Committee of Estates

“ If the society is one that expects to own real estate, it should be incorporated according to the laws of the state in which it is situated, and for this purpose some member of the committee on the constitution should consult a lawyer before this second meeting, so that the constitution may conform to the laws of the state. ”

“ A vacancy created by death, removal, or resignation may be filled by the court. But a committee of the property cannot alien, mortgage, or otherwise dispose of, real property, except to lease it for a term not exceeding five years, without the special direction of the court, obtained upon proceedings taken for that purpose, as prescribed in title seventh of this chapter. ”

“ Many of the positions on legislation taken on behalf of the State Bar by the Board of Governors or the Executive Committee have also followed studies and recommendations by the sections. See, e.g., Report of the Real Property, Probate and Trust Law Section, Wis.Bar Bull., June 1960, p. 51; Report of the Corporation and Business Law Section, id., p. 56.
(4) A number of special committees have been constituted, either ad hoc to consider particular legislative proposals, or to perform continuing functions which may involve the consideration of legislation. ”

“ Control over Trustee.—In his administration of the estate the trustee is subject to control by the committee of inspection, the creditors, the court and the Board of Trade. The committee is appointed by the creditors, and must consist of not more than five nor less than three creditors or authorized representatives of creditors. It acts by a majority present at a meeting, and should be convened once a month unless it otherwise directs. If no committee is appointed, the Board of Trade may give any direction or permission which might have been given by a committee. ”

“ Sometimes when a man's offense was only that he owned a piece of desirable real estate, a resolution was passed that a committee of fifty should wait on that citizen and give him from three to five days to emigrate, this to be supplemented by a second committee of one whose duty it would be to call next day and make the said undesirable citizen a modest, not to say decent, offer for his holdings. ”

“ Of this the court said (page 143 (33 S.C.t. 77) ) :
'It (the ordinance) leaves no discretion in the committee on streets as to whether the street (building, semble) line shall or shall not be established in a given case. The action of the committee is determined by two-thirds of the property owners. ”

“ The committee’s decisions shall be subject to the approval of the Council of Representatives.
Article 136:
First: The Property Claims Commission shall continue its functions as an independent commission in coordination with the judicial authority and the executive institutions in accordance with the law. The Property Claims Commission shall be attached to the Council of Representatives.
Second: The Council of Representatives shall have the right to dissolve the Commission by a two-thirds majority vote of its members. ”

“ The scheme, when approved by the committee, comes before the House for confirmation. It may prove unfortunate that agents originally selected to administer an Act having for its main object inclosure—i.e. the dividing of the land among separate owners—should have been chosen to carry out one specially intended, as Mr. Cross explained, to facilitate regulation—i.e. the preserving of the land open for the use of all. ”

“ After payment of the costs of administration it is his duty to distribute the estate in dividends as speedily as possible. He may also, and with the sanction of the committee, or, where there is none, with that of the Board of Trade, carry on the business so far as is necessary to a beneficial winding-up, institute or defend legal proceedings, employ a solicitor to do any business previously sanctioned by the same authority, compromise debts and claims, raise money on mortgage, sell property on credit, or divide the estate where practicable among the creditors in its existing form. ”

“ The Land Commission may purchase any untenanted land which they consider necessary for the purchase of facilitating the resale, or redistribution, of estates purchased, or proposed to be purchased, by them, and the foregoing provisions of this Act, with respect to advances for the purchase of parcels of land comprised in estates, shall apply in the case of the sale by the Commission of any parcel of such untenanted land. ”

“ The Commission is authorized to levy special assessments upon all real estate within the District-except governmental property which is exempted-for the purpose provided in the Act, such special assessments to be made in proportion to the benefits to each piece of real estate accruing by reason of the improvements and in accordance with the rules of apportionment adopted by the Commission. ”

“ If a preference be given to particular individuals in the present instance, an example will be set, by which future claimants will obtain the same privilege. The committee are, nevertheless, of opinion, that after those lands shall have been surveyed, a certain number of townships should be designated, out of which the claims stated in the memorial ought to be satisfied, and that, for the encouragement of actual settlers, the right of pre-emption should be secured to them. ”

“ The first of these concerns real estate, which is valued once in each decade, that valuation remaining unchanged during the whole ten years, except that what is called the new constructions of each year is added to the original sum. The assessments of real estate by the district assessors in the county, and the ward assessors in the large cities, is first submitted to a county or city board of equalization, and this again to a State board of equalization, to be elected once in ten years by the electors of each senatorial district. ”

“ Upon the recommendation of a Board of Land Purchase Commissioners, some of whom represent local interests, that a certain estate is suitable for settlement, and should be purchased at a certain price, the Government may enter into negotiations with the owner with a view to a voluntary transaction, and, upon his refusal, take the land compulsorily at a valuation fixed by a Compensation Court. ”

“ Circumstances under which a House Agent's Commission becomes payable.—When an estate, or house, agent has been employed upon commission to negotiate the sale or lease of any property, he is not entitled to any commission unless and until he has found a person who is actually ready and willing to enter into a binding agreement to purchase or rent the premises, as the case may be, and both the parties are really agreed as to the terms. ”

“ On request of a party in interest, the court may order the appointment of additional committees of creditors or of equity security holders if necessary to assure adequate representation of creditors or of equity security holders. The United States trustee shall appoint any such committee. (3) On request of a party in interest in a case in which the debtor is a small business debtor and for cause, the court may order that a committee of creditors not be appointed. ”

