4 & 5 Geo. 5, c. 59, s. 92 (4).
Ordinance No. 7 of 1891, s. 62 (3).
Release of
trustee.
528
vouchers and information as he may require, and he may at any time require the production of and inspect any books or accounts kept by the trustee.
(4) When any such account has been audited, it shall be filed and kept by the Official Receiver and shall be open on payment of the prescribed fee to the inspection of any creditor, or of the bankrupt, or of any person interested.
(5) The court may if it so desires, examine the trustee and after hearing the explanation, if any, of the trustee, make such order as it may think just for compelling the trustee to make good any loss to the estate which, after such audit or examination, may appear to the court to have been occasioned by any misfeasance, neglect, or improper conduct or omission of the trustee.
Vucation of Office by Trustee.
94.-(1) When the trustee has realised all the pro- perty of the bankrupt, or so much thereof as can, in 4 & 5 Geo. 5, his opinion, be realised without needlessly protracting c. 59,
the trusteeship, and distributed a final dividend, if s. 93 (1).
any, or has ceased to act by reason of a composition having been approved, or has resigned, or has been removed from his office, he shall apply to the court for his release, and if all the requirements of the court with respect of accounts and with respect to any order of the court against the trustee have been fulfilled, the court may make an order for release accordingly.
4 & 5 Ceo. 5, c. 59, s. 93 (2).
4 & 5 Geo. 5, c. 59, $ 93 (3)
4 & 5 Geo. 5, c. 59, s. 93 (4).
4 & 5 Geo. 5, c. 59,
s. 93 (5).
4 & 5 Geo. 5, c. 59, s. 93 (6).
Office of
trustee
vacated by insolvency.
4 & 5 Geo. 5,
n
50 с од
(2) Where the release of a trustee is withheld, the court may, on the application of any creditor or per- son interested, make such order as it thinks just, charging the trustee with the consequences of any act or default he may have done or made contrary to his duty.
(3) An order of the court releasing the trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.
(4) The foregoing provisions of this section shall apply to the Official Receiver when he is, or is act- ing as, trustee, and when the Official Receiver has been released under this section, or any previous similar enactment, he shall continue to act as trustee for any subsequent purposes of the administration of the debtor's estate, but no liability shall attach to him personally by reason of his so continuing in res- pect of any act done, default made, or liability in- curred before his release.
(5) Where the trustee has not previously resigned or been removed, his release shall operate as a re- moval of him from his office, and thereupon the Official Receiver shall be the trustee.
(6) Where, on the release of a trustee, the Official Receiver is, or is acting as, trustee, no liability shall attach to him personally in respect of any act done or default made, or liability incurred, by any prior trustee.
95. If a receiving order is made against a trustee, he shall thereby vacate his office of trustee.