Bankruptcy.
96. (1) The creditors may by ordinary resolution, at a meeting specially called for that purpose of which seven days' notice has been given, remove a trustee, other than the Official Receiver, appointed by them, and may at the same or any subsequent meeting 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 performing his duties; or
(d) that his connexion 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.
[CAP. 6
Removal of 4 & 5 Geo. 5,
trustee. c. 59, s. 95.
PART VI.
CONSTITUTION, PROCEDURE and powers of court.
Jurisdiction.
power of court. c. 59, s. 105.
4 & 5 Geo. 5.
97. (1) Subject to the provisions of this Ordinance, the General court shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognizance of the court or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.
Form 133.
(2) If in any proceeding in bankruptcy there arises any Rules question of fact which either of the parties desires to be tried before a jury instead of by the court itself 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.
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235
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Page 65
Page 66
Bankruptcy.
96. (1) The creditors may by ordinary resolution, at a meeting specially called for that purpose of which seven days' notice has been given, remove a trustee, other than the Official Receiver, appointed by them, and may at the same or any subsequent meeting 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 performing his duties; or (d) that his connexion 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.
[CAP. 6
Removal of 4 & 5 Geo. 5,
trustee.
c. 59, s. 95.
PART VI.
CONSTITUTION, PROCEDURE and powers of court.
Jurisdiction.
power of
court. c. 59, s. 105.
4 & 5 Geo. 5.
97. (1) Subject to the provisions of this Ordinance, the General court shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognizance of the court or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.
Form 133.
(2) If in any proceeding in bankruptcy there arises any Rules. question of fact which either of the parties desires to be tried before a jury instead of by the court itself 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.
—
235
―
Page 65Page 66
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