Court may upon making new trustee 36. It shall be lawful for the Supreme Civil Court in The Supremo Equity upon making any order for appointing a new trustee or new trustees, either by the same or by any order for apsubsequent order, to direct that any lands subject to the pointing a trust shall vest in the person or persons who upon lands subject the appointment shall be the trustee or trustees for such to the trust estate as the Court shall direct; and such order being shall vest in registered shall have the same effect as if the person or who upon the persons who before such order were the trustee or appointment trustees (if any) had duly executed all proper convey-trustee. ances and assignments of such lands for such estate. the the person shall be the may vest the stock or to sue 37. It shall be lawful for the Supreme Civil Court in The Supremo Equity, upon making any order for appointing a new Civil Court trustee or new trustees, either by the same or by any right to call subsequent order to vest the right to call for a transfer for transfer of of any stock subject to the trust or to receive the for choses in dividends or income thereof or to sue for or recover any trustee. chose in action subject to the trust or any interest in respect thereof in the person or persons who upon the appointment shall be the trustee or trustees. action in the of new trus 38. Any such appointment by the Court of new Appointment trustees, and any such conveyance, assignment or transfer by the Court as aforesaid shall operate no further or otherwise as a tees how to discharge to any former or continuing trustee than an operate. appointment of new trustees under any power for that purpose contained in any instrument would have done. may be made person benefi 39. An order under any of the hereinbefore contained Orders under provisions for the appointment of a new trustee or this Ordinance trustees or concerning any lands stock or chose in action on the applisubject to a trust, may be made upon the application of cation of any any person beneficially interested in such lands, stock or cially interchose in action whether under disability or not, or upon ested. the application of any person duly appointed as a trustee thereof, and an order under any of the provisions here:nbefore contained concerning any lands stock or chose in action subject to a mortgage may be made on the application of any person beneficially interested in the equity of redemption whether under disability or not or of any person interested in the moneys secured by such mortgage. 40. Any person entitled in manner aforesaid to apply Persons enfor an order from the Court may present a petition to titled to apply for an order petition. may do so by the Court for such order as he may deem himself entitled to, and may give evidence by affidavit or otherwise in support of such petition, and may serve such person or persons with notice of such petition as he may deem entitled to service thereof. Petitions may be referred to 41. Upon the hearing of any such petition it shall be lawful for the Court, should it be deemed necessary, to investigation, direct a reference to one of the Judges of the Court to over for fur- inquire into any facts which require such an investigather evidence. tion, or it shall be lawful for the Court to direct such or may stand Petitions may be dismissed, petition to stand over to enable the petitioner or petitioners to adduce evidence or further evidence before the Court or to enable notice or any further notice of such petition to be served upon any person or persons. 42. Upon the hearing of any such petition it shall or order made be lawful for the Court to dismiss such petition with or without costs, or to make an order thereupon in conformity with the provisions of this Ordinance. on them. The Court may make order upon the facts ne to being proved. 43. Whensoever in any cause or matter, either by the evidence adduced therein or by the admissions of the parties or by a report of one of the Judges of the cessary there- Court, the facts necessary for an order under this Ordinance shall appear to the Court to be sufficiently proved, it shall be lawful for the Court, either upon the hearing of the said cause or of any petition or motion in the said cause or matter, to make such order under this Ordinance. When any made for dis such order shall be an allegation 44. Whenever any order shall be made under this order shall be Ordinance for the purpose of conveying or assigning posing of any any lands, or for the purpose of releasing or disposing property, and of any contingent right, and such order shall be founded on an allegation of the personal incapacity of a trustee founded on or mortgagee, or on an allegation that a trustee or the of the disa- heir or devisee of a mortgagee is out of the Island or cannot be found or that it is uncertain which of several mortgagee, or trustees, or which of several devisees of a mortgagee that any mortwas the survivor or whether the last trustee or the gagee has heir or last surviving devisee of a mortgagee be living or dead; or on an allegation that any trustee or mortgagee has died intestate without an heir, or has died and it is not known who is his heir or devisee: then in any of such cases the fact that the Court has made an bility of a trustee or died without an heir; the fact that the Court has made an order shall be con clusive evi the legal validity of the order upon such an allegation, shall be conclusive dence of the evidence of the matter so alleged in any Court of Law matter in alleged in any or Equity upon any question as to the legal validity of Court as to the order: Provided always that nothing herein contained shall prevent the Supreme Civil Court in Equity directing order. a re-conveyance or re-assignment of any lands conveyed or assigned by any order under this Ordinance, or a re-disposition of any contingent right conveyed or disposed of by such order; and it shall be lawful for the Court to direct any of the parties to any suit concerning such lands or contingent right to pay any costs occasioned by the order under this Ordinance, when the same shall appear to have been improperly obtained. lunatics to be upon petition thereof. 