0. LV, rr. 13, 14. Real estate, etc., not bound by conveyance, etc., of drunkard. 663 When real estate, etc., to vest in committee where restraining order not granted. contingent, of such habitual drunkard, of, in, to, out of, or 280, um. 13. In all cases not provided for by Rules 10 and 12 all the interest, title, estate, property, claim and demand, both legal and equitable, whether in remainder or reversion, possession or expectancy, vested or contingent, of any such habitual drunkard of, in, to, out of or upon all freehold and leasehold lands, tenements and hereditaments, and chattels real, situate in any county and which the said habitual drunkard shall have or be entitled to, in such lands, tenements, hereditaments and chattels real at the time of registering in the office of the registrar of deeds for such county a certified copy of the order of appointment as in the next preceding Rule provided, shall for the purposes of this Order vest in the committee of such habitual drunkard, when and so soon as a certified copy of the order of their appointment shall be registered in the office of the said registrar of deeds; and all conveyances and assignments or instruments affecting lands, made or executed by the said habitual drunkard, and all conetc., previous veyances or assignments of bills of sale of personal chattels made by him, and which are by law required to be registered or filed with the registrar of deeds, shall be void and of no effect, unless registered or filed in the proper registrar's office previous to the registry thereof of a certified copy of such appointment of committee. C. S. 1903, c. 112, s. 281. Priority of conveyance, etc., of drunk ard registered, to registration of order appointing committee. 664 Copy for registration of 14. Whenever any order appointing a committee and the order appoint bond given by them, certified as herein before required, shall ing committee. be filed with the proper officer, he shall furnish one or more copies thereof and of the certificate thereon, certified under his hand and the seal of the Court, and any copy of such order purporting to be so certified, shall be registered in the office of any registrar of deeds without further proof, in the same manner as conveyances of land are registered. C. S. 1903, c. 112, s. 282. 15. No order made under any of the Rules of this Order shall be subject to appeal but the same shall be final and conclusive. C. S. 1903, c. 112, s. 283. 0. LV, rr. 15-17. 665 No appeal from order. before 666 16. The Court or Judge making the order under Rule 1, Evidence if the parties or their witnesses live at a distance, and in con- Referee. sequence thereof, or for any other reason, it is considered that it would be more convenient and less expensive that the evidence to be given on the hearing of any petition, should be taken before a Referee, may specify in the order for hearing such petition the Referee before whom such evidence shall be taken; and the Referee so designated shall, at a time and place to be named by him and indorsed on the order, proceed to take the evidence of such parties as may be produced before him, with full power to adjourn the matter from time to time as he may think fit. Such Referee shall reduce the evidence taken by him to writing, and transmit the same certified by him, together with the order annexed, to the Court or Judge, on or before the time appointed for that purpose. On such evidence being so returned the Court or Judge, shall, at the time and place for that purpose named in the Hearing by order, or at such other time and place as may by any other return of order be named, hear the parties and proceed to adjudicate on the matter in the same manner and to the same effect as though such evidence had been taken before the Court or himself. C. S. 1903, c. 112, s. 284. Judge after evidence. 667 Registrar of of service of When either of the orders in the Forms Nos. 58, 59, or Record by 17. any order dissolving or varying the same shall be served Deeds of date on any registrar of deeds, he shall mark thereon the date of order. such service, and file and preserve them in his office on a file to be kept for that purpose, to be open to inspection to any person on payment of a fee of twenty cents. C. S. 1903, c. 112, s. 285. O. LV, rr. 18-22. 668 Powers of committee. 669 No abatement of action to ard a party. 18. The committee of the estate of such habitual drunkard shall deal with the estate, and have the same powers in reference to the same and its management and control as are given to a committee of the estate of any person found of unsound mind under a commission de lunatico inquirendo in reference to his estate, and for that purpose Rules 15 to 20 and Rule 22 of Order LI. shall, subject to any specific provision herein before contained, apply to committees of the estate of habitual drunkards and their estates, to the same extent as they apply to committees of the estates of lunatics and their estates. The Court or a Judge may also direct how and in what manner the moneys of such habitual drunkard, coming into the hands of such committee, shall be invested and disposed of and may direct that the same, or part thereof, be appropriated for the support and maintenance of such habitual drunkard or his family. C. S. 1903, c. 112, s. 286, am. 19. No action in any Court to which any person declared which drunk to be an habitual drunkard is a party, either as plaintiff or defendant, shall abate by reason of any such committee being appointed, but such action may be continued by or against such committee, if such habitual drunkard be sole plaintiff or defendant, or by or against such committee and such other person or persons as may be plaintiffs or defendants. C. S. 1903, c. 112, s. 287, am. 670 Exemption of trust property. 