1352
No. 5 of 1901.
TRUSTEES.
Order made upon certain evidence.
[56 & 57 Vict. c. 53 s. 40.]
jurisdiction upon action duly instituted, whether the appointment of the trustee was made by instrument under a power or by the Court under its general or statutory jurisdiction.
56. Where a vesting order is made as to any land under this Ordinance, or under any Ordinance relating to lunacy, founded on an allegation of the personal incapacity of a trustee or mortgagee, or on an allegation that a trustee or the heir or personal representative or devisee of a mortgagee is out of the jurisdiction of the Court or cannot be found, or 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 heir or personal representative or last surviving devisee of a mortgagee is 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 so 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.
Power to give judgment in absence of trustee.
[ib. s. 43.]
Power to sanction sale of land or minerals separately [ib s. 44; [57 & 58 Vict c. 10 s. 3.]
Giving Judgment in Absence of Trustee, etc.
57. 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 authorised 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 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.
1352
No. 5 of 1901.
TRUSTEES.
Order made
upon certain
evidence.
[56 & 57 Vict.
c. 53 s. 40.]
jurisdiction upon action duly instituted, whether the appointment of the trustee was made by instrument under a power or by the Court under its general or statutory jurisdiction.
56. Where a vesting order is made as to any land under this Ordi- allegations to nance, or under any Ordinance relating to lunacy, founded on an be conclusive allegation of the personal incapacity of a trustee or mortgagee, or on an allegation that a trustee or the heir or personal representative or devisee of a mortgagee is out of the jurisdiction of the Court or cannot be found, or 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 heir or personal representative or last surviving devisee of a mortgagee is 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 so 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.
Power to give judgment in absence of trustee.
[ib. s. 43.]
Power to sanction sale
of land or minerals
separately [ib s. 44;
[57 & 58 Vict c. 10 s. 3.]
Giving Judgment in Absence of Trustee, etc.
57. 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 de- termine 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 authorised to dispose of land by way of sale, exchange, or partition, the Court may sanction his so disposing of the land with an excep- tion or reservation of any minerals, and with or without rights and of or incidental to the working, getting, or carrying away of powers the minerals, or so disposing of the minerals, with or without the said rights or powers, separately from the residue of the land.
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