Decisions in Insolvency Volume 47; No. 1887; Being the Cape Insolvent Ordinance, No. 6, 1843 (as Amended by Acts No. 15, 1859 No. 11, 1873 No. 38, 1884 and No. 23, 1905) Annotated with Decisions Under the Different Sections. the Transvaal Insolvency ACT, (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...any such insolvent shall be dealt with as if this Preserved, Act had not been passed. Trs. Law, No. 13, 1895, sec. 135, post, 307. (a) Pott, 224. See decisions under sec. 2, Act No. 15,1859, 224,225. (6) Post, 230. (c) The Rules of Court relating to rehabilitation and framed under Act 15, 1859, regulate the procedure to be followed. In re Helm, 15 S. C. Rep., 175. A proper balance-sheet must be filed with the Registrar. Ibid. (c) Rehabilitation of surviving spouse granted without filing accounts. In re Cloete, 4 Juta, 107. (c) Rehabilitation of insolvent granted although the final account had not been filed and confirmed. Ex parte Nannncci, 4 Juta, 171; Re Barry, 4 Juta, 399. (c) Applications under this section for rehabilitation after the lapse of four years, must follow the practice established under Act No. 15, 1859. Ex parte Tritsch, 6 Juta, 245. (e) Security must be given, as required by Act 15, 1859, sec. 5, by an insolvent applying for his discharge without obtaining the consent of his creditors. Ex parte Pretorius, 9 Juta, 440. (c) It is not imperative upon the Court to grant the discharge of an insolvent after the lapse of four years. Creditors have a locus standi to show cause against a rehabilitation. Ex parte Ras, 7 Juta, 16. 15. If any trustee shall neglect to lay before the Master to call Master of the said Court any account by the said Ordin-not filings 6S ance required, within the time prescribed (a), it shall be their lawful for the said Master (b), and he is hereby required, due time to to call upon any such trustee to shew cause before the eg cU3e Supreme Court why he should not forthwith be ordered to Court, file the said account, and the said Court shall summarily make such order thereon and impose such penalty for the non-observance th...