*
411
96.-(1) The creditors may, by ordinary resolution, Removal of at a meeting specially called for that purpose, of trustee. which seven days' notice has been given, remove a 4 & 5 Geo. 5, trustee, other than the Official Receiver, appointed by
c. 59, s. 95 (1). them, and may, at the same or any subsequent meet- ing, appoint another person to fill the vacancy as provided in case of a vacancy in the office of trustee.
(2) If the court is of opinion-
(a) that a trustee appointed by the creditors is guilty of misconduct, or fails to perform his duties under this Ordinance; or
(b) that his trusteeship is being needlessly protracted without any probable advantage to the creditors; or
(c) that he is by reason of lunacy, or continued sickness or absence, incapable of perform- ing his duties; or
(d) that his connection with or relation to the bankrupt or his estate, or any particular creditor, might make it difficult for him to act with impartiality in the interest of the creditors generally; or
(e) that the interests of the creditors require it, the court may remove him from his office, and appoint another person in his place.
PART VI.
CONSTITUTION, PROCEDURE, AND POWERS OF COURT.
Jurisdiction.
4 & 5 Geo. 5, c. 59,
95 (2).
S
97.-(1) Subject to the provisions of this Ordi- General nance, the court shall have full power to decide all power of questions of priorities, and all other questions what court.
4 & 5 Geo. 5, soever, whether of law or fact, which may arise in c. 59, any case of bankruptcy coming within the cognizance s. 105 (1). of the court, or which the court may deem it ex- pedient or necessary to decide for the purpose of do- ing complete justice or making a complete distribu- tion of property in any such case.
(2) If in any proceeding in bankruptcy there arises 4 & 5 Geo. 5, any question of fact which either of the parties desire c. 59, to be tried before a jury instead of by the court itself, s. 105 (3). or which the court thinks ought to be tried by a jury, the court may, if it thinks fit, direct the trial to be had with a jury, and the trial may be had accordingly.
Review and Appeals.
98.-(1) The court may review, rescind or vary any Review and order made by it under its bankruptcy jurisdiction. appeals in
bankruptcy.
(2) Every order of the court shall be subject to 4 & 5 Geo. 5, appeal to the Full Court. The appeal shall be com- c. 59, s. 108. menced within twenty-one days from the time when Ordinance the decision appealed against is pronounced or made. No. 7 of
1891, s. 71 (3).
Procedure.
No. 7 of
99.-(1) The rules and practice of the Supreme General Court for the time being for regulating the ordinary rules of civil procedure of the court shall, so far as the same procedure. may be applicable and not inconsistent with the Ordinance provisions of this Ordinance, be applied to bankruptcy 1891, proceedings, and every order of the court made in s. 71 (1). connexion with bankruptcy proceedings may be enforced in the same way as a judgment of the court made in respect of any other civil proceedings may be enforced.
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