MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) RULES (HONG KONG)

MAINTENANCE ORDERS
(FACILITIES FOR ENFORCEMENT).

MAINTENANCE ORDERS (FACILITIES FOR
ENFORCEMENT) RULES (HONG KONG).

(Cap. 15, section 74
(Ordinance No. 9 of 1921)

[29th March, 1923.]

1. When a provisional order made outside the Colony
has been confirmed by a magistrate with or without
modification, under section 6 of the Ordinance, or a magis-
trate has decided not to confirm it, the magistrate shall
send notice thereof to the court from which it issued and
also to he Governor for transmission to the Secretary of
State for the Colonies.

2. When an order has been registered by a magis-
trate under section 3 of the Ordinance or a provisional
order has been confirmed by a magistrate under section 6
of the Ordinance, the magistrate shall, unless satisfied that
it is undesirable to. do so, direct that all payments due
thereunder shall be made through the magistrates' clerk or
such other person as the magistrate may specify for the
purpose. Such direction may be given, varied or. rescinded
without any compljint or application.

3. The person through whom the payments are
directed to be made shall collect the money due under the
order and may take proceedings in his own name for
enforcing payment, and shall, if the order was made by
a court in England, send the said moneys to the Crown
Agents for transmission to the said court, and in every
other case shall, unless otherwise directed by the Governor,
send the said moneys to the. court from which the ordir
originally issued.

4. When a provisional order made under section 5
of the Ordinance has been remitted under subsection (4)
of that section for the purpose of taking further evidence,
notice specifying the further evidence required and the time





and place fixed for taking it shall be sent by the magis-
trates' clerk to the person on whose application the pro-
visional order was made.

5. These rules may be cited as the Maintenance
Orders (Facilities for Enforcement) Rules (Hong Kong).



CHAPTER 16.
(Ordinance No. 49 Of' 1935).
SEPARATION AND MAINTENANCE ORDERS.
No subsidiary legislatioit.

CHAPTER 17.
(Ordinance No. I0 of 1897).
SMALL TENEMENTS RECOVERY.
No. subsidiary legislation.
Regulations-Fraser, vol. 3, p. 940. (Cap. 15). [r. 4 cont.]

Regulations-Fraser, vol. 3, p. 940. (Cap. 15). [r. 4 cont.]

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MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE

CHAPTER 15.

MAINTENANCE ORDERS (FACILITIES
FOR ENFORCEMENT).

To facilitate lite enforcement in the Colony of maintenance
orders viade in England or Northern Ireland and vice
versa.
[30th June, 1921.]

1. This Ordinance may be cited as the Maintenance
Orders (Facilities for Enforcement) Ordinance.

2. In this Ordinance-
'certified copy' in relation to an order of court means a
copy of the order certified by the proper officer of the
court to be a true copy;
'dependants' means such persons as the person against
whom the order or decree is made is, according to the
law in force in the part of His Majesty's dominions
in which the maintenance order was made, liable to
maintain
-maintenance order- means an order other than an order
of affiliation for the periodical payment of sums of
money towards the maintenance of the wife or other
dependants of the person against whom the order is
made, and includes, with reference to Northern Ireland,
an order or decree for the recovery or repayment of
the cost of relief or maintenance made by virtue of the
provisions of any enactment for the time being in force
relating to Poor Relief.

3. Where a maintenance order has been made against
any person by any court in, England or Northern Ireland
and a certified copy of the order has been transmitted by
the Secretary of State for the Colonies to the Governor,
the Governor shall send a copy of the order to a magis-
trate for registration, and on receipt thereof the order shall
be registered, and shall, from the dite of such registration,
be of the sarne force and effect and, subject to the pro-
visions of this Ordinance, all proceedings may be taken
on such order, as if it had been an order originally made
by a magistrate, and any magistrate shall have power to
enforce the order accordingly.





4. Where a magistrate has made a maintenance order
against any pcrson and it is proved to a magistrate that
the person against whom the order was made is resident
in England or Northern Ireland, the magistrate shall send
to the Governor for transmission to the Secretary of State
for the Colonies a certified copy of the order.