671 Choses in action. 672 Application by drunkard 20. No property or estate which the said habitual drunkard holds as a trustee, or over which he has control in any way, under or by virtue of any power of appointment given in any deed or will, shall be affected by any of the provisions of this Order, but the same shall be exempt from the operation of such provisions. C. S. 1903, c. 112, s. 288. 21. There shall vest in the committee of such habitual drunkard with his personal estate, all choses in action, and all causes of action vested in such habitual drunkard, and such committee may bring actions thereon in their own names. C. S. 1903, c. 112, s. 289, am. 22. Any habitual drunkard may at any time after the to supersede lapse of six months from the appointment of a committee to his estate, and after thirty days' notice to such committee, order. make application to the Court or a Judge for an order annulling and superseding the said declaratory order and order appointing such committee. If on such application the Court or Judge shall find that such habitual drunkard has permanently abandoned his habits of drinking and is capable of managing his affairs and that he is not likely to squander or mismanage his property, or place his family in distress, or transact his business prejudicially to the interests of his family, an order shall be made accordingly. C. S. 1903, c. 112, s. 290. 673 application. 23. The hearing and taking of the evidence on the appli- Hearing of cation mentioned in the preceding Rule, shall be had and proceeded with as near as may be in the manner herein before provided for the hearing and taking of the evidence on a petition presented under Rule 1. C. S. 1903, c. 112, s. 291· order. 674 24. The order made under Rule 22 shall forthwith be Annulling served on the committee, and filed with the proper officer with an affidavit of such service; on the same being filed, a copy thereof certified by the proper officer under the seal of the Court, and without further proof, may be registered in the office of any registrar of deeds in like manner as duly acknowledged deeds are registered. C. S. 1903, c. 112, s. 292. 675 estate, etc. 25. On a copy of said order certified as aforesaid, being Revesting of served on such committee, all the personal estate of the habitual drunkard in the hands of such committee, shall revest in him, and on and after such service, all powers of such committee in reference to the real and personal property of such habitual drunkard, and all control over the same, shall cease; and when any copy of such order, certified as aforesaid, shall be registered in the office of any registrar of deeds, all the real estate of such habitual drunkard in such county shall revest in him; provided, however, that all such personal and real estate shall revest subject to all contracts, sales, liens, pledges or incumbrances lawfully made, given or entered into by such committee. C. S. 1903, c. 112, s. 293, am. 26. The Court or Judge may, if it or he shall be of opin- Costs. ion that the proceedings taken by any petitioner under Rule 1 are vexatious, order such petitioner to pay the costs; provided that no such costs shall be ordered to be paid by the 676 0. LY, r. 27. 677 Evidence to be filed. wife of any alleged habitual drunkard when she is the petitioner. C. S. 1903, c. 112, s. 294. 27. All evidence taken by the Court or Judge or Referee shall be filed with the proper officer. C. S. 1903, c. 112, s. 295, am. O. LVI, rr. 1-4. 678 Appointment or removal of trustee. 679 Rights and liabilities of new trustee. 680 Remuneration. 681 Application to be by originating summons. ORDER LVL TRUSTEES. 1. The Court or a Judge on application by or on behalf of a trustee or beneficiary may, in its or his discretion, appoint a person to be a trustee of the trust, either jointly with any other person, or as sole trustee, and, if sufficient cause is shown, or if it shall be deemed expedient by the Court or Judge so to do, may remove any trustee, and appoint a new trustee in his place. C. S. 1903, c. 112, s. 219, am.; 59 & 60 Vict. c. 35, s. 1 (1), (Imp.), am. 2. There shall be vested in such trustee when so appointed the same rights, and he shall be subject to the same duties and liabilities, and in every way stand in the same position as a trustee appointed by the Court or a Judge under and by virtue of Chapter 162 of the Consolidated Statutes, 1903. Any appointment of a new trustee shall operate no further or otherwise as a discharge to any trustee removed by virtue of this Order, or any former or continuing trustee, than an appointment of new trustees under any power contained in any instrument would have done. C. S. 1903, c. 112, s. 220. 3. The Court or a Judge may allow to trustees such compensation or commission for all or any services of such trustees in the matter of their trust, as to such Court or Judge shall seem reasonable, and such compensation or commission may be ordered by such Court or Judge to be retained to such trustees, or paid to them out of the trust property or funds. C. S. 1903, c. 112, s. 221. 4. An application to the Court or a Judge to appoint or remove a trustee shall if not made in a pending cause or matter be made by originating summons; and if made in a pending cause or matter, shall be made as part of the relief claimed. J. T. R. 1897, r. 2, (E). |