525
(3) The trustee may apply to the court in manner 4 & 5 Geo. 5, prescribed for directions in relation to any particular c. 59, matter arising under the bankruptcy.
$. 79 (3).
(4) Subject to the provisions of this Ordinance the 4 & 5 Geo. 5, trustee shall use his own discretion in the manage- c. 59, ment of the estate and its distribution among the s. 79 (4). creditors.
83. If the bankrupt or any of the creditors, or any Appeal to other person, is aggrieved by any act or decision of court against the trustee, he may apply to the court, and the court trustee. may confirm, reverse, or modify the act or decision 4 & 5 Geo. 5, complained of, and make such order in the premises c. 59, s. 80.
as it thinks just.
4 & 5 Geo. 5, c. 59, s. 81.
84.-(1) The court shall take cognizance of the Control of conduct of trustees, and, in the event of any trustee court over not faithfully performing his duties, and duly observ- trustee. ing all the requirements imposed on him by Ordin ance, rules, or otherwise, with respect to the per- formance of his duties, or in the event of any com- plaint being made to the court by any creditor in regard thereto by notice duly served on the trustee at least eight clear days before the date of hearing, the court shall inquire into the matter and take such action thereon as may be deemed expedient.
(2) The court may either of its own motion or on 4 & 5 Geo. 5, the application of the Official Receiver at any time. 59, require any trustee to answer any inquiry made by s 81 (2). it or him in relation to any bankruptcy in which the trustee is engaged, and may examine ou oath the Trustee or any other person concerning the bank- ruptcy.
(3) The court may also direct an investigation to 4 & 5 Geo. 5, be made of the books and vouchers of the trustee.
Remuneration and Costs.
c 59. s. 81 (3).
85.-(1) Where the creditors appoint any person Remunera- to be trustee of a debtor's estate, his remuneration tion of (if any),shall be in the nature of a commission or trustee. percentage, of which one part shall be payable on the 4 & 5 Geo. 5, amount realised by the trustee, after deductiug any g. 82'(1).
c 59, sums paid to secured creditors out of the proceeds of their securities, and the other part on the amount distributed in dividend. Such percentages shall be as the court may approve or as may be prescribed.
(2) The remuneration shall cover all expenses except 4 & 5 Geo. 5, actual out of pocket expenses properly incurred and c. 59, no liability shall attach to the bankrupt's estate, or' s. 32 (3). to the creditors, in respect of any other expenses.
(3) Where a trustee acts without remuneration, he 4 & 5 Geo. 5, shall be allowed out of the bankrupt's estate such c. 59, proper expenses incurred by him in or about the s. 82 (4). proceedings of the bankruptcy as the court may ap
prove.
(4) A trustee shall not, under any circumstances 4 & 5 Geo. 5 whatever, make any arrangement for or accept from c. 59, the bankrupt, or any solicitor, auctioneer, or any
s. 82 (5). other person that may be employed about a bank- ruptcy, any gift, remuneration, or pecuniary or other consideration or benefit whatever beyond his said remuneration payable out of the estate, nor shall he make any arrangement for giving up, or give up, any part of his remuneration, either as receiver, manager, or trustee, to the bankrupt or any solicitor or other
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