16 VLR 73WERNER v. BOEHM Supreme Court of Victoria HOLROYD, J. February 7, 10 February 1890"Transfer of Land Statute" (No. 301) — Act No. 353 s. 12 — Vesting order — Jurisdiction of Commissioner of Titles — "Statute of Trusts 1864" (No. 234) s. 19 — Jurisdiction of Supreme Court — Notice to person affected — Rules of Lutheran Congregation — Notice of meeting — Time of meeting — Removal of trustee.
The only power of the Commissioner of Titles to make a vesting order as to land under the "Transfer of Land Statute" (No. 301) is that contained in sec. 12 of the Amending Act (No. 353). That section empowers him to make an order only in cases in which the Supreme Court would have such power under sec. 19 of the "Statute of Trusts 1864" (No. 234), and such power can be exercised by him only after compliance with the formalities which would be observed by the Supreme Court; and, inasmuch as the Supreme Court would not make an order vesting land in new trustees without notice being first given to the old trustees in whose name it stood, the Commissioner has no power to do so until such notice has been given.