Ord, 6-1843. trustee the whole insolvent estate, present or future, as herein before particularly described, and every power, right, title, privilege, and remedy vested in or competent to the former trustee, as trustee, before his death or removal, as fully and to the same extent as the same was vested in the former trustee by the decree made for conDeath of trustee firming his appointment, in manner aforesaid: Provided always, not to affect his acts. that the death or removal of any trustee shall not affect the validity or force of any lawful act done by him as trustee for the purposes of the sequestration, prior to his death or removal. And during any period of time which shall elapse between the death or removal of any trustee, and the making of the decree for confirming the election of the trustee confirmed in his place, and no longer, the Vesting of estate whole of the then existing insolvent estate shall, except when notwithstanding such death or removal there shall remain in office one or more of the trustees of the said estate, be vested in the Master of the Supreme Court. during vacancy in office of trustee. Death of trustee not to abate actions. Gazette notice of sequestration and of appointments or removal of trustees. Power of trustees to call meetings of creditors. 54. And be it enacted, that whenever a trustee shall die, or a new trustee shall be chosen, no action relative to the insolvent estate shall be thereby abated; but the Court in which any such action is depending, may, upon the suggestion of such death or removal, or that a new trustee has been chosen and confirmed, allow the name of the surviving or new trustee or trustees to be substituted in the place of the former; and the said action shall proceed as if such surviving or new trustee or trustees had originally commenced or defended the same. 55. And be it enacted, that every trustee, on being confirmed, shall forthwith cause notice of the sequestration and of his appointment to be given by advertisement in the Government Gazette, and the Master of the Supreme Court shall cause notice of every order made for the removal of any trustee to be given by advertisement in the Government Gazette. 56. (1) And be it enacted, that it shall and may be lawful for any trustee or trustees, at any time, to call a general meeting of the creditors, and to require their directions concerning the collection or sale of any part of the estate, or concerning any matter or question relating to the administration of the said estate, and the trustee or trustees shall call such meeting whenever they are thereto required by one fourth of the creditors in value who have produced and proved their claims; and the said trustees shall pursue the directions of the greater part of the creditors attending Gazette notice of such meeting: Provided always, that twenty-eight days' notice, at the least, shall be given of every such meeting, and of the purpose thereof, in the Government Gazette, unless in any particular case the Master or Resident Magistrate shall authorise the trustee or Saving of rights of trustees to call a meeting upon some shorter notice: And provided creditors holding also, that no such meeting shall be competent to direct the said meetings. liens. trustees to do any thing calculated to interfere with or injure the just rights of any creditor who shall hold any preferable security or lien upon any part of the insolvent estate; and in case any direction shall be given by any such meeting calculated to interfere with or injure such rights, such creditor may apply by motion to the Supreme Court, to set aside such direction, and thereupon the said Court shall make such order in the premises as shall to justice appertain. Ord. 6-1848. ings of creditors to 57. And be it enacted, that all meetings of creditors called by Before whom meetvirtue of this Ordinance, and appointed to be holder in Cape Town, be held. shall take place before the Master of the Supreme Court; and if appointed to be holden in any district of the Colony other than the Cape district, then before the Resident Magistrate of such district or the person acting as such, who shall forthwith certify to the said Master the proceedings thereat. be taken by trustees. 58. And be it enacted, that it shall and may be lawful for the Legal advice may trustees, to take legal advice on any legal question affecting the insolvent estate, or the administration thereof, and to employ an attorney for the conducting and defending all actions and suits for or against the insolvent estate, and to charge against the insolvent estate all such fees as shall thereby be incurred and shall be allowed upon taxation by the Master of the Supreme Court, subject to the review of the Supreme Court, upon the complaint of the attorney so employed, or if any person having an interest in the due administration of the estate under sequestration; and when it shall be made to appear to the Supreme Court, that any attorney has improperly advised, commenced, conducted, or defended any such action or suit, or incurred any improper or unnecessary expense therein, with the purpose of thereby benefiting himself, and not with the bona fide purpose of thereby benefiting the insolvent estate, it shall and may be lawful for the said Court, to order the whole or any part of the costs of such action to be paid by such attorney, as the said Court