124. The Master of the High Court shall endorse upon each such copy or duplicate lodged with him the date upon which the account or plan of distribution has been confirmed, and shall examine or cause the same to be examined, and shall authenticate the same by affixing his signature thereunto.

125. He shall further, as soon as may be after the end of each month, transmit all such duplicates and copies received by him to the Landdrosts of the districts, or to the Special Landdrosts of the public diggings in which the estates are situated.

126. The Landdrosts and Special Landdrosts shall register and file all such copies or duplicates at their respective offices, where any person may, on any day except Sundays and holidays, inspect and take copies of the same.

127. A copy of any original account or plan of distribution, or of a duplicate thereof, being duly signed and certified by the Landdrost or Special Landdrost as a true copy, and authenticated by the Master of the High Court, or by the Landdrost or Special Landdrost, as the case may be, shall be received in evidence in any Court, or by any person who by law, or by the consent of parties, is declared competent to take evidence.

128. Whenever any dividend is payable, the trustee shall give notice thereof in writing to all the creditors whose claims have been proved, as well as a public notice in the Staatscourant, stating that such dividend is in the course of payment, and calling upon all creditors entitled thereto to apply for and receive the same.

In case any dividend shall remain unclaimed for the space of six months after the date of such notice, the trustee shall, should he still continue in office, or the Master of the High Court, should the said trustee have been discharged, pay such unclaimed dividend into the Orphan Chamber Fund to the credit of the parties entitled thereto. Such payment shall be subject to the provisions of Law No. 12 of 1870, Orphan Chamber Law" (now Proclamation 28, 1902).

When a trustee neglects to pay such dividend into the hands of the Master of the High Court, the said Master may summon him before the High Court or any Circuit Court to answer for such neglect.

The said Court shall summarily make such decision, and it shall be lawful to adjudge the trustee to pay into the Treasury, for the benefit of the Treasury, such sum as to it shall seem meet, not exceeding the amount of the dividend unduly detained.

NOTES.

Misappropriation or misapplication of the assets or dividends of an insolvent estate by one of the co-trustees without the knowledge and consent of his co-trustees do ́s not discharge them of their liability to the creditors for such assets (In re Crause, 3 M. 257).

See In re Maskell, under § 114, above.

129. It shall be lawful for the Master of the High Court at all times after the confirmation of the account and plan of distribution, to call upon the trustee for accounts of what dividends have been paid. Any neglect or refusal on the part of any trustee by means of receipts, or other sufficient evidence, to prove the payment of any given dividend, shall be considered primâ facie proof that the sum has not yet been claimed.

130. It shall be lawful for the said Court, in case of disobedience by any such trustee to any order or decision of such Court made by virtue of the 120th and 129th Art. of this Law, to direct the sum in question to be recovered by attachment and sale of the goods of the said trustee, with or without his committal to prison until he shall have obeyed such order or decision of the Court. NOTES.

See In re Maskell, under § 114, above.

131. Any residue of the insolvent estate which may remain after the payment of all claims thereupon, shall be paid to the insolvent or his lawful assignees.

To the insolvent shall also be restored the property in all debts and other assets belonging to the estate which may then remain or be outstanding.

NOTES.

Upwards of thirty years after the surrender of an insolvent estate an asset of the estate, which had not been mentioned by the insolvent in his schedules, was discovered and sold. It was held that his legal representatives (the insolvent having died in the interval) were not entitled to claim the proceeds or any part thereof until payment of all the claims which had been proved (In re Parker, 16 J. 529).

The insolvent is not entitled to receive any surplus awarded to him by the plan of distribution until he has received his rehabilitation, and in the meantime it is competent for the creditors to prove their claims subject to the provisions of § 46 of the Transvaal Law (Union Bank Liquidators vs. King's Trustee, 10 J. 101).

CHAPTER VII.

Discharge of the Order of Sequestration and Rehabilitation of the Insolvent.

132. The insolvent may, when an offer of composition made by him has been accepted by his creditors, immediately upon the acceptance of such offer of composition, but otherwise not before six months have elapsed from the date of the final distribution of his estate, make application to the High Court for his rehabilitation.

In each case notice of such application shall have to be given at least six weeks previously, in writing, to the Master of the High Court, to the trustee of the estate, and by public advertisement in the Staatscourant, or in any other manner which the Court shall provide.

NOTES.

An offer made by an insolvent to pay his concurrent creditors a certain proportion of their claims, and to remain liable on the preferent claims against his estate, which offer was duly accepted by the creditors of the estate, is such a composition as entitles the insolvent to obtain a discharge from insolvency in terms of § 106 of the Cape Ordinance, or a rehabilitation under § 132 of the Transvaal Law (Ex parte Russouw, 12 J. 172).

An insolvent, in whose estate no creditors have proved claims, must, in applying for the release of his estate from sequestration, give notice of his application to his creditors by a publication in the Government Gazette (as stated in § 132 of this Law), and he must make an affidavit of full and fair surrender (Ex parte l ́an Broemtsen, 12 J. 239).

