1912_CODE_OF_CIVIL_PROCEDURE — Page 150

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1281

for admini

635. On an application for administration or execution of trusts Orders on by a creditor or beneficiary under a will, intestacy, or deed of trust application where no accounts or insufficient accounts have been rendered, the stration, or Court in addition to any other powers vested in it,—

may,

execution of trust, where no sufficient

ed.

(1) order that the application shall stand over for a certain accounts have time, and that the executors or adininistrators or trustees shall been render- render to the applicant a proper statement of their accounts, with 0.55 r. 10A. an intimation that, if that is not done, they may be made to pay the costs of the proceedings; or,

(2) when necessary, to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order 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 inter- Interference fere with or control any power or discretion vested in any executor

with discre- tion of execu- or administrator or trustee, except so far as such interference or tor, etc. control may necessarily be involved in the particular relief sought.

ib. r. 12.

637. Any of the following applications under the Trustee Application Ordinance, 1901, may be made by summons :—

by summons under Trustee Ordinauce,

(1) for the appointment of a new trustee, with or without 1901. a vesting or other consequential order;

(2) for a vesting or other order consequential on the appointment of a new trustee ; and

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

Charitable Trusts.

[cf. No. 5 of 1901.] ib. 7. 13A.

*

for relief

638. (1) Where the appointment or removal of any trustee, or Application any other relief, order, or direction relating to any charity of which in Chambers the gross annual income for the time being exceeds 300 dollars, is relating to deemed desirable, it shall be lawful for any person mentioned in the next section to make application by summons (without any

* As amended by No. 1 of 1912.

† As amended by No. 50 of 1911.

annual in- come exceed. ing $300. [16 & 17 Vict.

c. 137 s. 28.]

+

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