1950_TRUSTEE_ORDINANCE_ORDINANCE — Page 39

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 29]

[8. 52 cont.]

Vesting orders of charity property.

15 Geo. 5, c. 19, s. 62.

Vesting orders in relation to infant's beneficial interest.

15 Geo. 5, c. 19, s. 53.

Orders made upon certain allegations to be conclusive evidence.

15 Geo. 5, c. 19, s. 55.

Trustee.

(6) The provisions of this Ordinance as to vesting orders shall apply to shares in ships registered under the enactments relating to merchant shipping as if they were stock.

53. The powers conferred by this Ordinance as to vesting orders may be exercised for vesting any interest in land, stock or thing in action in any trustee of a charity or society over which the court would have 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.

54. Where an infant is beneficially entitled to any property, the court may, with a view to the application of the capital or income thereof for the maintenance, education or benefit of the infant, make an order

(a) appointing a person to convey such property; or

(b) in the case of stock, or a thing in action, vesting in any person the right to transfer or call for a transfer of such stock, or to receive the dividends or income thereof, or to sue for and recover such thing in action, upon such terms as the court may think fit.

55. Where a vesting order is made as to any land under this Ordinance founded on an allegation of any of the following matters namely—

(a) the personal incapacity of a trustee or mortgagee; or

(b) that a trustee or mortgagee or the personal representative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved; or

(c) that it is uncertain which of two or more trustees, or which of two or more persons interested in a mortgage, was the survivor; or

(d) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or

498

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CAP. 29] [8. 52 cont.] Vesting orders of charity property. 15 Geo. 5, c. 19, s. 62. Vesting orders in relation to infant's beneficial interest. 15 Geo. 5, c. 19, s. 53. Orders made upon certain allegations to be conclusive evidence. 15 Geo. 5, c. 19, s. 55. Trustee. (6) The provisions of this Ordinance as to vesting orders shall apply to shares in ships registered under the enactments relating to merchant shipping as if they were stock. 53. The powers conferred by this Ordinance as to vesting orders may be exercised for vesting any interest in land, stock or thing in action in any trustee of a charity or society over which the court would have 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. 54. Where an infant is beneficially entitled to any property, the court may, with a view to the application of the capital or income thereof for the maintenance, education or benefit of the infant, make an order (a) appointing a person to convey such property; or (b) in the case of stock, or a thing in action, vesting in any person the right to transfer or call for a transfer of such stock, or to receive the dividends or income thereof, or to sue for and recover such thing in action, upon such terms as the court may think fit. 55. Where a vesting order is made as to any land under this Ordinance founded on an allegation of any of the following matters namely— (a) the personal incapacity of a trustee or mortgagee; or (b) that a trustee or mortgagee or the personal representative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved; or (c) that it is uncertain which of two or more trustees, or which of two or more persons interested in a mortgage, was the survivor; or (d) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or 498
Baseline (Original)
CAP. 29] [8. 52 cont.] Vesting orders of charity property. 15 Geo. 5, c. 19, s. 62. Vesting orders in relation to infant's beneficial interest. 15 Geo. 5, c. 19, s. 53. Orders made upon certain allegations to be conclusive evidence. 15 Geo. 5, c. 19, s. 55. Trustee. (6) The provisions of this Ordinance as to vesting orders shall apply to shares in ships registered under the enactments relating to merchant shipping as if they were stock. 53. The powers conferred by this Ordinance as to vest- ing orders may be exercised for vesting any interest in land, stock or thing in action in any trustee of a charity or society over which the court would have 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. 54. Where an infant is beneficially entitled to any pro- perty, the court may, with a view to the application of the capital or income thereof for the maintenance, education or benefit of the infant, make an order (a) appointing a person to convey such property; or (b) in the case of stock, or a thing in action, vesting in any person the right to transfer or call for a transfer of such stock, or to receive the dividends or income thereof, or to sue for and recover such thing in action, upon such terms as the court may think fit. 55. Where a vesting order is made as to any land under this Ordinance founded on an allegation of any of the fol- lowing matters namely— (a) the personal incapacity of a trustee or mortgagee; or (b) that a trustee or mortgagee or the personal represen- tative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved; or (c) that it is uncertain which of two or more trustees, or which of two or more persons interested in a mortgage, was the survivor; or (d) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or 498
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CAP. 29]

[8. 52 cont.]

Vesting orders of charity

property.

15 Geo. 5, c. 19, s. 62.

Vesting orders in relation to

infant's beneficial interest.

15 Geo. 5, c. 19, s. 53.

Orders made upon certain allegations

to be

conclusive

evidence.

15 Geo. 5, c. 19, s. 55.

Trustee.

(6) The provisions of this Ordinance as to vesting orders shall apply to shares in ships registered under the enactments relating to merchant shipping as if they were stock.

53. The powers conferred by this Ordinance as to vest- ing orders may be exercised for vesting any interest in land, stock or thing in action in any trustee of a charity or society over which the court would have 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.

54. Where an infant is beneficially entitled to any pro- perty, the court may, with a view to the application of the capital or income thereof for the maintenance, education or benefit of the infant, make an order

(a) appointing a person to convey such property; or (b) in the case of stock, or a thing in action, vesting in any person the right to transfer or call for a transfer of such stock, or to receive the dividends or income thereof, or to sue for and recover such thing in action, upon such terms as the court may think fit.

55. Where a vesting order is made as to any land under this Ordinance founded on an allegation of any of the fol- lowing matters namely—

(a) the personal incapacity of a trustee or mortgagee;

or

(b) that a trustee or mortgagee or the personal represen- tative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved; or

(c) that it is uncertain which of two or more trustees, or which of two or more persons interested in a mortgage, was the survivor; or

(d) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or

498

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