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TRUSTEE

Rights of, of factor
Rights of foreign
Empowers insolvent to hold property
Empowers insolvent to alienate
May sell to insolvent
Cannot claim patent rights
Actions stayed until election of
Election of, as to action
Duty in setting aside alienation
Rights as to undue preference
Declining undue preference action
Recovers undue alienation by surety
Rights of, on reclamation
Duty of, as to adoption of lease
Action against, by lessor
Action by, against lessor
Elected at second meeting
Receives directions at third meeting
Duties of, regarding meetings
Course when no election of
Inventory and books handed to
May take over preference.
May admit contingent claim
Ranking by, of conditional debt
Rights of partner's, against partnership
Provisional, how appointed
How long estate vests in provisional
Death of provisional
Removal of provisional
Reversion of estate from provisional
Powers of provisional
Elected at second meeting
More than one, may be elected
Who entitled to elect
In case of conflict of votes
Review of election of
Setting aside election after confirming
Fraud alleged in election of
Creditor absent from election of
Persons disqualified from election as
Insolvent himself cannot be
Insolvent's relation cannot be
Minor cannot be
Law agent cannot be
Attorney cannot be
Unrehabilitated insolvent cannot be
Non-resident cannot be
One with opposed interest cannot be
Trustee becoming insolvent cannot be
Disqualified trustee cannot be
Receiving undue preference
Forfeiture of office by
Offences incapacitating
Omitting creditor from schedule
Promising consideration for vote
Promising estate advantage for vote
Colluding to prevent investigation
Dividing claims to multiply votes

...

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TRUSTEE (Continued)-

Agreeing to share commission
Court orders election of new
Removal of, for insolvency

for misconduct

absent
Election of new, on forfeiture

on death

on incapacitation
Obtaining leave to resign
Vesting pending election of new
Duties of new
New, demands account from former
Lawful acts of late
Confirmation of election of
Letter of appointment of
When Court finally confirms
Notifias his final confirmation
Notification of removal of ...
Resignation of office by
Application to resign by
Objections to resignation of
Notice by, of resignation ...
Renders account on resignation
Calls meeting on resignation
Remedies of, to recover estate
Estate vests in, during sequestration
May sue in his own name ...
Has all powers of insolvent
Insolvent cannot compel, to sue
May recover land from insolvent
Power to sue only signed by one
May be required to give security
When, removed, failing security
When security given by, lapses
Cancelling security does not discharge
Opens bank account for estate
Provisional, must open bank account
Must choose some bank
Must pay all sums over £20 into bank
Instructed by creditors to retain money
Penalty for retention of money by
Retaining moneys while insolvent
Must keep full account book
Inspection of books kept by
May be ordered to produce books ...
May call general meetings
When, must call general meetings
Follows directions given at meetings
What directions, must not follow ...
May take legal advice
May employ attorney
May tax legal costs of advice
Must sell property of estate
Gives notice of sale of estate
Cannot act as auctioneer
May allow maintenance to insolvent
May employ insolvent
May charge insolvent with estate

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TRUSTEE (Continued)-

May pay insolvent for labour
When, reports allowance to Master
Permits insolvent to retain property
Collects monies due to estate
Summons debtors by advertisement
May claim double costs
May set aside unlawful transactions
Election of, as to purchase

as to exchange
Neglect by, to make election
When, may be sued for damages
Abandoning agreement of sale
May agree to composition ...
May compound with debtor of estate
May submit disputes to arbitration
Gives notice of composition

arbitration
Voting of, on composition
May take up and continue action
May commence new action...
May defend action ...
Name of, on record of action
Effect of death of, on action

removal of, on action
Substitution of name of
Entitled to remuneration
Who fixes remuneration of
Review of remuneration of
Cannot charge on securities retained
Disallowance of special fees of
Convenes meeting for composition
Liable to persons employed in action
Recourse against, for costs of action
Files account of estate
Files plan of distribution
What, may debit in account
Ordered to file account
Attached for not filing account
Filing account outside Pretoria
How estate distributed by
Creditor may claim dividend from
Writ of execution against ...
May frame provisional distribution
Duty of, on provisional distribution
Rules governing, on provisional distribution
When, must ask for extension
Costs claimed against
Frames second distribution scheme
Distributes every six months
Delivers duplicate account to Master
Failure to give duplicate to Master
Gives notice of dividend to creditors
Publishes such notice
Calls on creditors to receive dividend
Pays unclaimed dividends to Guardians' Fund
Neglect of, to pay dividend to Master
Master summons, to pay dividend
Court orders, to pay dividend

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TRUSTEE (Continued)-

Page
Liability of, for misappropriated assets

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Called to account for dividends

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Neglect of, to prove dividends paid

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Attachment of goods of, for dividend

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person of, for dividend

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Notice to, of rehabilitation

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May oppose rehabilitation

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Forfeiture by, on rehabilitation

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To distribute fresh assets

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May prosecute insolvent

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May apply for search warrants

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Procedure by, on undue preference

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May prosecute estate administrator

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Insolvent may give evidence for

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against

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Pays insolvent's witness fees

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Pays all witness fees

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Claims insolvent's civil imprisonment

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See CREDITORS, INSOLVENCY, INSOLVENT, LIQUIDATION AND

DISTRIBUTION ACCOUNT, PREFERENCE, RANKING.
UMPIRE
Failure to appoint

79
Failure of, to act

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Refusal of, to act

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Becoming incapable

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Death of

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Notice to appoint

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Court may appoint

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Powers of, appointed by Court

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Must be and remain disinterested

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Court removes, on recusation

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for misconduct

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Powers of, under submission

SO
May administer oaths

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May take affirmations

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May appoint Commissioner

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May state special case

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May correct clerical errors

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Case may be remitted to

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Removal of, by Court

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When liable for costs

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May determine place of reference

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May procure process of Court

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Ordered to state special case

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See ARBITRATION, ARBITRATOR.
UNDUE PREFERENCE-
When an act of insolvency

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Alienations amounting to

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in ordinary course of trade

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Fraudulent payment

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Collusive payment

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Acquittance contemplating sequestration

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Discharge contemplating sequestration

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Penalty of undue acquittance

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discharge

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Definition of

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UNDUE PREFERENCE (Continued)-

Alienations with intention to prefer
Extent of
Trustee's rights as to
Intention question of fact
Requisites for action of

for declaration on
What delivery is not an
When sequestration inevitable
Action on, when established
Court's attitude in action on
“Contemplating sequestration " defined
Wife lending husband money
Who must sue on
What Court must find
Magistrate's jurisdiction as to
Trustee declining action on
Taking promissory note

not an
Alienation on suretyship as
Is culpable insolvency
Not provable as a debt
Procedure in action on
When creditor does not forfeit
Presumption as to
Onus as to bond and
By administrators of estates
Company, liquidation

See INSOLVENCY, CREDITORS.
UNLIMITED ASSOCIATIONS-
Registration, conditions

place of
rules, deposit

rulos, certificate
Powers upon registration
Meetings, powers
Rules, powers
Powers, elections
Actions, rights in
Name, alteration
Registration fees

See SOCIETIES.
VESTING-

Of insolvent estate, in Master
In Master, how long
Sale of immovable property
Transfer of dominion
Of title deeds
Of rights under building contract
Of rights of factor
Of money paid into Court
Of interest on legacy
Of estate in provisional trustee
In Master pending new election
In trustee after his confirmation
In trustee during sequestration
See INSOLVENCY, TRUSTEE, MASTER.

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