5. (1) Where an application is made to a magistrafe
for a maintenance order against any person and it is Proved
that that person is resident in England or Northern Ireland,
such magistrate may in the absence of thal person, if after
hearing the evidence he is satisfied of the justice of the
application, make any such order as he might have made
if a summons lhad been duly served on that person and
that person had failed to appear at the hearing, but in
such case the order shall be provisional only and shallhave
no effect unless and until confirmed by a competent court
in England or Northern Ireland.

(2) The evidence of any witness who is examined on
any such application shall be put into writing and such
deposition shall be read over to and signed by him.

(3) Where such an order is made the magistrate shall
send to the Governor for transmission to the Secretary of
State for the Colonies the depositions so taken and a
certified copy of the order, together with a statement of the
grounds on which the making of the order might have been
opposed if the person against whom the order is made had
been duty served with a summons and had appeared at the
hearing, and such information as the magistrate possesses
for facilitating the identification of that person and ascer-
taining his whereabouts.
(4) Where any such provisional order has come before
a competent court in England or Northern Ireland for con-
firmation and the order has by that court been remitted for
the purpose of taking further evidence, a magistrate shall
proceed to take the evidence in like manner and subject
to the like conditions as the evidence in support of the
original application. If upon the hearing of such evidence
it appears to such. magistrate that the order ought not to
have been made, he may rescind the order, but in any other
case the depositions shall be sent to the Governor and dealt
with in like manner as the original depositions.





(5) The confirmation of an order made under this
section shall not affect any power of a magistrate to vary
or rescind that order : Provided that on the making of a
varying or rescinding order such magistrate shall send a
certified copy thereof to the Governor for transmission to
the Secretary of State for the Colonies, and that in the
case of in order varying the original order the order shall
not have any effect unless and until confirmed in like.
manner as the original order.

(6) The applicant shall have the same right of appeal,
if any, against a refusal to make a provisional order as
he would have had against a refusal to make the order
had a summons been duly served on the person against
whoni the order is sought to be made.

6. (1) Where a maintenance order has been made by
a court in England or Northern Ireland, and tile order is
provisional only and has no effect unless and until con-
firmed by, a magistrate in the Colony, and a certified copy,
of the order together with the depositions of witnesses and
a statement of the grounds on which the order might have
been opposed has been transmitted to the Governor, and
it appears to the Governor that the person against whom
the order was made is resident in the Colony, the Governor
shall send the said documents to a magistrate with a re-
quisition that a Summons be issued calling upon the person
to show cause why that order should not be confirmed,
and upon receipt of such documents and requisition such
magistrate shall issue such a summons and cause it to be
served upon such person.

(2) A summons so issued may be served in the same
manner as if it had been originally issued under the provi-
sions of the Magistrates Ordinance.

(3) At the hearing it shall be open to the person on
whorn the summons was served to raise any defence which
he rnight have raised in the original proceedings had he been
a party thereto, but no other defence, and the certificate from
the court which made the provisional order stating the
grounds on which the making of the order might have been
opposed if the person against whom the order was made had
been a party to the proceedings shall be conclusive evidence





that those grounds are grounds on which objection may be
taken.

(4) If at Gie hearing the person served witli the sum-
mons does not appear or on appearing fails to satisfy the
magistrate that the order ought not to be confirmed, such
magistrate may confinii the order either without modification
or with such modifications as may seem just to him after
hearing the evidence.

(5) If the person against whom the summons was issued
appears at the hearing and satisfies the magistrate that for
the purpose of any defence it is necessary to remit the case
to the court which rnade the provisional order for the taking
of any, further evidence, the magistrate may so remit the
case and adjourn the proceedings for the purpose.

(6) Where a provisional order has been confirmed under
this section, it may be varied or rescinded in like manner
as if it had originally been made by the confirming magis-
trate and where on an application for rescission or variation
the magistrate is satisfied that it is necessary to remit the
case to the court which made the order for the purpose of
taking further evidence, such magistrate may so remit the
case and adjourn the proceedings for the purpose.

(7) Where an order has been so confirmed the person
bound thereby shall lia've the sarne, right of appeal, if any,
against the confirmation of the order as he would have had
against the making of the order had the order been an order
made by the magistrate confirming the order.

7. The Governor may make regulations for determin-
ing the manner in which a case can be remitted by a court
authorized to confirm a provisional order to the court which
niade the provisional order, for facilitating communications
between such courts, and generally for the purpose of
regulating the procedure under this Ordinance.

