A.D. 1925.
Effect of vesting order. 49. A vesting order under any of the foregoing provisions shall in the case of a vesting order consequential on the appointment of of a trustee, have the same effect—
- (a) as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estate or interest as the court directs; or
- (b) if there is no such person, or no such person of full capacity, as if such person had existed and been of full capacity and had duly executed all 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.
Power to appoint person to convey. 50. 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.
Vesting orders as to stock and things in action. 51.—(1) In any of the following cases, namely:—
- (i) 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;
- (ii) 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—
- (a) is under disability; or
- (b) is out of the jurisdiction of the High Court; or
- (c) cannot be found, or, being a corporation, has been dissolved; or
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