34 "lunatic" means any person who is found to be insane after an inquiry by the Supreme Court, or by a commission of inquiry issued by the Supreme Court in the nature of a writ de lunatico inquirendo. Any powers conferred by the foregoing sections shall be exercised at the discretion of the trustee, but subject to any consent required by the instrument (if any) creating the trust. the purposes of the trust are deemed to have been received as the purchase money has been repaid.
No revocation or avoidance (whether by operation of law or otherwise) of such power of attorney shall have effect against any person acting in good faith with the attorney in ignorance of the revocation. A trustee when selling management properties can have unpaid purchase money thereof invested in the security of the property sold, to the extent that, if the trustee were not the seller thereof, such property would be suitable security for investment of the property. trust funds. This section applies only if and to the extent that a contrary intention is not expressed in the instrument under which the infant's interest arises and has effect according to the terms of that instrument and the provisions contained therein.
PART III
In all cases where a vesting order may be made under any of the foregoing provisions, the Supreme Court may, if it is more expedient, appoint a person to transfer the land or release the contingent right and a transfer or release of that person in accordance with with the ruling has the same effect as a ruling under the relevant provision. where the Supreme Court appoints or has appointed a new curator : and. Where a trustee alone or together with another person has a right to stock or to a chosen in action-. a) is a lunatic, a person of unsound mind or an infant; or. b) is outside the jurisdiction of the Supreme Court; or. The consent of the congregation of the church concerned must be obtained for any such transaction:.
The consent of the council shall not be deemed to have been given unless two-thirds of the members present and voting at a meeting held in the manner aforesaid agree to the transaction. The person so chosen will be either the minister or priest in charge of the church, or a person holding an office within or in connection with the church. Limitation of the application of the law. 8 has power to sell, mortgage, lease, convey or transfer the land, or prohibit any such transaction, it shall nevertheless be lawful for the association to sell, mortgage, lease the land, to transfer or transfer on such terms as the association deems appropriate, subject to compliance with the following conditions: -.
For each such transaction, the consent of the members of the association must be obtained:. The consent of the association shall not be deemed to have been given unless a majority of the members of the association voting at the above-mentioned meeting disapprove of the transaction:. The written consent of the State Attorney General must be obtained for any such transaction.
Every petition shall be accompanied by an affidavit made by one of the persons making the petition or any other person who may swear positively to the facts. confirmation of the petition and the reasons for the proposed relief. The petition, together with a copy of the accompanying affidavit, shall be served on the Attorney General, if the petition is made by any person other than the Attorney General, and on such other persons as the court may direct. The Attorney General may appear and address the court, either in person or by counsel, during the hearing of the petition.
With the permission of the court, any interested party who has not been served with the petition may appear and address the court during the hearing of the petition, but no costs may be paid from the trust funds unless the court so authorizes.
PART V
The court may, upon the petition, make such order as appears just, or may refuse to make any order, or direct that the right to the relief sought shall be determined in an action brought for that purpose. The court may award such costs as the court may think just and may order any petitioner to pay the taxed costs of any person appearing at a hearing under section 66. Power and jurisdiction under this Act conferred on the Supreme Court may compliance with any rules or orders of this court in this regard shall be conducted by a single judge of this court.
8 ''appointment of new trustees'' includes any appointment. of new trustees, and whether these new trustees should act alone or together with old trustees. Any appointment of new trustees, if signed by the persons entitled to exercise the power of appointment and by the new trustees, and endorsed in the manner prescribed by the Real Property Act, 1886, for the attestation of instruments, and made in the form or with the effect contained in the·. first schedule hereof, or as close to the circumstances as circumstances permit. be sufficient1 and valid and effective in all respects, as far as the form and manner of execution and the confirmation thereof are concerned. On any appointment of new trustees, a memorandum of that appointment may be registered with the General Registry Office or with the Lands Titles Registration Office in Adelaide.
Upon the registration of any memorandum of the appointment of new trustees, those trustees shall be deemed to have been duly appointed, and the trust estates held on the trusts in which such new trustees have been appointed shall, without any conveyance, conveyance or assignment, vest in the new trustees, either alone or jointly with the old trustees, as the case may be, for all the estate and interests of the old trustees therein, subject to the trusts affecting such trust estates being then in existence, and capable of take effect. :. a) to affect any land not held in terms of the provisions of the Property Act, 1886, the memorandum must be registered in the General Registration Office:. Upon the entry in the register book of the memorial for which subsection (b) of the preceding article provides, the persons in whom the trust estates are vested in terms of said article are the registered owners thereof for all purposes of the Property Act. , 1886. Each memorandum of the appointment of new trustees ~~~:::,r~~dum. offered for registration in terms of this part of this Act ~~e~f~'fin;~w. shall be in the form contained in the second schedule hereto, trustee. and contains the details referred to.
When a power to appoint new trustees exercisable by any meeting or body of persons by resolution or vote, the affidavit or declaration must be.
PART VI
This section shall apply and have effect in relation to any appointment or removal and retirement of trustees occurring either before or after the commencement of this Act. This section shall not invalidate or prejudice any appointment, removal or retirement of trustees made before the passage of this Act. Property belonging to a person on trust or by mortgage shall not, if that person becomes a convict within the meaning of Part but shall remain in the trustee or mortgagee, or devolve to his co-trustee or be descended from his personal representative, as if he had not become a convict: Provided that this Act shall not affect the title of the property so far as it relates to any beneficial interest therein of any such trustee or mortgagee.
8. a reference to the Master to inquire into facts requiring investigation, or may direct the application to wait until the applicant's right has been declared in a proceeding instituted for that purpose, or to enable the applicant to submit evidence or for further consideration, or for the purpose of serving notice or any further notice of the application on any person, and may deal with the applicant, and may make such determination as to costs as may appear just. Where in any action or matter, whether by the evidence adduced therein, or by the admission of the parties, or by a report of the Master, the facts necessary for an order under this Act are, in the opinion of the Supreme Court, sufficiently proven , then The court may, either in the hearing of the case or on an application or motion in the case or case, make such an order under this Act. This Act, and any order which may be made under this Act, shall constitute full indemnity to all corporations and persons for all actions arising therefrom; and it will not be necessary for any company or person to inquire as to the correctness of the order, or as to whether the court which issued the order had jurisdiction to do the same.
To be signed by the persons exercising the power of appointment and by the new trustees, and to be ratified.].
