1912_TRUSTEE_ORDINANCE__1901 — Page 22

TRUSTEES.

No. 5 of 1901.

1347

(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 28 days after the date of the requirement, the Court may make an order (in this Ordinance called a "vesting order '') vesting the land in and for any such estate as the Court may direct, or releasing or disposing of the contingent right to such persons as the Court may direct:

Provided that-

any such person, in any such manner,

(a) where the order is consequential on the appointment of a new trustee, the land shall be vested for such estate as the Court may direct in the persons who, on the appointment, are the trustees; and

(b) where the order relates to a trustee entitled jointly with another person, and such trustee is out of the jurisdiction of the Court or cannot be found, the land or right shall be vested in such other person, either alone or with some other person.

44. When any land is subject to a contingent right in an unborn Order as to person or class of unborn persons who, on coming into existence, contingent would, in respect thereof, become entitled to or possessed of the unborn right of land on any trust, the Court may make an order releasing the land person. from the contingent right, or may make an order vesting in any c. 53 s. 27.]

[56 & 57 Vict.

person the estate to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.

45. Where any person entitled to or possessed of land, or entitled Vesting order to a contingent right in "land, by way of security for money, is an

in place of conveyance