Hayden & Co.'s Trustees vs. Thistle Reef Co. : : 65, : 15 4 11 119 12 62 326 71 122 13 121 38 20 60 Van Aardt vs. Hartley's Trustees Van Broemtsen, Ex parte Van der Westhuizen's Trustee vs. Steyn Van Zutphen vs. Macfarlane ... : Von Plaster's Creditors vs. Jones, Rudd & Co. 13 4 41 326 4 328 35 12 PART 1.-PROCEDURE. A.-INSOLVENCY. LAW No. 13, 1895. CHAPTER I. Sequestration and its Consequences. 1. Any person who shall be desirous of voluntarily surrendering his estate as insolvent for the benefit of his creditors may apply by written petition to that effect to the High Court or a Circuit Court. 2. Such petition may be made : (a) On behalf of the estate of any person who is absent from the Republic, by anyone who is duly authorised by power of attorney to administer such estate. (b) On behalf of the estate of a deceased person, or of a person who is legally or actually incapable of managing his own estate, by anyone who is lawfully charged with the management thereof. (c) On behalf of the estate of any partnership, by the majority of the partners present or represented in the Republic. NOTES. (a) In Ex parte l'an Eden, N.O. (2 O.R. 361) the Court granted a petition for voluntary surrender of an absentee's estate, made by the holder of his general power of attorney. (b) In Ex parte Farrelly's Executor (not yet reported) the Witwatersrand High Court granted an application for surrender of the estate of a deceased person, made by his executor. |