AD 1901.]
TRUSTEES.
[No. 5.
849-
56 & 57 Vict.
legation that a trustee or the heir or personal representative or devisee evidence.
mortgagee is out of the jurisdiction of the Court or cannot be found, that it is uncertain which of several trustees or which of several devisees of a mortgagee was the survivor, or whether the last trustee or the or personal representative or last surviving devisee of a mortgagee living or dead, or on an allegation that any trustee or mortgagee has died intestate without an heir or has died and it is not known who is his heir or personal representative or devisee, the fact that the order has been made shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section shall not prevent the Court from directing a reconveyance or the payment of costs occasioned by any such order, if improperly obtained.
Giving Judgment in Absence of Trustee, etc.
67. Where in any action the Court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve him with a process of the Court, and that he cannot be found, the Court may hear and determine the action and give judgment therein against that person in his character of a trustee, as if he had been duly served or had entered an appearance in the action, and had also appeared by his counsel and solicitor at the hearing, but without prejudice to any interest which he may have in the matters in question in the action in any other character.
58(1) Where a trustee or other person is for the time being authorized to dispose of land by way of sale, exchange, or partition, the Court may sanction his so disposing of the land with an exception or reservation of any minerals, and with or without rights and powers of or incidental to the working, getting, or carrying away of the minerals, or so disposing of the minerals, with or without the said rights or powers, separately from the residue of the land.
(2) Any such trustee or other person, with the said sanction previously obtained, may, unless forbidden by the instrument creating the trust or direction, from time to time, without any further application to the Court, so dispose of any such land or minerals.
(3) Nothing in this section shall derogate from any power which a trustee may have under any other Ordinance.
7
:
Power to give judgment in absence of trustee.
Ib. s. 43.
Power to sanction sale of land or minerals separately.
Ib. s. 44 and 57 & 58 Vict, c. 10 s. 3.
59 (1.) Where a trustee commits a breach of trust at the instigation Power to 59 make or request or with the consent in writing of a beneficiary, the Court may, beneficiary thinks fit, and notwithstanding that the beneficiary may be a married woman entitled for her separate use and restrained from antici-pation, make such order as to the Court may seem just for impounding trustee for trust.
56A
*
breach of
AD 1901.]
TRUSTEES.
[No. 5.
849-
56 & 57 Vict.
legation that a trustee or the heir or personal representative or devisee evidence.
mortgagee is out of the jurisdiction of the Court or cannot be found, that it is uncertain which of several trustees or which of several de- isees of a mortgagee was the survivor, or whether the last trustee or the or personal representative or last surviving devisee of a mortgagee living or dead, or on an allegation that any trustee or mortgagee has died intestate without an heir or has died and it is not known who is his hair or personal representative or devisee, the fact that the order has been omade shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section hall not prevent the Court from directing a reconveyance or the pay- ment of costs occasioned by any such order, if improperly obtained.
Giving Judgment in Absence of Trustee, etc.
67. Where in any action the Court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve him with a process of the Court, and that he cannot be found, the Court may hear and determine the action and give judgment therein against that person in his character of a trustee, as if he had been duly served or had entered an appearance in the action, and had also appeared by his counsel and solicitor at the hearing, but without prejudice to any interest which he may have in the matters in question in the action in any other character.
58(1) Where a trustee or other person is for the time being authorized to dispose of land by way of sale, exchange, or partition, the Court may sanction his so disposing of the land with an exception or reservation of any minerals, and with or without rights and powers of or incidental to the working, getting, or carrying away of the minerals, or so disposing of the minerals, with or without the said rights or powers, separately from the residue of the land.
(2) Any such trustee or other person, with the said sanotion previously obtained, may, unless forbidden by the instrument creating the trust or direction, from time to time, without any further application to the Court, so dispose of any such land or minerals.
(3) Nothing in this section shall derogate from any power which a ustee may have under any other Ordinance.
7
:
Power to give judgment in absence of
trustee.
Ib. a. 43.
Power to sanction sale minerals
of land or
separately. Ib. a.
p. 44 and 57 & 58
Fist, c. 10
8. 3.
59 (1.) Where a trustee commits a breach of trust at the instigation Power to 59
make or request or with the consent in writing of a beneficiary, the Court may,
beneficiary thinks fit, and notwithstanding that the beneficiary may be a indemnify arried woman entitled for her separate use and restrained from anti- trustee for pation, make such order as to the Court may seem just for impounding trust.
56A
*
breach of
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