856
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Interference with discre-tion of executor, etc.
O. 55, r. 12.
Application by summons under Ordinance No. 18 of 1934.
Application in chambers for relief relating to charity with annual income exceeding $300.
c. 137, s. 28.
636. The issue of a summons under section 627 shall not interfere with or control any power or discretion vested in any executor or administrator or trustee, except so far as such interference or control may necessarily be involved in the particular relief sought.
637. Any of the following applications under the Trustee Ordinance, 1934, may be made by summons—
(1) for the appointment of a new trustee, with or without a vesting or other consequential order;
(2) for a vesting or other order consequential on the appointment of a new trustee; and
(3) for a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance or transfer of any land or stock or for the suing for or recovering any chose in action.
Charitable trusts.
638. (1) Where the appointment or removal of any trustee, or any other relief, order or direction relating to any charity of which the gross annual income for the time being exceeds three hundred dollars, is deemed desirable, it shall be lawful for any person mentioned in section 639 to make application by summons (without any information, action or petition) to the court in chambers for such relief, order or direction as the nature of the case may require.
(2) The court may proceed upon and dispose of such application in chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made or given by the court in an action regularly instituted, or upon petition, as the case may require: Provided that it shall be lawful for the court, where in the circumstances of any such application it may seem fit, to direct that, for obtaining the relief, order or direction sought for by such application, an information, action or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further proceeding on such application.
1
856
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Interference with discre- tion of executor,
etc.
0. 55, r. 12.
Application
by summons under Ordinance
No. 18 of 1934.
Application
in chambers for relief relating to charity with
annual in-
come exceed 1017 Vict. ing $300.
c. 137, s. 28.
636. The issue of a summons under section 627 shall not interfere with or control any power or discretion vested in any executor or administrator or trustee, except so far as such inter- ference or control may necessarily be involved in the particular relief sought.
637. Any of the following applications under the Trustee Ordinance, 1934, may be made by summons—
(1) for the appointment of a new trustee, with or without a vesting or other consequential order;
(2) for a vesting or other order consequential on the appoint- ment of a new trustee; and
(3) for a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance or transfer of any land or stock or for the suing for or recovering any chose in action.
Charitable trusts.
638. (1) Where the appointment or removal of any trustee, or any other relief, order or direction relating to any charity of which the gross annual income for the time being exceeds three hundred dollars, is deemed desirable, it shall be lawful for any person mentioned in section 639 to make application by summons (without any information, action or petition) to the court in chambers for such relief, order or direction as the nature of the case may require.
(2) The court may proceed upon and dispose of such ap- plication in chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such juris- diction, power and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made or given by the court in an action regularly instituted, or upon petition, as the case may require: Provided that it shall be lawful for the court, where in the circumstances of any such application it may seem fit, to direct that, for obtaining the relief, order or direction sought for by such application, an information, action or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further proceeding on such application.
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