An insolvent who has made a composition with his creditors must, in giving notice of his intention to apply for his rehabilitation, state that he applies in terms of § 132 (In re Teich, 13 J. 184).

The only provision of the existing Transvaal Law for obtaining the release of an insolvent estate from sequestration is by means of rehabilitation under § 132 (Ex parte Grey [1902] T.S. 282).

133. Before making any such application as in the last preceding section mentioned, the insolvent shall give sufficient security, up to the sum of £25, to the Registrar of the High Court, for the payment of the costs of any person who may appear to oppose such rehabilitation, and to whom the Court may award his costs.

134. Every insolvent applying to the Court, as aforesaid, for his rehabilitation, shall make and submit a sworn declaration in writing that he has made a full and fair surrender of his estate, and has not granted or promised any preference or security, or

made or promised any payment, or entered into any secret agreement or collusive arrangement with intent to persuade his trustee or any creditor not to oppose his rehabilitation.

135. Upon the day fixed for the hearing of such application it shall be lawful for the trustee, or any of the creditors, or other person interested in the estate, to appear in person or by counsel to oppose the granting of the rehabilitation aforesaid.

The Court may, whether the rehabilitation of such insolvent be opposed or not, grant or refuse to grant such rehabilitation, or suspend the granting of the same, or annex such conditions thereto as the justice of the case may require.

The Registrar of the High Court shall forthwith give notice to the Master of the High Court of every rehabilitation of an insolvent granted by the said Court.

NOTES.

The trustee may appear to oppose the rehabilitation, even if all the creditors consent to it (Er parte Steyn, 13 J. 314).

If the surrender or sequestration has taken place in one Court, and rehabilitation is applied for in another Court of concurrent jurisdiction, the Court to which application for rehabilitation is made will not grant it except with all the information before it, and for that purpose certified copies of the proceedings in insolvency must be handed over to the Registrar of the latter Court (In re Isenberg, 15 J. 104).

An application having been made for the rehabilitation of an insolvent, in whose estate no creditors had proved at the first and second meetings, and no trustees had been appointed, and the usual six weeks' notice having been given in the Government Gazette, the Court directed the Master to call a third meeting. Subsequently to this meeting (at which no creditors appeared), a second application for rehabilitation was made, but no further notice to the creditors had been given. The Court ordered a fresh notice of six weeks to be given, and the application to be then renewed (In re Olsen, 3 G.W.R. 73).

Creditors are entitled to oppose an insolvent's rehabilitation, and are justified in doing so, where they can bring to the notice of the Court any facts which might possibly have been brought forward by the insolvent's counsel. În such a case, costs will be allowed to the creditors so opposing (In re Jansen, 9 C.L.J. 115).

Where applicant's estate had been placed under sequestration, but nothing had been done beyond the election of a trustee and the filing of claims, the Court granted an order setting aside the original order for sequestration (Ex parte Davis [1903], T.S. 83).

Though the practice is for the Court to treat a partnership so far as applications for rehabilitation are concerned as a separate persona in law, and to grant its rehabilitation as such, the law does not allow the rehabilitation of a partnership estate so far as only one partner is concerned (E. parte Gerstle [1903], T.S. 881).

9

136. An insolvent who committed an act of fraudulent insolvency, or who has been guilty of any fraudulent transaction. to the prejudice of any of his creditors, or of any transaction specified under Article 141 of this Law, shall not be entitled to rehabilitation.

137. No rehabilitation shall be granted to any insolvent until the Court shall have satisfied itself that no injury or wrong will be done to any person who, having been allowed by the said Court to make any claim against the estate, has not yet proved his debt against the said estate at the time of the making of the application for the rehabilitation of the insolvent, and until such time as the Court shall have ascertained, by putting the insolvent to his oath, or otherwise, whether there are or are not other creditors who, by reason of their absence from the Republic, or for other reasons, have not yet proved their lawful claims against the said estate.

When it shall appear to the said Court that there are still such creditors, the said Court shall not grant the rehabilitation until such time as the Master of the High Court shall have certified to the said Court that the amounts due to such creditors have been paid to him, or that the said amounts have been deposited with him or with some other person to his satisfaction for and on account of such creditors, such amounts being the same as such creditors would have been entitled to in accordance with any offer of composition, or in accordance with the plan of distribution of the estate in case they had proved their debts.

138. When a creditor on whose behalf, as above stated, any sum of money or any other matter or thing had been reserved or secured, shall not prove his right thereto within such reasonable time as the Court shall provide, the said Court shall, upon the application of any person interested in the said estate, order that such sum of money, or such other matter or thing, shall, after deduction of the costs for and on behalf of the person making such application, be divided in proportionate shares among the remaining creditors.

139. The effect in law of every rehabilitation of an insolvent shall be to discharge the estate of the said insolvent from sequestration, and to reinstate such insolvent in all the personal rights he enjoyed before the sequestration of his estate, and to discharge all the debts of the said insolvent existing at the time of