1348
.by infant
mortgagee.
[56 & 57 Vict. c. 53 s. 28.]
Vesting order in place of conveyance by heir, or devisee of
heir, etc., or personal representa-
tive of mort-
gagee.
[ib. s. 29.]
Vesting order consequential
for sale or
mortgage of land.
[ib. s. 30.]
*
No. 5 of 1901.
TRUSTEES.
infant, the Court may make an order vesting or releasing or dis-
posing of the land or right in like manner as in the case of an
infant trustee.
46. Where a mortgagee of land has died without having entered
into the possession or into the receipt of the rents and profits
thereof, and the money due in respect of the mortgage has been
paid to a person entitled to receive the same, or that last-mentioned
person consents to any order for the reconveyance of the land,
then the Court may make an order vesting the land in such person
or persons, in such manner, and for such estate as the Court may
direct in any of the following cases, namely,-
(1) where an heir or personal representative or devisee of the
mortgagee is out of the jurisdiction of the Court or cannot be
found;
(2) where an heir or personal representative or devisee of the
mortgagee, on demand made by or on behalf of a person entitled
to require a conveyance of the land, has stated in writing that he
will not convey the same or does not convey the same for the
space of 28 days next after a proper deed for conveying the land
has been tendered to him by or on behalf of the person so
entitled;
(3) where it is uncertain which of several devisees of the mort-
gagee was the survivor;
(4) where it is uncertain as to the survivor of several devisees
of the mortgagee, or as to the heir or personal representative of
the mortgagee, whether he is living or dead; and
(5) where there is no heir or personal representative of a mort-
gagee who has died intestate as to the land, or where the mortgagee
has died and it is uncertain who is his heir or personal representa-
tive or devisee.
47. Where the Court gives a judgment or makes an order direct-
ing the sale or mortgage of any land, every person who is entitled
to or 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 given 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.
* As amended by No. 43 of 1912 Supp. Sched.
1348
.by infant
mortgagee.
[56 & 57 Vict. c. 53 s. 28.]
Vesting order in place of conveyance by heir, or devisee of
heir, etc., or personal representa- tive of mort-
gagee.
[ib. s. 29.]
Vesting order consequential
for sale or
mortgage of land.
[ib. s. 30.]
*
No. 5 of 1901.
TRUSTEES.
infant, the Court may make an order vesting or releasing or dis- posing of the land or right in like manner as in the case of an infant trustee.
46. Where a mortgagee of land has died without having entered into the possession or into the receipt of the rents and profits thereof, and the money due in the respect of the mortgage has been paid to a person entitled to receive the same, or that last-mentioned person consents to any order for the reconveyance of the land, then the Court may make an order vesting the land in such person or persons, in such manner, and for such estate as the Court may direct in any of the following cases, namely,-
(1) where an heir or personal representative or devisee of the mortgagee is out of the jurisdiction of the Court or cannot be found;
(2) where an heir or personal representative or devisee of the mortgagee, on demand made by or on behalf of a person entitled to require a conveyance of the land, has stated in writing that he will not convey the same or does not convey the same for the space of 28 days next after a proper deed for conveying the land has been tendered to him by or on behalf of the person so entitled ;
(3) where it is uncertain which of several devisees of the mort- gagee was the survivor;
(4) where it is uncertain as to the survivor of several devisees of the mortgagee, or as to the heir or personal representative of the mortgagee, whether he is living or dead; and
(5) where there is no heir or personal representative of a mort- gagee who has died intestate as to the land, or where the mortgagee has died and it is uncertain who is his heir or personal representa- tive or devisee.
47. Where the Court gives a judgment or makes an order direct- on judgment ing the sale or mortgage of any land, every person who is entitled to or 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 given 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.
* As amended by No. 43 of 1912 Supp. Sched.
No comments yet.
Private notes are available after approval.