1912_BANKRUPTCY_ORDINANCE__1891 — Page 35

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1640

No. 7 of 1891.

BANKRUPTCY.

Barring of action for dividend.

any part thereof is paid: Provided that the Court may, on the application of any such creditor, postpone the payment of such dividend or part of it for such time as may be reasonably necessary for such creditor to establish his claim.

56. No action for a dividend shall lie against a trustee, but if the trustee refuses to pay any dividend the Court may, if it thinks fit, order him to pay it, and also to pay out of his own money interest thereon for the time that it is withheld and the costs of the application.

[46 & 47 Vict. c. 52 s. 63.]

Employment of and allowance to bankrupt. [ib. s. 61.]

Right of bankrupt to surplus. [ib. s. 65.]

57.—(1) The trustee, with the permission of the Committee of Inspection or of the Court, may appoint the bankrupt himself to superintend the management of the property of the bankrupt or any part thereof or to carry on the trade, if any, of the bankrupt for the benefit of his creditors, and in any other respect to aid in administering the property in such manner and on such terms as the trustee may direct.

(2) The Court, on the application of the trustee, may, if it thinks fit, make an allowance out of the estate to the bankrupt for the support of himself and his family or in consideration of his services in assisting the trustee.

58. The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges, and expenses of the proceedings under the bankruptcy petition.

PART III.

MATTERS INCIDENTAL TO TRUSTEE'S DUTIES. Costs and Charges.

59.-(1) All costs of or incident to proceedings in bankruptcy shall, subject to the provisions of this Ordinance, be in the discretion of the Court.

(2) Where a trustee or manager receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which are required to be performed by himself.

(3) No solicitor's bill of costs shall be allowed in the trustee's accounts unless it has been taxed by the proper officer.

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1640 No. 7 of 1891. BANKRUPTCY. Barring of action for dividend. any part thereof is paid: Provided that the Court may, on the application of any such creditor, postpone the payment of such dividend or part of it for such time as may be reasonably necessary for such creditor to establish his claim. 56. No action for a dividend shall lie against a trustee, but if the trustee refuses to pay any dividend the Court may, if it thinks fit, order him to pay it, and also to pay out of his own money interest thereon for the time that it is withheld and the costs of the application. [46 & 47 Vict. c. 52 s. 63.] Employment of and allowance to bankrupt. [ib. s. 61.] Right of bankrupt to surplus. [ib. s. 65.] 57.—(1) The trustee, with the permission of the Committee of Inspection or of the Court, may appoint the bankrupt himself to superintend the management of the property of the bankrupt or any part thereof or to carry on the trade, if any, of the bankrupt for the benefit of his creditors, and in any other respect to aid in administering the property in such manner and on such terms as the trustee may direct. (2) The Court, on the application of the trustee, may, if it thinks fit, make an allowance out of the estate to the bankrupt for the support of himself and his family or in consideration of his services in assisting the trustee. 58. The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges, and expenses of the proceedings under the bankruptcy petition. PART III. MATTERS INCIDENTAL TO TRUSTEE'S DUTIES. Costs and Charges. 59.-(1) All costs of or incident to proceedings in bankruptcy shall, subject to the provisions of this Ordinance, be in the discretion of the Court. (2) Where a trustee or manager receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which are required to be performed by himself. (3) No solicitor's bill of costs shall be allowed in the trustee's accounts unless it has been taxed by the proper officer. Page 35 Page 36
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1640 No. 7 of 1891. BANKRUPTCY. Barring of action for dividend. any part thereof is paid: Provided that the Court may, on the application of any such creditor, postpone the payment of such dividend or part of it for such time as may be reasonably necessary for such creditor to establish his claim. 56. No action for a dividend shall lie against a trustee, but if the trustee refuses to pay any dividend the Court may, if it thinks fit, [46 & 47 Vict. order him to pay it, and also to pay out of his own money interest thereon for the time that it is withheld and the costs of the applica- tion. c. 52 s. 63.] Employment of and allow. ance to bankrupt. [ib. s. 61.] Right of bankrupt to surplus. [ib. s. 65.] 57.—(1) The trustee, with the permission of the Committee of Inspection or of the Court, may appoint the bankrupt himself to superintend the management of the property of the bankrupt or any part thereof or to carry on the trade, if any, of the bankrupt for the beneût of his creditors, and in any other respect to aid in adminis- tering the property in such manner and on such terms as the trustee may direct. (2) The Court, on the application of the trustee, may, if it thinks fit, make an allowance out of the estate to the bankrupt for the sup- port of himself and his family or in consideration of his services in assisting the trustee. 58. The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges, and expenses of the proceedings under the bankruptcy petition. PART III. all all Re pay Re tha ope anc ma ( him. tha: or reta Cou exp Wil with expe disn 61 shal any state corre Costs and re- muneration. [ib. ss. 72, 73.] MATTERS INCIDENTAL TO TRUSTER'S DUTIES. Costs and Charges. 59.-(1) All costs of or incident to proceedings in bankruptcy shall, subject to the provisions of this Ordinance, be in the discretion of the Court. (2) Where a trustee or manager receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which are required to be performed by himself. (3) No solicitor's bill of costs shall be allowed in the trustee's accounts unless it has been taxed by the proper officer. (2 Accc in w. as tr (3 every accol accol credi 62 not l Page 35Page 36
2026-05-03 00:57:25 · Baseline
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1640

No. 7 of 1891.

BANKRUPTCY.

Barring of action for

dividend.

any part thereof is paid: Provided that the Court may, on the application of any such creditor, postpone the payment of such dividend or part of it for such time as may be reasonably necessary for such creditor to establish his claim.

56. No action for a dividend shall lie against a trustee, but if the trustee refuses to pay any dividend the Court may, if it thinks fit, [46 & 47 Vict. order him to pay it, and also to pay out of his own money interest thereon for the time that it is withheld and the costs of the applica- tion.

c. 52 s. 63.]

Employment

of and allow. ance to

bankrupt. [ib. s. 61.]

Right of bankrupt to surplus. [ib. s. 65.]

57.—(1) The trustee, with the permission of the Committee of Inspection or of the Court, may appoint the bankrupt himself to superintend the management of the property of the bankrupt or any part thereof or to carry on the trade, if any, of the bankrupt for the beneût of his creditors, and in any other respect to aid in adminis- tering the property in such manner and on such terms as the trustee may direct.

(2) The Court, on the application of the trustee, may, if it thinks fit, make an allowance out of the estate to the bankrupt for the sup- port of himself and his family or in consideration of his services in assisting the trustee.

58. The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges, and expenses of the proceedings under the bankruptcy petition.

PART III.

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Costs and re- muneration. [ib. ss. 72, 73.]

MATTERS INCIDENTAL TO TRUSTER'S DUTIES. Costs and Charges.

59.-(1) All costs of or incident to proceedings in bankruptcy shall, subject to the provisions of this Ordinance, be in the discretion of the Court.

(2) Where a trustee or manager receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which are required to be performed by himself.

(3) No solicitor's bill of costs shall be allowed in the trustee's accounts unless it has been taxed by the

proper officer.

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Page 35Page 36

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