35 Court may assign bond and remove administrator Nos 3632 s. 30, 4654 s. 3(3). (1) On being satisfied that there has been negligence S. 35(1) amended by or maladministration of the estate of which a No. 110/1986 person has obtained administration in the capacity s. 140(2). of a creditor or that the condition of any administration bond executed by any person who has obtained administration in such capacity has been broken in any substantial particular the Court— (a) may order the registrar to assign the S. 35(1)(a) amended by administration bond to a trustee company or Nos 55/1987 any other person named in the order; and s. 57(3)(Sch. 5 item 4), 10/1994 s. 13(d), 15/1998 s. 5(d)(i). (b) may if the Court thinks fit remove such S. 35(1)(b) amended by creditor from the position of administrator Nos 110/1986 and appoint a trustee company or any other s. 140(2), 55/1987 person to be named in the order s. 57(3)(Sch. 5 administrator in place of the administrator so item 5), 15/1998 removed upon such terms and conditions as s. 5(d)(ii). the Court thinks fit and may make all necessary orders for vesting the estate in the new administrator and as to accounts and such order as to costs as the Court thinks fit. (2) Upon an appointment under paragraph (b) of the S. 35(2) amended by last preceding subsection, the provisions of No. 15/1998 section 34(3) and (4) shall so far as appropriate s. 5(e). apply as if repeated in this section.
Nos 3632 s. 30, 4654 s. 3(3). 35 Court may assign bond and remove administrator S. 35(1) amended by No. 110/1986 s. 140(2). (1) On being satisfied that there has been negligence or maladministration of the estate of which a person has obtained administration in the capacity of a creditor or that the condition of any administration bond executed by any person who has obtained administration in such capacity has been broken in any substantial particular the Court— S. 35(1)(a) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 4), 10/1994 s. 13(d), 15/1998 s. 5(d)(i). (a) may order the registrar to assign the administration bond to a trustee company or any other person named in the order; and S. 35(1)(b) amended by Nos 110/1986 s. 140(2), 55/1987 s. 57(3)(Sch. 5 item 5), 15/1998 s. 5(d)(ii). (b) may if the Court thinks fit remove such creditor from the position of administrator and appoint a trustee company or any other person to be named in the order administrator in place of the administrator so removed upon such terms and conditions as the Court thinks fit and may make all necessary orders for vesting the estate in the new administrator and as to accounts and such order as to costs as the Court thinks fit. S. 35(2) amended by No. 15/1998 s. 5(e). (2) Upon an appointment under paragraph (b) of the last preceding subsection, the provisions of section 34(3) and (4) shall so far as appropriate apply as if repeated in this section.
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