Law of Property (Amendment) Act 1924

Vesting orders of land.

6 (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 to or possessed of any land or interest therein (whether by way of mortgage or otherwise), or entitled to a contingent right therein, either solely or jointly with any other person—

(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:

(iii) Where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any interest in land:

(iv) Where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land, is living or dead :

(v) Where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land :

(vi) Where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein has been required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land or interest or release the right for twenty-eight days after the date of the requirement:

(vii) Where land or any interest therein is vested in a trustee whether by way of mortgage or otherwise, and it appears to the court to be expedient;

the court may make an order vesting the land or interest therein in any such person in any such manner and for any such estate or interest as the court may direct, or releasing or disposing of the contingent right to such person as the court may direct:

Provided that—

(a) Where the order is consequential on the appointment of a trustee the land or interest therein shall be vested for such estate as the court may direct in the persons who on the appointment are the trustees; and

(b) Where the order relates to a trustee entitled or formerly entitled jointly with another person, and such trustee is under disability or out of the jurisdiction of the High Court or cannot be found, or being a corporation has been dissolved, the land, interest or right shall be vested in such other person who remains entitled, either alone or with any other person the court may appoint.

(2) The foregoing provisions of this paragraph shall have effect in substitution for section twenty-six of the Act of 1893 as amended by any subsequent enactment, and the expression ''vesting order" in the Act of 1893 shall be construed as meaning an order made under this paragraph.