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Report No. 26

Clause 20

Sub-clauses (1) and (2).-Correspond to section 18(1)(2), Presidency Act. There is no such provision in the Provincial Act.

Sub-clause (3).-Follows section 18(3), Presidency Act, corresponding to section 29 of the Provincial Act. The wording suit or other proceeding has been adopted. Both these sections would apply in terms only to suits or proceedings which are pending at the date of the order of adjudication.

The Presidency Act uses the verb "may"', while the Provincial Act uses the verb "shall". The former is better.

Stay of suits filed after adjudication.-This has been dealt with separately1.

1. See notes to clause 19.

Clause 21

This is not found in the Provincial Act, but has been adopted as a useful provision from the Presidency Act, section 98.

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