CAP. 291
[s. 50 cont.]
Power to appoint person to convey.
15 Geo. 5, c. 19, s. 50.
Vesting orders as to stock and thing in action.
15 Geo. 5, c. 19, s. 51.
Trustee.
proper conveyances of the land for such estate or interest 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.
51. In all cases where a vesting order can be made under any of the foregoing provisions, the court may, if it is more convenient, appoint a person to convey the land or any interest therein 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.
52. (1) In any of the following cases, namely— (a) where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power;
(b) where a trustee entitled, whether by way of mortgage or otherwise, alone or jointly with another person to stock or to a thing in action-
(i) is under disability; or
(ii) is out of the jurisdiction of the court; or
(iii) cannot be found, or, being a corporation, has been dissolved; or
(iv) neglects or refuses to transfer stock or receive the dividends or income thereof, or to sue for or recover a thing in action, according to the direction of the person absolutely entitled thereto for twenty-eight days next after a request in writing has been made to him by the person so entitled; or
(v) neglects or refuses to transfer stock or receive the dividends or income thereof, or to sue for or recover a thing in action for twenty-eight days next after an order of the court for that purpose has been served on him;
(c) where it is uncertain whether a trustee entitled alone or jointly with another person to stock or to a thing in action is alive or dead;
Page 496
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CAP. 291
[s. 50 cont.]
Power to appoint person to convey.
15 Geo. 5, c. 19, s. 50.
Vesting orders as to stock and thing in
action.
15 Geo. 5,
c. 19, s. 51.
Trustee.
proper conveyances of the land for such estate or interest 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 res- pectively 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.
51. In all cases where a vesting order can be made under any of the foregoing provisions, the court may, if it is more convenient, appoint a person to convey the land or any interest therein 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.
52. (1) In any of the following cases, namely— (a) where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power;
(b) where a trustee entitled, whether by way of mort- gage or otherwise, alone or jointly with another person to stock or to a thing in action-
(i) is under disability; or
(ii) is out of the jurisdiction of the court; or (iii) cannot be found, or, being a corporation, has been dissolved; or
(iv) neglects or refuses to transfer stock or receive the dividends or income thereof, or to sue for or recover a thing in action, according to the direction. of the person absolutely entitled thereto for twenty- eight days next after a request in writing has been made to him by the person so entitled; or
(v) neglects or refuses to transfer stock or receive the dividends or income thereof, or to sue for or recover a thing in action for twenty-eight days next after an order of the court for that purpose has been served on him;
(c) where it is uncertain whether a trustee entitled alone or jointly with another person to stock or to a thing in action is alive or dead;
496
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