8. An order which has been registered or which has
been confirmed by a magistrate under this Ordinance shall
be enforceable---
(a) by warrant of distress; or
(b) in default of sufficient distress, by imprisonment; or
(c) at the discretion of the magistrate, by imprisonment
in the first instance,





and any such imprisonment shall be in accordance with the
scale provided by section 67 of the Magistrates Ordinance.

9. Any document purporting to be signed by a judge
or officer of a court in England or Northern Ireland shall,
until the contrary is proved, be deemed to have been so
signed without proof of the signature or judicial or official
character of the person appearing to have signed it, and
the officer of a court by whom a document is signed shall,
until the contrary is proved, be deemed to have been the
proper officer of the Court to sign the document.

10. Depositions taken in a court in England or
Northern Ireland for the purposes of this Ordinance shall
be received in evidence in proceedings under this Ordinance.

11. The Magistrates Ordinance, shall apply to proceed-
ings under this Ordinance as it applies to proceedings under
that Ordinance.

12. Where the Governor is satisfied that reciprocal
provisions have been made by the legislature of any British
possession or any territory under His Majesty's protection
for the enforcement within such possession or territory of
maintenance orders made by courts in Hong Kong, the
Governor may by proclamation extend this Ordinance to
Such possession or territory, and this Ordinance shall there-
upon apply in respect of such possession or territory as
though the references to England or Northern Ireland were
references to such possession or territory and the references
to the Secretary of State for the Colonies were references to
the Governor of such possession or territory.
Originally 9 of 1921. Fraser. 9 of 1921. Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11. [cf. 5 & 6 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Northern Ireland. 10 &11 Geo. 5, c. 33, s. 1.] Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 33, s. 2. Power to make provisional orders of maintenance against person resident in England or Northern Ireland. 10 & 11 Geo. 5, c. 33, s. 3. Power of magistrate to confirm provisional orders of maintenance made in England or Northern Ireland against person resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4. (Cap. 227.) [s. 6 cont.] Power of Governor to make regulations. 10 & 11 Geo. 5, c. 33, s. 5. Mode of enforcing orders. 10 & 11 Geo. 5, c. 33, s. 6. (Cap. 227.) Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8. Depositions to be evidence. Ibid s. 9. Application of Cap. 227. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.

Originally 9 of 1921. Fraser. 9 of 1921. Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11. [cf. 5 & 6 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Northern Ireland. 10 &11 Geo. 5, c. 33, s. 1.] Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 33, s. 2. Power to make provisional orders of maintenance against person resident in England or Northern Ireland. 10 & 11 Geo. 5, c. 33, s. 3. Power of magistrate to confirm provisional orders of maintenance made in England or Northern Ireland against person resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4. (Cap. 227.) [s. 6 cont.] Power of Governor to make regulations. 10 & 11 Geo. 5, c. 33, s. 5. Mode of enforcing orders. 10 & 11 Geo. 5, c. 33, s. 6. (Cap. 227.) Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8. Depositions to be evidence. Ibid s. 9. Application of Cap. 227. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.

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PERFORMANCE OF DUTIES OF CORONER

MAGISTRATES (CORONERS POWERS).

PLACES FOR POST MORTEM ORDER.

(Cap. 14, section 4(0).
(Ordinance No. 5 of 1888).

[4th November, 1949.]

1. This order may be cited as the Places for Post
Mortem Order.

2. The places specified in the Schedule are set apart
as suitable places for the reception of dead bodies for the
purpose of post mortem examination.

SCHEDULE.

Victoria Public Mortuary.
Kowloon Public Mortuary.
Queen Mary Hospital Mortuary.
Kowloon Hospital Mortuary.
Royal Navy Hospital Mortuary.
Bowen Road Military Hospital Mortuary.
33rd General Hospital Mortuary (La Salle College).
Mortuary attached to Station Headquarters, Royal Air Force,
Kai Tak.
Mortuary in any of His Majesty's Hospital Ships.

PERFORMANCE OF DUTIES OF CORONER.

(Cap. 14, section 3).
(Ordinance No. 5 of 1888).

[18th February, 1921.]

