1354
Jurisdiction of the Court, to give relief in case of breach of trust.
[59 & 60 Vict. c. 35 s. 3.]
Right of trustee to
No. 5 of 1901.
TRUSTEES.
(3) The application shall be served on, or the hearing thereof shall be attended by, all persons interested in such application, or such of them as the Court may think expedient.
(4) The trustee, executor, or administrator acting upon the opinion, advice, or direction given by the Court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, executor, or administrator in the subject-matter of the application: Provided, nevertheless, that this section shall not extend to indemnify any trustee, executor, or administrator in respect of any act done in accordance with such opinion, advice, or direction, if such trustee, executor, or administrator has been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice, or direction.
62. If it appears to the Court that a trustee is or may be personally liable for any breach of trust, whether the transaction alleged to be a breach of trust occurred before or after the commencement of this Ordinance, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the Court in the matter in which he committed such breach, then the Court may relieve the trustee, either wholly or partly, from personal liability for the same.
63.—(1) In any action or other proceeding against a trustee or person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is to recover trust property, or the proceeds thereof, still retained by the trustee or previously received by the trustee and converted to his use, the following provisions shall apply:
[51 & 52 Vict. c. 59 ss. 1, 8.]
See No. 2 of 1901 s. 5.
(a) all rights and privileges conferred by any statute of limitations shall be enjoyed in the like manner and to the like extent as they would have been enjoyed in such action or other proceeding if the trustee or person claiming through him had not been a trustee or person claiming through him; and
(b) if the action or other proceeding is brought to recover money or other property, and is one to which no existing statute of limitations applies, the trustee or person claiming through him shall be entitled to the benefit of and be at liberty to plead the lapse of time as a bar to such action or other proceeding in the like manner and to the like extent as if the claim had been against him in an action of debt for money had and received, but so, nevertheless, that the
1354
Jurisdiction of the Court, to give relief in case of breach of trust.
[59 & 60 Vict. c. 35 s. 3.]
Right of trustee to
No. 5 of 1901.
TRUSTEES.
(3) The application shall be served on, or the hearing thereof shall be attended by, all persons interested in such application, or such of them as the Court may think expedient.
(4) The trustee, executor, or administrator acting upon the opinion, advice, or direction given by the Court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, executor, or administrator in the subject-matter of the application: Provided, nevertheless, that this section shall not extend to indemnify any trustee, executor, or administrator in respect of any act done in accordance with such opinion, advice, or direction, if such trustee, executor, or administrator has been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice, or direction.
62. If it appears to the Court that a trustee is or may be per- sonally liable for any breach of trust, whether the transaction alleged to be a breach of trust occurred before or after the commencement of this Ordinance, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the Court in the matter in which he committed such breach, then the Court may relieve the trustee, either wholly or partly, from personal liability for the same.
63.—(1) In any action or other proceeding against a trustee or plead statute any person claiming through him, except where the claim is found- of limitations. ed upon any fraud or fraudulent breach of trust to which the trustee [51 & 52 Vict.
was party or privy, or is to recover trust property, or the proceeds thereof, still retained by the trustee or previously received by the trustee and converted to his use, the following provisions shall apply:
c. 59 ss. 1, 8.]
See No. 2 of 1901 s. 5.
(a) all rights and privileges conferred by any statute of limitations shall be enjoyed in the like manner and to the like extent as they would have been enjoyed in such action or other proceeding if the trustee or person claiming through him had not been a trustee or person claiming through him; and
(b) if the action or other proceeding is brought to recover money or other property, and is one to which no existing statute of limita- tions applies, the trustee or person claiming through him shall be entitled to the benefit of and be at liberty to plead the lapse of time as a bar to such action or other proceeding in the like manner and to the like extent as if the claim had been against him in an action of debt for money had and received, but so, nevertheless, that the
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