TRUSTEES.
No. 5 of 1901.
1349
on judgment performance, c. 53 s. 31.]
48. Where a judgment is given for the specific performance of a contract concerning any land, or for the partition, or sale in lieu of partition, or exchange of any land, or generally where any judgment for specific performance is 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 of 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.
49. A vesting order under any of the preceding provisions shall, in 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 appointment 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 person, 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.
Effect of vesting order. [ib. s. 32.]
50. In all cases where a vesting order can be made under any of the preceding provisions, the Court may, if it is more convenient, appoint a person to convey the land or release the contingent right, and a conveyance or release by that person in conformity with the order shall have the same effect as an order under the appropriate provision.
51.-(1) In any of the following cases, namely,--
Vesting order and chose in action. [ib. s. 35.]
(a) where the Court appoints or has appointed a new trustee; and
* As amended by No. 22 of 1912.
TRUSTEES.
No. 5 of 1901.
1349
on judgment
performance,
c. 53 s. 31.]
48. Where a judgment is given for the specific performance of a Vesting order contract concerning any land, or for the partition, or sale in lieu of consequential partition, or exchange of any land, or generally where any judgment for specific is given for the conveyance of any land either in cases arising out etc. of the doctrine of election or otherwise, the Court may declare that [56 & 57 Vict. 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 of 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 con- tract 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.
49. A vesting order under any of the preceding provisions shall, in 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 appointment 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 person, 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 re- late had been an ascertained and existing person of full capacity, and had executed a conveyance or release to the effect intended by the order.
Effect of vest- ing order. [ib. s. 32.]
50. In all cases where a vesting order can be made under any of Power to the preceding provisions, the Court may, if it is more convenient, person to
appoint appoint a person to convey the land or release the contingent right, convey. and a conveyance or release by that person in conformity with the
[ib. s. 33.] order shall have the same effect as an order under the appropriate provision.
51.-(1) In any of the following cases, namely,--
Vesting order
(a) where the Court appoints or has appointed a new trustee; and and chose in
as to stock
* As amended by No. 22 of 1912.
action. [ib. s. 35.]
*
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