|
[O. 87, rr. 1-4 ORDER 87 PROCEEDINGS UNDER THE TRUSTEE ORDINANCE AND PAYMENT ETC., OF FUNDS IN COURT Application by Petition under Trustee Ordinance, Ch 8 No 3 1. Any application under the Trustee Ordinance, Ch 8 No 3 (hereinafter referred to as "the Ordinance") which cannot be made by summons may be made by petition. Lodgment under section 64 of the Ordinance 2. (1) Where a trustee or other person desires to make a lodgment in court under the Ordinance he shall make and file an affidavit intituled in the matter of the trust (described so as to be distinguishable) and of the Ordinance, and setting forth- (a) a short description of the trust and of the instrument creating it; (b) the names of the person interested in and entitled to the money or securities, and their places of residence to the best of his knowledge and belief; (c) his submission to answer all such inquiries relating to the application of the money or securities paid into court, as the Court may make or direct; (d) the place where he is to be served with any petition, summons, or order or notice of any proceeding relating to the money or securities; Provided that if the fund consists of money or securities being or being part of, or representing a legacy or residue to which an infant or person outside the jurisdiction is absolutely entitled, and on which the trustee has paid the estate duty, or on which no duty is chargeable, the trustee may make the lodgment (without an affidavit) on production of the appropriate certificate of the Commissioner of Estate Duties. (2) Where the lodgment in court is made on affidavit- (a) the person who has made the lodgment shall forthwith give notice thereof to the several persons whose names and places of residence are stated in his affidavit as interested in or entitled to the money or securities lodged in court; (b) no petition or summons relating to the money or securities shall be answered or issued unless the petitioner or applicant has named therein a place where he may be served with any petition or summons, or notice of any proceeding or order relating to the money or securities or the dividends thereof; (c) service of any application in respect of the money or securities shall be made on such persons as the court may direct. Title of Application under the Ordinance 3. Applications to deal with funds lodged in court under the Ordinance shall be intituled in the same manner as the affidavit or request on which the funds were lodged. All other applications under the Ordinance, not made in any pending cause or matter, shall be intituled in the matter of the trust (described so as to be distinguishable) and of the Ordinance. Every petition or summons for a vesting order, or the appointment of a person to convey, shall state the section or sections of the Ordinance under which it is proposed that the order shall be made. Payment etc., of Funds in Court 4. (1) The following applications may be made to a Judge in Chambers:- (a) for the payment or transfer to any person of any funds in court standing to the credit of any cause or matter or for the transfer of any such funds to a separate account or for the payment to any person of any dividend of or interest on any securities or money comprised in such funds; (b) for the investment or change of investment of any funds in court;
[O. 87, r. 4
(c) for the payment of the dividends of or interest on any funds in court representing or compromising money or securities lodged in court under my enactment; or (d) for the payment or transfer out of court of any such funds as are mentioned in sub-paragraph (c.). (2) Such applications shall be made by summons and unless the application is made in a pending cause or matter or an application for the same purpose has previously been made by petition or originating summons the summons must be an originating summons. (3) This rule does not apply to any application for an order under Order 22. |