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Supreme Court Civil Procedure Act 1932 (No. 58 of 1932)
Requested:  22 Nov 2014
Consolidated as at:  21 Feb 2012

59. Actions for declaration that property is subject to a trust for public purposes

      (1) Except in cases where it is otherwise provided (either expressly or by implication) by some other statute (whether passed before or after the commencement of this Act), or where some special provision is made by some other statute (whether passed before or after the commencement of this Act), every action instituted for a declaration that any property is subject to a trust for a public purpose as defined in this section, shall be instituted by and in the name of the Attorney-General, or by some person, public authority, or public officer as relator in the name of the Attorney-General, and not otherwise.

      (2) Subject to the Rules of Court, every such action shall be instituted and prosecuted in the same form and manner as an action between subject and subject, and not otherwise.

      (3) For the purpose of this section and section 60 all rates, taxes, duties, assessments, and other funds and moneys whatsoever levied, raised, collected, or received under or by virtue of any statute for any public purpose, and any fund formed from the proceeds of any such rate, tax, duty, assessment, fund, or moneys, and all property whatsoever which is required by any statute to be applied or used for any public purpose, shall be deemed to be property subject to a trust for a public purpose.

      (4) But nothing in this section or in section 60 shall be so construed as to confer on the Court or any judge thereof any jurisdiction which was not vested in the Court immediately before the commencement of this Act.


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