1112
No. 2 of 1901.
LAW AMENDMENT.
in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case, would be entitled to prove for and receive dividends out of the estate of any such deceased person may come in under the judgment or order for the administration of such estate, and make such claims against the same as they may respectively be entitled to by virtue of this Ordinance. [cf. No. 7 of 1891.]
Statute of limitations.
36 & 37 Vict. c. 66, s. 25 (2). [cf. No. 5 of 1901, s. 63.]
Equitable waste.
5. No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any statute of limitations.
6. An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate. 37 Vict, c. 66, s. 25 (3).
Merger.
7. There shall not be any merger by operation of law only of any estate, the beneficial interest in which would not be deemed to be merged or extinguished in equity. 36 & 37 Vict. c. 66, s. 25 (4).
Action for possession of immovable property by mortgagor.
8. A mortgagor entitled for the time being to the possession or receipt of the rents or profits of any immovable property, as to which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof has been given by the mortgagee, may sue for such possession, or for the recovery of such rents and profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person. 36 & 37 Vict. c. 66, s. 25 (5).
Assignment of debt or chose in action.
9. Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing has been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be and be deemed to have been effectual in law (subject to all equities which would have been entitled to priority) 36 & 37 Vict, c. 66, s. 25 (6).
1112
No. 2 of 1901.
LAW AMENDMENT.
in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case, would be entitled to prove for and receive dividends out of the estate of any such deceased person may come in under the judgment or order for the administration of such estate, and make such claims against the same as [ef. No. 7 of they may respectively be entitled to by virtue of this Ordi- 1891.]
Statute of limitations.
36 & 37 Vict. c. 66, s. 25 (2). [cf. No. 5 of 1901, s. 63.]
Equitable
waste.
nance.
5. No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any statute of limitations.
6. An estate for life without impeachment of waste shall 37 Vict, not confer or be deemed to have conferred upon the tenant c. 66,s. 25 (3). for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such
Merger.
36 & 37 Vict.
estate.
7. There shall not be any merger by operation of law only c. 66, s. 25 (4). of any estate, the beneficial interest in which would not be
deemed to be merged or extinguished in equity.
Action for possession of immovable
property by
mortgagor.
36 & 37 Vict. c. 66, s. 25 (5).
Assignment of debt or chose in action.
c. 66, s. 25 (6).
8. A mortgagor entitled for the time being to the posses- sion or receipt of the rents or profits of any immovable property, as to which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof has been given by the mortgagee, may sue for such possession, or for the recovery of such rents and profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease or other contract made. by him jointly with any other person.
9. Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express 36 & 37 Vict, notice in writing has been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be and be deemed to have been effectual in law (subject to all equities which would have been entitled to priority
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