The duties formerly performed by the coroner may be
performed by any person for the time being performing the
duties of magistrate.
G.N.A. 237/49. G.N.A. 39/50. G.N.A. 81/50. Citation. Mortuaries. G.N.A. 81/50. G.N.A. 81/50. G.N.A. 39/50. Regulations-Fraser, vol. 1, p. 136.

G.N.A. 237/49. G.N.A. 39/50. G.N.A. 81/50. Citation. Mortuaries. G.N.A. 81/50. G.N.A. 81/50. G.N.A. 39/50. Regulations-Fraser, vol. 1, p. 136.

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PLACES FOR POST MORTEM ORDER

MAGISTRATES (CORONERS POWERS).

PLACES FOR POST MORTEM ORDER.

(Cap. 14, section 4(0).
(Ordinance No. 5 of 1888).

[4th November, 1949.]

1. This order may be cited as the Places for Post
Mortem Order.

2. The places specified in the Schedule are set apart
as suitable places for the reception of dead bodies for the
purpose of post mortem examination.

SCHEDULE.

Victoria Public Mortuary.
Kowloon Public Mortuary.
Queen Mary Hospital Mortuary.
Kowloon Hospital Mortuary.
Royal Navy Hospital Mortuary.
Bowen Road Military Hospital Mortuary.
33rd General Hospital Mortuary (La Salle College).
Mortuary attached to Station Headquarters, Royal Air Force,
Kai Tak.
Mortuary in any of His Majesty's Hospital Ships.

PERFORMANCE OF DUTIES OF CORONER.

(Cap. 14, section 3).
(Ordinance No. 5 of 1888).

[18th February, 1921.]

The duties formerly performed by the coroner may be
performed by any person for the time being performing the
duties of magistrate.
G.N.A. 237/49. G.N.A. 39/50. G.N.A. 81/50. Citation. Mortuaries. G.N.A. 81/50. G.N.A. 81/50. G.N.A. 39/50. Regulations-Fraser, vol. 1, p. 136.

G.N.A. 237/49. G.N.A. 39/50. G.N.A. 81/50. Citation. Mortuaries. G.N.A. 81/50. G.N.A. 81/50. G.N.A. 39/50. Regulations-Fraser, vol. 1, p. 136.

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MAGISTRATES (CORONERS POWERS) ORDINANCE

CHAPTER 14.

MAGISTRATES (CORONERS POWERS).

To abolish the office of coroner, and to make Provision, for
the performance of the duties thereof by magistrates.

[9th june, 1888.]

1. This Ordinance may be cited as the Magistrates
(Coroners Powers) Ordinance.

2. The Governor in Council may make rules for
regulating the practice and procedure at or in connexion
with inquiries and post mortem examinations.

3.The duties hitherto performed by the coroner shall
be performed by the magistrates or any of them as the
Governor may direct, (hereinafter called the magistrate),
who shall have, in relation to such duties, all the powers
and privileges which a coroner had by law at the com
mencement of this Ordinance. [4

4. (1) The Governor may by order under his hand,
set apart suitable places for the reception of dead bodies
for the purpose of post mortem examination, and may make
regulations for the management of such places.

(2) The magistrate may order the removal of any dead
body to and from such place for the purpose of any post
external examination, and may order the cost of such
removal to be defrayed from public funds. [5

5. (1) Whenever a dead body is brought to a hos-
pital, the medical officer in charge of the hospital, or such
other Government medical officer or registered medical
practitioner as he may depute, shall make a preliminary
external examination of the body and report in writing to
the magistrate, who may, if lie considers it necessary, order
an autopsy.

(2) The medical officer who makes the autopsy shall
further report to the magistrate on the cause of death. [6





6. (1) Subject to the provisions of sections 14 and
16, and to any rules under section 2, whenever any person
dies suddenly, or by accident or violence, or under sus-
picious circumstances, or whenever any dead body is found
within the Colony or is brought into the Colony, the
magistrate maym if he considers an inquiry to be necessary,
inquire into the cause of death of such person without a
jury, or, if he thinks fit, with a jury of three persons as
hereinafter provided, and, in his discretion, with or without
view of the body, and may determine the cause of death.