45. Where any infant or person of unsound mind Moneys due shall be entitled to any money payable in discharge of to infants and any lands, stock, or chose in action conveyed, assigned paid into or transferred under this Ordinance, it shall be lawful Colonial Treasury, and for the person by whom such money is payable to pay the Court may the same into the Colonial Treasury, with the privity order the inof the Registrar of the Supreme Civil Court in Equity vestment in trust in any cause then depending concerning such money or if there shall be no such cause, to the credit of such infant or person of unsound mind, subject to the order or disposition of the Court; and it shall be lawful for the Court upon petition in a summary way to order any money so paid to be invested in such manner as the Court shall see fit, and to order payment or distribution thereof, or payment of the dividends or interest thereof as to the Court shall seem reasonable, and the Registrar of the Court receiving any such money is hereby required to give to the person paying the same a receipt for such money, and such receipt shall be an effectual discharge for the money therein respectively expressed to have been received. be made by 46. Where in any suit commenced or to be com- Absolute menced in the Supreme Civil Court in Equity, it shall decrees may be made to appear to the Court by affidavit that diligent the Court search and inquiry has been made after any person against any made a defendant, who is only a trustee, to serve him cannot be with the process of the Court, and that he cannot be found, it shall be lawful for the said Court to hear and determine such cause, and to make such absolute decree therein against every person who shall appear to them to be found. Court may only a trustee, and not otherwise concerned in interest in the matter in question, in such and the same manner as if such trustee had been duly served with the process of the Court, and had appeared and filed his answer thereto, and had also appeared by his counsel and solicitor at the hearing of such cause: Provided always that no such decree shall bind, affect or in anywise prejudice any person against whom the same shall be made without service of process upon him as aforesaid, his heirs, executors or administrators, according to the course of practice of the Court for or in respect of any estate, right or interest which such person shall have at the time of making such decree for his own use or benefit, or otherwise, than as a trustee as aforesaid. 47. The Court may order the costs and expenses of orderexpenses and relating to the petitions, orders, directions, conto be pail from the es- veyances, assignments and transfers to be made in spect of which pursuance of this Ordinance, or any of them, to be paid the same have and raised out of or from the lands or personal estate, tates in re been caused. Commission de lunatico inquirendo. or the rents or produce thereof, in respect of which the same respectively shall be made, or in such manner as the Court shall think proper. 48. Upon any petition being presented under this Ordinance to the Supreme Civil Court in Equity concerning a person of unsound mind, it shall be lawful for the Court, should it so think fit, to direct that a commission in the nature of a writ de lunatico inquirendo shall issue concerning such person, and to postpone making any order upon such petition until a return shall have been made to such commission. Order may be 49. Upon any petition under this Ordinance being postponed till presented, it shall be lawful for the Court to postpone the petition making any order upon such petition until the right of ers has been the petitioner or petitioners shall have been declared in a suit duly instituted for that purpose. declared. Section IV of No. 23 of 1845 50. The section marked IV. of the Ordinance No. 23 of 1845, entitled "An Ordinance to amend the Law with regard to Mortgages, and to assimilate the same to the Law of England," shall be and the same is hereby repealed. 51. In citing this Ordinance in other Ordinances and Title of this in legal instruments and legal proceedings it shall be Ordinance. sufficient to use the expression "The Trustee Ordinance, 1862." Passed in Council this first day of April, in the year of our Lord one thousand eight hundred and sixty-two. R. LECHMERE GUPPY, Clerk of Council. No. 5.-1862. 1st April. AN ORDINANCE for regulating the execution of Deeds, and the proof, registration and admission in evidence of Deeds and Wills. ROB. W. KEATE. WHERE HEREAS a Proclamation was issued by His Preamble. Excellency Sir Ralph James Woodford on the fifth day of February in the year one thousand eight hundred and fourteen, for the better preservation and security of the properties of all His Majesty's subjects within this Island and others interested therein, and for the more effectual registry and authentication of such deeds and instruments as are thereinafter mentioned and referred to: And whereas an Order was made by His Royal Highness the Prince Regent in Council in the name and on the behalf of His Majesty King George the Third on the sixth day of April in the year one thousand eight hundred and eighteen to remove all doubts that might arise respecting the valid execution or registration of deeds, acts, or instruments whether executed within the Island of Trinidad or executed out of the said Island and intended to take effect within the said Island, and to make further provisions for the security and rights of Mortgagees and purchasers of real property within the same: And whereas an Ordinance was passed in Council on the eighth day of March |