- A chitty shall be deemed to have terminated only"(a)when the period fixed in the variola or the period as altered by a subsequent special resolution for the duration of the chitty has expired ; or(b)when all the non-prized and unpaid prized subscribers consent in writing to the termination of the chitty and a copy of such consent is filed with the Registrar within fourteen days from the date of such consent; or(c)when the legal representative of a deceased foreman or the guardian of a foreman of unsound mind or the subscriber or subscribers selected therefor fails or fail to continue the chitty or to make suitable arrangements for the further conduct of the chitty as provided for in section 35 :Provided, however, that if there are more foreman than one and one or more of such foremen is or are living and is or are not disqualified to act under section 35, the chitty shall not be deemed to have terminated under this clause, if there is provision in the variola enabling the remaining foreman or foremen to conduct the chitty or if the non-prized and unpaid prized subscribers agree by a resolution to the conduct of the chitty by the remaining foreman or foremen.
