be served with Notice of any Application made to the Court or in Chambers, respecting the Fund or the Dividends or Interest thereof, by any Person interested therein or entitled thereto.

Notice to the Cestuique Trust of Application by the Trustee.

7. The Persons interested in or entitled to the Fund, shall be served with Notice of any Application made by the Trustee to the Court, or in Chambers, respecting the Fund in Court or the Interest or Dividends thereof.

Place for Service on Petitioners.

8. No Petition shall be set down to be heard, and no Summons shall be sealed, until the Petitioner or Applicant has first named in his Petition or Summons a Place where he may be served with any Petition or Summons or Notice of any Proceeding or Order of the Court relating to the Trust Fund.

Title of Petitions, Summons, and Affidavits, ›

Petitions presented, Summons issued, and Affidavits fled under the said Provisions, shall be catifled in the Matter of this Ordinance, and in the Matter of the particular Trust.