Natal Law Reports Volume 20; Supreme Court (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Gallwey, C.J.: The application must be granted. The Section of the Act (47 of 1887) does not specify any time within which a proof may be admitted or rejected. At the Inre Nicolson same time I think th it the trustee ought to have time to consider if he will oppose or not. Mason, J.: I concur in thinking that the Master's decision must be set aside. But I must say that it would be more harmonious if proofs admitted prior to the election of a trustee were to be held as only provisionally admitted. But in any case the trustee has the right to proceed under Section 20 of the 2nd Schedule to Law 47 of 18S7. Beaumont, A.J., concurred. Order: 1. That the Master's decision of the 17th February be and it is hereby set aside. 2. That the Trustee's rights under Section 20 of the 2nd Schedule of the Insolvency Law 47 of 1887 be and they are hereby reserved. 3. Costs of this application are granted to the applicant. [Applicant's Attorney: F. S. Tatham. Respondent's Attorney: W. J. Gallwey.] Archibald v. Registrar Of Deeds. Stump, defacement of. Act 43 0/1898, Section 23. Archibald v. By Section 23 of Act 43 of 1898, the stamps on all deeds Deeds. except those registered in the Registry of Deeds and executed by or before the Registrar of Deeds must be defaced in accordance with Subsections b. or c. of the Section. (Before Gallwey, C.J., Mason, J. and Beaumont, A.J.) This was an application by J. Archibald for an order authorising the Registrar of Deeds to register transfer to him of a certain piece of land from T. F. Turner without requiring the defacement by the applicant or T. F. Turner of the stamps affixed to the Declarations of Seller and Purchaser and the Power of Attorney. The transfer in question was sent by a Durban Conveyancer to F. S. Tatham, an ...