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THE SCHEDULE Legal Proceedings and Actions to Which Section 36 Applies

Legislative History

Comparative Table

 
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Administration of insolvent estates, and winding up of companies. Bankruptcy rules to prevail
4.
—(1)  In the administration by any court of the assets of any deceased person whose estate proves to be insufficient for the payment in full of his debts and liabilities, and in the winding up of any company under the Companies Act (Cap. 50) whose assets prove to be insufficient for the payment of its debts and liabilities and the costs of winding up, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as are in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt.
Creditors may come in under decree, or winding up
(2)  All persons who, in any such case, would be entitled to prove for and receive dividends out of the estate of any such deceased person, or out of the assets of any such company, may come in under the decree or order for the administration of such estate, or under the winding up of such company, and make such claims against the same as they may respectively be entitled to by virtue of this Act.
Voluntary waste
(3)  A tenant for life or lives or a leasehold tenant shall not commit voluntary waste; but this subsection shall not apply to any estate or tenancy without impeachment of waste, or affect any licence or other right to commit waste.
(4)  A tenant who infringes subsection (3) shall be liable in damages to his remainderman or reversioner; and in subsection (3), “leasehold tenant” includes a tenant for a term, a tenant under a periodical tenancy and a tenant at will.
[Cf. 52 Henry III (Statute of Malborough) c. 23. (1267)]
Estate for life when not to confer right of equitable waste
(5)  An estate for life without impeachment of waste shall not confer, or be deemed to have conferred, upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate.
Merger when not to operate
(6)  There shall not be any merger by operation of law only of any estate the beneficial interest in which would not before 23rd July 1909 have been deemed to be merged or extinguished in equity.
Suits for possession of immovable property by mortgagors
(7)  A mortgagor entitled for the time being to the possession or receipt of the rents and profits of any immovable property, as to which no notice of his intention to take possession, or to enter into the receipt of the rents and profits thereof, has been given by the mortgagee, may sue for such possession or for the recovery of such rents or profits or to prevent or recover damages in respect of any trespass or other wrong relative thereto in his own name only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person.
Assignment of debts and choses in action effectual to pass right and remedy
(8)  Any absolute assignment by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be and be deemed to have been effectual in law, subject to all equities which would have been entitled to priority over the right of the assignee under the law as it existed before 23rd July 1909, to pass and transfer the legal right to such debt or chose in action, from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor.
Stipulations not of essence of contracts to be construed as in equity
(9)  Stipulations in contracts, as to time or otherwise, which would not, before 23rd July 1909, have been deemed to be or to have become of the essence of such contracts in a court of equity, shall receive in all cases the same construction and effect as they would have received in equity before that date.
Injunctions and receivers granted or appointed by interlocutory orders
(10)  A Mandatory Order or an injunction may be granted or a receiver appointed by an interlocutory order of the court, either unconditionally or upon such terms and conditions as the court thinks just, in all cases in which it appears to the court to be just or convenient that such order should be made.
Terms. To prevent waste, etc., when granted
(11)  If an injunction is asked, either before, or at, or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, the injunction may be granted if the court thinks fit whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise, or, if out of possession, does or does not claim, a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both, or by either of the parties, are legal or equitable.
Custody and education of minors
(12)  In questions relating to the custody and education of minors, the rules of equity shall prevail.
Cases of conflict not enumerated, equity to prevail
(13)  Generally in all matters not particularly mentioned in this section, in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.