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Vesting order as to land..
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56 & 57 Vict. c. 53 s. 26.
No. 5.] THE ORDINANCES OF HONGKONG [A.D. 1893
tion for or in addition to any existing trustee or trustees or although there is no existing trustee. In particular and without prejudice to the generality of the preceding provision, the Court may make an order for the appointment of a new trustee in substitution for a trustee who is convicted of felony or is a bankrupt.
(2.) An order under this section, and any consequential vesting order or conveyance, shall not operate further or otherwise as a discharge of any former or continuing trustee than an appointment of new trustee under any power for that purpose contained in any instrument would have operated.
(3.) Nothing in this section shall give power to appoint an executor or administrator.
43. In the following cases, namely,
(1.) where the Court appoints or has appointed a new trustee; and
(2.) where a trustee entitled to or possessed of any land, or entitled to a contingent right therein, either solely or jointly with any other person,-
(a.) is an infant; or
(b.) is out of the jurisdiction of the Court; or
(c.) cannot be found; and
(3.) where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any land;
and
(4.) where, as to the last trustee known to have been entitled to or possessed of any land, it is uncertain whether he is living or dead; and
(5.) where there is no heir or personal representative of a trustee who was entitled to or possessed of land and has died intestate as to that land, or where it is uncertain who is the heir or personal representative or devisee of a trustee who was entitled to or possessed of land and is dead; and
(6.) where a trustee jointly or solely entitled to or possessed of any land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or a release of the right, to convey the land or to release the right and has wilfully refused or neglected to convey the land or release the right for twenty-eight days after the date of the requirement;
the Court may make an order (in this Ordinance called a "vesting order") vesting the land in any such person, in any such manner, and for any such estate as the Court may direct, or releasing or disposing of a contingent right to such persons as the Court may direct:
Provided that-
(a.) where the order is consequential on the appointment of a new
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844
Vesting order as to land..
1/
56 & 57 Vict. c. 53 8. 26.
No. 5.] THE ORDINANCES OF HONGKONG [A.D. 100 tion for or in addition to any existing trustee or trustees or althou there is no existing trustee. In particular and without prejudica the generality of the preceding provision, the Court may make an ord for the appointment of a new trustee in substitution for a trustee who convicted of felony or is a bankrupt.
(2.) An order under this section, and any consequential vesting ord or conveyance, shall not operate further or otherwise as a discharge any former or continuing trustee than an appointment of new truster under any power for that purpose contained in any instrument won have operated.
(3.). Nothing in this section shall give power to appoint an executo or administrator.
43. In the following cases, namely,
.
(1.) where the Court appoints or has appointed a new trustee and (2.) where a trustee entitled to or possessed of any land, or entit
to a contingent right therein, either solely or jointly with an other
person,-
(a.) is an infant; or
(b.) is out of the jurisdiction of the Court; or
(c.) cannot be found; and
(3.) where it is uncertain who was the survivor of two or more trustees
jointly entitled to or possessed of any land;
land; and
(4.) where, as to the last trustee known to have been entitled to o possessed of any land, it is uncertain whether he is living or dead and
(5.) where there is no heir or personal representative of a trustee who was entitled to or possessed of land and has died intestate as to that land, or where it is uncertain who is the heir or personal representa tive or devisee of a trustee who was entitled to or possessed of land and is dead; and
(6.) where a trustee jointly or solely entitled to or possessed of any land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or a release of the right, to convey the land or to release the right and has wilfully refused or neglected to convey the land or release the right for twenty-eight days after the date of the requirement the Court may make an order (in this Ordinance called avesta order") vesting the land in any such person, in any such manner, and any such estate as the Court may direct, or releasing or disposing contingent right to such persons as the Court may direct:
Provided that-
(a.) where the order is consequential on the appointment of a ne
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