NTIn ForceAct
Trustee Act 1893
47Power to give judgment in absence of a trustee
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47 Power to give judgment in absence of a trustee
Where in any action the Supreme Court is 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.