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(1) If any property is
subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the
provisions of this Act, and there is no trustee within the local limits of the ordinary or extraordinary original
civil jurisdiction of the High Court willing or capable to act in the trust, the High Court may on application
make an order for the appointment of the Official Trustee by that name with his consent to be the trustee of
such property.
(2) Upon such order such property shall vest in the Official Trustee and shall be held by him upon the
same trusts as the same was held previously to such order, and the previous trustee or trustees (if any) shall be
exempt from the liability as trustees of such property save in respect of acts done before the date of such
order.
(3) Nothing in this section shall be deemed to affect the provisions of 1* * * the Indian Trusts Act, 1882
(2 of 1882).
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1. The words and figures "the Trustees' and Mortgagees' Powers Act, 1866, or" omitted by Act 48 of 1964, s. 7.