shall think fit. 59. And be it enacted, that it shall and may be lawful for the Master of the Supreme Court and for any trustees, whether provisional or elected, respectively, to grant and allow to the insolvent, out of the assets of the insolvent estate, such moderate sum or sums as the said Master or the said trustees, respectively, shall find to be indispensably necessary for the support of the insolvent and his family, pending the decision of the creditors in regard to such support, and the said Master and such trustees as aforesaid, may, if they shall, respectively, see fit, employ the insolvent, or any other person, in the gathering and preservation of any crops or produce, for any reasonable time necessary for the gathering and preservation thereof; and also leave the said insolvent, or place any other person, in the charge of any property, manufactory, or concern, belonging to the insolvent estate, until the same shall be sold, disposed of, or wound up, and make to the Interim allowance ter or trustees. to insolvent by mas Interim care of es tate. 【Ord. 6-1843. Insolvent to attend meetings of creditors. To answer questions. said insolvent, or other person, so employed, a reasonable allowance, per diem, for his labour: Provided that the amount of every such allowance, whether for support or labour, as the case may be, granted before the meeting of creditors which shall be first holden after the second meeting of creditors by this Ordinance directed, shall be submitted to such meeting, which meeting shall have power to decide whether any such allowance shall be continued, and if so, for what length of time, and what shall be the amount thereof. And provided, also, that every trustee who shall make any such allowance to an insolvent, except with the consent of the creditors assembled at such meeting as last aforesaid, or at some other meeting duly convened, shall forthwith report to the Master of the Supreme Court the amount and grounds of such allowance. And provided, that every such allowance made by any trustee, without the consent of the creditors, shall be subject to the review of the Supreme Court upon the application of the said Master or of any person interested in the due administration of the insolvent estate. 60. And be it enacted, that the insolvent or legal administrator of any insolvent estate shall attend before the creditors at the first, second, and third meetings of creditors to be holden by virtue of this Ordinance, and at every adjournment of the said second meeting, unless authorised by the Master or Resident Magistrate, as the case may be, not to attend any such adjourned meeting, and shall also attend before the creditors at every other meeting of creditors held by virtue of this Ordinance, whenever he shall be required to do so by a notice in writing signed by the Master of the Supreme Court or by the Resident Magistrate before whom such meeting is to be held, (which notice the said Master and Resident Magistrate are hereby respectively authorised to give), and shall, at every meeting of creditors which he shall attend, answer all such lawful questions as shall be put to him by the said Master or the said Resident Magistrate, as the case may be, touching and concerning his affairs and estate and the cause and ground of his insolvency, and shall, at the said second meeting, To give account of being thereunto required by the creditors, lodge with the Master or Resident Magistrate, as the case may be, to be by him delivered to the trustee or trustees when appointed or confirmed, a true inventory of the whole of such estate and effects, movable and immovable, personal and real, wheresoever the same may be situated, and of all estates and effects in expectancy or contingency, or to which the insolvent may have any eventual right, and all debts due to and by him, to the best of his knowledge and belief, and all books of accounts, papers, writings, documents, bills, and vouchers, relating to the said estate, which are in his custody or and the said insolvent or administrator shall, upon being power; thereunto required, surrender the said books, papers, writings, documents, bills, and vouchers, to the said Master or Resident his estate. And to deliver up papers, &c. Magistrate, as the case may be, to be by him delivered to the trustee or trustees when appointed or confirmed. Ord. 6--1843, siding at meetings. Special examination of insolvent as to estate, &e. 61. (') And be it enacted, that it shall and may be lawful for Examination of inthe Master of the Supreme Court and for the Resident Magistrate, solvent by officer pre when they shall respectively preside at any meeting of creditors before which the insolvent shall attend, to examine the insolvent upon oath, if they shall see fit so to do, touching all matters relating to his trade, dealings, or estate, or which may tend to disclose any secret alienation, transfer, cession, delivery, or concealment of his estate and effects, movable or immovable, personal or real, and to cause his examination to be reduced to writing, and signed by him and annexed to the proceedings in the said estate. 