“ The mode of proceeding against those who had been inhabitants, was directed to be by application to the County Court, who are empowered to give judgment and sentence, that all the estate of such persons should be forfeited for the use of State. The Court is then directed to grant administration of the estates, as in case of interstates estates.–The administrators were to sell such estates, institute suits, recover and pay debts, and deliver over the surplus, if any, into the Treasury of the State. ”

“ Further, the Committee “deemed it expedient to purchase, at an expense of £2,000 two adjoining pieces of ground, in order that the future governors of the institution should not be restricted in their operations for want of space.”
These pieces together, made “an acre and a quarter of land, being nearly half an acre more than the present site of St. ”

“ The law authorizes a sale, when the land is so circumstanced, that, in the opinion of the commissioners, partition cannot be made without great prejudice to the owners, and upon satisfactory proof of that fact being made to the court. The commissioners caused a survey, and map of the premises to be made which accompanied their report, and they express the opinion, after an examination of the same, the partition could not be made without injury to the owners. ”

“ It is argued that if the committee's acquisition of the properties is to be treated as a purchase rather than a 'reorganization', the cost to the committee should be measured by the amount of the cash advanced by the committee plus the face value of the deposited bonds. There is no foundation for that contention. The basis of assets bid in by a mortgage creditor on foreclosure is to be determined by the fair market value of the property. ”

“ Thus the assessors are directed in the first place to bring in certificates of the names of every person dwelling within their districts, "and of the substance and values of them in ready money, goods, chattels, and other personal estate." Every person is to be rated for personal {293} estate at the place where he shall reside, and, if not a householder, at the place where he resides at the execution of the Act, or if out of the realm, where he was last resident; "and for the better discovery of personal estates," every householder is to give an account of his lodgers. ”

“ As preliminary to an issue of township, town, or city bonds, by such commissioners as might be appointed on the petition of freeholders, the statute requires the written consent of persons owning, or representing as agent or president, at least two-thirds of the real estate of the municipality,-the bonds so issued not, however, to exceed 20 per cent. ”

“ The proprietors of houses appoint annually a committee of their number to attend to the repairs of the streets, and the keeping of them clean; and they have a man constantly in their employment for this purpose, the expense being defrayed by the feuers assessing themselves according to the rental of their properties. ”

“ The Council shall provide a venue for assisting the Senior Real Property Officers in the development and implementation of the agency asset management plans. The Council shall work with the Administrator of General Services to establish appropriate performance measures to determine the effectiveness of Federal real property management. ”

“ The Washington Board has adopted standard rates of commissions for its members-charges which cover the wide range of services furnished by a real estate agent. The Board's code of ethics provides that 'Brokers should maintain the standard rates of commission adopted by the board and no business should be solicited at lower rates.' Members agree to abide by this code. ”

“ In consequence of the expression of this wish, the house of assembly adopted certain resolutions praying for the appointment of a commission as offering in their judgment the best means for the satisfactory adjustment of existing disputes, intimating at the same time that, in the opinion of the house, the basis of such adjustment would be found in a large remission of arrears of rent, and in giving every tenant, holding under a long lease, the power to purchase his farm at a certain fixed rate. ”

“ Strong opposition to a grant of the power of compulsory purchase which the Bill embodied was raised, in the House of Commons, as well as ultimately in the House of Lords. Its contemplated changes in dealing with what are called "congested estates" and "congested districts," being those in which the holdings of tenants are too small to yield a decent living, were also a subject of criticism and opposition. The Bill received some amendment in the House of Commons, before having its third reading and passage on the 18th of September. ”

“ Had the matter been carried into the courts a commission would have been appointed to make the partition, in whose appointment the trustee would have had less to say than he had in the selection of the persons mutually chosen by himself and his son. And it seems to us that the intervention of disinterested persons for appraising the property and making the allotment was judicious and proper. It is the course most commonly pursued by those who desire to make a division of property. ”

“ The original act of 1836 establishing the General Land Office declares (sec. 6) that the Commissioner of the General Land Office shall be entitled to the custody of all the records, books, and papers in any way appertaining to the lands of the Republic, and that may now be in the care or possession of all empresarios, political chiefs, commissarios, or commissioners for issuing land-titles, or any other person ”

“ The commissioners, at the end of the time limited, are to make a report, on oath, to the Orphans Court, of all the claims which have been laid before them, with the sums allowed by them on each respective claim. The Court then shall order the residue of the estate, personal and real-the real estate being sold according to law-to be paid and distributed among the creditors whose claims have been allowed by the commissioners, in proportion to the sums respectively due. ”

“ At this date the proprietors of large estates who wished to enclose by Act of Parliament, generally settled all the particulars among themselves before calling any meeting of the rest of the proprietors. The small proprietor had very little say either in regulating the clauses of the Act, or in the choice of commissioners. Any owner of one-fifth of the land, however, could negative the measure and often used his right to impose unreasonable clauses. It is well known that the legal expenses and fencing were very costly. ”

“ The Act of 1903 gave considerable powers to the Estates Commissioners to improve small and uneconomic holdings by the purchase of untenanted land, to be re-sold to the tenants or sons of tenants on the estate, or to the occupiers of holdings not exceeding £5 in rateable value in the neighbourhood, or to tenants evicted from their holdings since 1878, or in case such tenant is dead, to a person nominated by the Land Commission as his representative. ”