846
Vesting order
for sale or
mortgage of land.
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1901
died and it is uncertain who is his heir or personal representative or devisee.
given
47. Where the Court gives a judgment or makes an order directing consequential the sale or mortgage of any land, every person who is entitled or on judgment
possessed of the land or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee within the meaning of this Ordinance, and the Court may, if it thinks fit, make an order vesting the land or any part thereof for such estate as the Court thinks fit in the purchaser or mortgagee or in any other person.
56 & 57 Vict, c. 63 s. 30.
etc.
Ib. s. 31.
Vesting order - 48. Where a judgment is given for the specific performance of consequential contract concerning any land, or for the partition, or sale in lieu of par on judgment for specific tition, or exchange of any land, or generally where any judgment is performance,
given for the conveyance of any land either in cases arising out of the doctrine of election or otherwise, the Court may declare that any of the parties to the action are trustees of the land or any part thereof within the meaning of this Ordinance, or may declare that the interests unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any person deceased who was, during his lifetime, a party to the contract or transactions concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Ordinance, and thereupon the Court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.
Effect of
Ib. s. 32.
49. A vesting order under any of the preceding provisions shall, in vesting order. the case of a vesting order consequential on the appointment of a new
trustee, have the same effect as if the persons who before the appoint ment were the trustees, if any, had duly executed all proper conveyances of the land for such estate as the Court directs, or if there is no such per- son, or no such person of full capacity, then as if such person had existed and been of full capacity and had duly executed all proper conveyances of the land for such estate as the Court directs, and shall in every other case have the same effect as if the trustee or other person or description or class of persons to whose rights or supposed rights the said provisions respectively relate had been an ascertained and existing person of full capacity, and had executed a conveyance or release to the effect intended by the order.
Power to
with
50. In all cases where a vesting order can be made under any
of the appoint person preceding provisions, the Court may, if it is more convenient, appoint a
person to convey the land or release the contingent right, and a convey
to convey.
Ib. s. 33.
846
Vesting order
for sale or
mortgage of land.
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1901
died and it is uncertain who is his heir or personal representative or devisee.
given
47. Where the Court gives a judgment or makes an order directing consequential the sale or mortgage of any land, every person who is entitled or on judgment
possessed of the land or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee within the meaning of this Ordinance, and the Court may, if it thinks fit, make an order vesting the land or any part thereof for such estate as the Court thinks fit in the purchaser or mortgagee or in any other person.
56 & 57 Vict, c. 63 a. 30.
etc.
Ib. 8. 31.
ན.
:
Vesting order - 48. Where a judgment is given for the specific performance of consequential contract concerning any land, or for the partition, or sale in lieu of par on judgment for specific tition, or exchange of any land, or generally where any judgment is performance,
given for the conveyance of any land either in cases arising out of the doctrine of election or otherwise, the Court may declare that any of the parties to the action are trustees of the land or any part thereof within the meaning of this Ordinance, or may declare that the interests unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any person deceased who was, during his lifetime, a party to the contract or transactions concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Ordinance, and thereupon the Court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.
Effect of
Ib. s. 32.
49. A vesting order under any of the preceding provisions shall, in vesting order. the case of a vesting order consequential on the appointment of a new
trustee, have the same effect as if the persons who before the appoint ment were the trustees, if any, had duly executed all proper conveyances of the land for such estate as the Court directs, or if there is no such per- son, or no such person of full capacity, then as if such person had existed and been of full capacity and had duly executed all proper conveyances of the land for such estate as the Court directs, and shall in every other case have the same effect as if the trustee or other person or description or class of persons to whose rights or supposed rights the said provisions respectively relate had been an ascertained and existing person of full capacity, and had executed a conveyance or release to the effect intended by the order.
Power to
with
50. In all cases where a vesting order can be made under any
of the appoint person preceding provisions, the Court may, if it is more convenient, appoint a
person to convey the land or release the contingent right, and a convey
to convey.
Ib. 8. 33.
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