1901_CODE_OF_CIVIL_PROCEDURE — Page 128

AD 1901.1

CODE OF CIVIL PROCEDURE.

[No. 3.

779

for administration, with a proviso that no proceedings are to be taken under such judgment or order without the special leave of the Court. 636. The issue of a summons under section 627 shall not interfere Interference with or control any power or discretion vested in any executor or ad- ministrator or trustee, except so far as such interference or control may cutor, etc. necessarily be involved in the particular relief sought.

with discre- tion of exe-

0.55 r. 12.

637. Any of the following applications under the Trustee Ordinance, Application

by summons under Trus- 1901, may be made by summons :-

ance, 1901. No. 6. of 1901.

(1) an application for the appointment of a new trustee, with or tee Ordin-

without a vesting or other consequential order; (2.) an application for a vesting or other order consequential on the Ib. r. 13 ▲.

appointment of a new trustee; and

(3.) an application for a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance, or transfer of any land or stock or for the suing for or recovering any chose in action.

Charitable Trusts.

for relief re-

in Chambers lating to charity with annual in- come exceed- ing $300. 16 & 17 Vict..

638-(1.) Where the appointment or removal of any trustee, or Application any other relief, order, or direction relating to any charity of which the gross annual income for the time being exceeds three hundred dollars, is deemed desirable, it shall be lawful for any person mentioned in the next succeeding section to make application by summons (without any infor- mation, action, or petition) to the Court in Chambers for such relief, order, or direction as the nature of the case may require.

(2.) The Court may proceed upon and dispose of such application in Chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made, or given by the Court in an action regularly instituted, or upon petition, as the case may re- quire: Provided that it shall be lawful for the Court, where under the circumstances of any such application it may seem fit, to direct that, for obtaining the relief, order, or direction sought for by such application, an information, action, or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further pro- ceeding on such application.

639. An application under the last preceding section may be made the Attorney General, or by all or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or by any two or more

c. 137 s. 28.

Persons by

whom ap- plication re- lating to

charity may