62. And be it enacted, that it shall and may be lawful for the Supreme Court, or any Circuit Court, upon the application of the trustee or trustees, whenever and so often as they shall see fit, to summon any insolvent before the Supreme Court, or any Circuit Court, or any commissioner of the Supreme Court, if the said Court shall see fit so to order, whether the said insolvent shall have obtained his certificate and allowance thereof or not. And it shall be lawful for such Court, or commissioner, to examine him upon oath touching all matters relating to his trade, dealings, or estate, which may tend to disclose any secret alienation, transfer, cession, delivery, or concealment of his estate or effects, movable or immovable, personal or real, and to cause his examination to be reduced to writing, and signed by him, and annexed to the proceedings in the said estate. solvent of not obey 63. And be it enacted, that if any insolvent, being lawfully Consequence to insummoned as aforesaid to appear before the Supreme Court, or any ing summons for exCircuit Court, or any commissioner of the Supreme Court, shall not, amination. at the time and place appointed in the summons for his appearance, come before such Court or commissioner, (having no lawful impediment at such time made known to and allowed by such Court or commissioner), it shall be lawful for such Court or for such commissioner, under his hand, to grant warrant, authorising any officer of the law or other person to apprehend such insolvent, and forthwith to bring him before such Court or commissioner, or to lodge him in any prison, therein to be detained until the time which such Court or commissioner, as aforesaid, shall have appointed anew, on the application of the trustee or trustees, for his examination: and the gaoler of every such prison shall cause him to be brought before such Court or commissioner, at the time and place specified in such warrant and every insolvent aforesaid, who, being summoned as aforesaid, shall depart from the Colony, or abscond, or conceal himself within the same, with the purpose and And of absconding. intent to evade appearing at any such examination to which he was summoned, or to prevent any warrant herein before mentioned 1 Any creditor or agent of creditor may also examine the insolvent, Act 38 of 1884, § 7. Ord. 6-1843. Consequence to insolvent of not lodgIng inventory of estate, &e. from being executed upon him, shall be deemed guilty of the crime of fraudulent insolvency: and shall, on conviction thereof, suffer transportation for any period not exceeding seven years, or imprisonment, with or without hard labour, for any period not exceeding five years. 64. And be it enacted that if any insolvent shall at the second meeting of his creditors, or any adjournment thereof held as aforesaid, being thereunto required, refuse to lodge a true inventory of his estate and effects, or to surrender the books, papers, writings, documents, bills, or vouchers, relative to his estate as aforesaid; or shall, at his examination before any Court or commissioner before mentioned, or any meeting of creditors which he shall attend as And of refusing to aforesaid, refuse to be sworn, or shall refuse to answer any lawful be examined. Examination third parties in gard to estate. of re questions put to him by such Court or commissioner, or by the said Master or Resident Magistrate touching any of the matters aforesaid; or shall refuse to sign or subscribe his examination so reduced into writing as aforesaid, (not having any lawful objection to so doing), it shall be lawful for such Court, or commissioner, or for such Master, or such Resident Magistrate, by warrant under his hand to commit him to such prison as they shall think fit, there to remain without bail, until he submit to do the matters aforesaid, or to be sworn, or make answer to such lawful questions as shall by them be put to him, or sign and subscribe such examination as aforesaid. 65. And be it enacted, that after surrender or adjudication of sequestration of any estate as insolvent, it shall and may be lawful for the Supreme Court, or any Circuit Court, upon the application of the said trustee or trustees, to summon before the said Court, or any Circuit Court or any commissioner of the Supreme Court, the wife of the insolvent, or any person known or suspected to have in possession any of the estate of the insolvent, or to be indebted to the insolvent, or any person whom the said Court may see reason to believe capable of giving information concerning the person, trade, dealing, or estate of such insolvent, or any information material to the full disclosure thereof: and also to require such person to produce any books, papers, deeds, writings, or other documents, in his or her custody, which may appear to the said Court necessary to the verification or disclosure of any of the matters aforesaid; and it shall and may be lawful for the said Supreme Court, or Circuit Court, or commissioner, to examine every such person, upon oath, concerning the person, trade, dealings, or estate of such insolvent, and to cause his or her examination to be reduced to writing, and signed by him or her, and annexed to the said Consequence to proceedings; and, if any such person shall, upon being lawfully third parties of re- summoned to appear to be examined, fail so to appear, (having no lawful impediment made known to the Court or commissioner, before whom such person is summoned at such time, and allowed by them,) it shall be lawful for such Court, or for such commissioner under his hand to grant warrant, authorising and directing fusing to be examined. |