R v Pincus [1911] ZATPD 79 (1 June 1911)

lnsolvency - Offences - Accepting Fraudulent Alienation - "Insolvent" - Law 13 of 1895, sec.151

Criminal Law  - Procedure - Duty of Judge at Trial - Decision of Point of Law - Ord.I of 1903, sec.173.

The term "insolvent" under section 151 of Law 13 of 1895, does not mean only a person who has been declared by the Court to be insolvent; and a person accepting a fraudulent alienation made by a debtor, prior to him being declared insolvent, may validly be convicted of contravening that section.
B. vs Rosenberg (1904, T.S. 437), affirmed.

When during a criminal trial, the presiding judge, while stating that he considered that it was unnecessary for him to decide a question of law arising out of the indictment, did in fact decide it. by refusing to withdraw the case from the jury.

Held, that, notwithstanding his statement, there had been no irregularity on his part, he had fulfilled his duty under Ord.l of 1903, sec.173.