Miscellaneous.—Judgment in absence of trustee.—Where in any action the High Court satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve him with a process of the Court, and that he cannot be found, the Court may hear and determine the action, and give judgment therein against that person in his character of a trustee, as if he had been duly served or had entered an appearance in the action, and had also appeared by his counsel and solicitor at the hearing, but without prejudice to any interest he may have in the matters in question in the action in any other character. Minerals.—Where a trustee or other person is for the time being authorised to dispose of land by way of sale, exchange, partition, or enfranchisement, the High Court may sanction his so disposing of the land with an exception or reservation of any minerals, and with or without rights and powers of or incidental to the working, getting, or carrying away of the minerals, or so disposing of the minerals, with or without the said rights or powers, separately from the residue of the land. Any such trustee or other person with,the said sanction previously obtained may, unless forbidden by the instrument creat ing the trust or direction, from time to time, without any further applica tion to the Court, so dispose of any such lands or minerals. This does not derogate from any power which a trustee may have under the Settled Land Acts, 1882 to 1890, or otherwise. Indemnity by bent:ficiary.—Where a trustee commits a breach of trust at the instigation or request or with the consent in writing of a beneficiary, the High Court may, if it thinks fit, and notwithstanding tha+ the beneficiary may be a married woman entitled for her separate use and restrained from anticipation, make such order as to the Court seems just for impounding all or any part of the interest of the bene ficiary in the trust estate by way of indemnity to the trustee or person claiming through him. This applies to breaches of trust committed as well before as after the passing of the Trustee Act, 1893, but does not apply so as to prejudice any question in an action or other proceeding pending on the 24th Deceniber 1888, or pending at the commencement of the said Act.
Palatine and County Court8.—These provisions, with respect to the High Court, in their application to cases within the jurisdiction of a Palatine Court or County Court, include that court ; and the procedure under the Trustee Act, 1893, in Palatine Courts and County Courts, is in accordance with the Acts and rules regulating the procedure of those courts. Settled Land Acts. —All the powers and provisions contained in the Trustee Act, 1893, with reference to the appointment of new trustees, and the discharge and retire ment of trustees, apply to and include trustees for the purposes of the Settled Land Acts, 1882 to 1890, whether appointed by the Court or by the settlement, or under provisions contained in the settlement. This applies and has effect with respect to an appointment or a discharge and retirement of trustees taking place before as well as after the commencement of the Act, and does not render invalid or prejudice any appointment or any discharge and retirement of trustees effected before the passing of the Act, otherwise than under the pro visions of the Conveyancing and Law of Property Act, 1{381. Convict tru8tee. —Property vested in a person on trust or by way of mortgage, does not, in case of that person becoming a convict within the meaning of the Forfeiture Act, 1870, vest in any such administrator as may be appointed under that Act, but remains in the trustee or mortgagee, or survives to his co-trustee or descends to his representative as if he had not become a convict ; but this does not affect the title to the property so far as relates to any beneficial interest therein of any such trustee or mortgagee. Indemnity.—The Trustee Act, 1893, and every order purporting to be made under it, is a complete indemnity to the Banks of England and Ireland, and to all persons for any acts done pursuant thereto ; and it is not necessary for the Bank or any person to inquire concern ing the propriety of the order, or whether the Court by which it was made had jurisdiction to make the same. Change of character of investment.—A trustee is not liable for breach of trust by reason only of his continuing to hold an investment which has ceased to be an investment authorised by the instru. ment of trust or by the general law. See JUDICIAL TRUSTEE. .