(2) Such inquiry may be held notwithstanding that the
cause of death did not arise within the Colony. [7

7. (1) Whenever judgment of death is executed on
any offender, the magistrate shall, within twenty-four hours
after the execution (or forty-eight hours if a general holiday
intervenes in respect of which the magistrates are not
exempted from the operation of the Holidays Ordinance),
with a jury of three persons as hereinafter provided, inquire
into and ascertain the identity of the body and the cause
of death, and whether judgment of death was duly executed
on the offender.

(2) Whenever any prisoner dies in prison, the magis-
trate shall, with a jury of three persons as hereinafter
as soon as practicable inquire into the cause of
death.

(3) At any inquiry under this section the magistrate
shall view the body : but it shall not be necessary for the
jury to view the body unless it appears to the magistrate
or to the greater number of the jurors expedient that the
jury should do so. [8

8. (1) Whenever the magistrate requires a jury under
section 6 or 7, the Registrar of the Supreme Court
shall, on receipt of a requisition from the magistrate, draw
either from the common jurors ballot box or from the
special jurors ballot box, as the magistrate may direct, the
names of six jurors to form a panel, and shall transmit
such panel to the magistrate.

(2) Ali the provisions of the jury Ordinance, shall
apply, as far as may be, to such drawing, in the same





manner as if the jurors were required for a jury in the
Supreme Court. [9

9. (1) The magistrate's clerk shall, before the hold-
ing of any inquiry at which a jury may be necessary, issue
forms of summons, according to Form I in the Schedule,
requiring the attendance of the jurors drawn.

(2) Every such summons shall be personally, served on
or left at the usual place of abode of the juror so sum-
moned.

(3) Any juror who fails, without reasonable excuse,
to attend at such inquiry or at any adjournment thereof
shall be liable to a fine of two hundred and fifty dollars,
which may be recovered summarily, but the magistrate
before whom the juror is required to attend may remit such
fine, if he sees fit.

(4) The magistrate shall select the three jurors required
from the panel by ballot, and may, if necessary, require
any bystander to serve as a juror, but no officer of the
prison or prisoner comfined therein shall serve as a juror
in any such inquiry. [10

10. The jury may be sworn or declared according to
Form 2 or 3 in the Schedule, and the oath may be adminis
tered to or the declaration made by two or more jurors
at once. [11

11. (I) Whenever in inquiry is made with a jury, it
shall be the duty of the magistrate making such inquiry
to record in writing the finding of the jury and it shall
be the duty of the jurors to sign the same.

(2) In any case under section 7 it shall be the duty
of the magistrate to furnish to the Commissioner of Prisons
a copy of the finding of the jury, signed by him.

(3) At every inquiry without a jury the magistrate
shall record his finding on the evidence. [12

12. (I) The magistrate may adjourn any inquiry, and
may, if he considers it necessary, use the same jury for a
second or subsequent inquiry.





(2) The magistrate shall, in the absence of reason to
the contrary, adjourn all inquiry if, before the close of the
inquiry, any person has been clharged before him or some
other magistrate with the murder, manslaughter or. infan-
ticide of the person whose death is the subject of the
inquiry.

(3) Whenever the magistrate resumes an inquiry which
has bcen adjourned in accordance with the provisions of
Subsection (1) Or (2), and the jury has been discharged
and a new jury empanelled, the magistrate shall proceed
in all respects as if the inquiry had not previously been
begun, and the provisions of this Ordinance shall apply
accordingly as the resumed inquiry were a fresh inquiry
Provided that the deposition of a witness who was examined
at the original. inquiry and is dead or unable. to be present
at the resumed inquiry may be read as evidence at the
resumed inquiry.

(4) If the inquiry resumed as aforesaid is an inquiry
by the magistrate without a jury, or. with the jury em-
pallelled at tile original inquiry, the magistrate may proceed
at the resumed inquiry as if the inquiry had not been
adjourned. [13

13.(I) (a) The magistrate shall have in relation to
the inquiries provided for in sections 6 and 7, the
same powers in all respects as he possesses or may
possess in relation to ally other proceedings taken
before him, and may, at the conclusion of any
such Inquiry, issue his warrant in Form 5 in the
Schedule, for the apprehension and committal to
prison of any person to be brought before him or
some other magistrate to be prosecuted according
to law, and he may bind over any witness who
shall have been examined at the inquiry in a re-
cognizance with or without surety to appear and
give evidence in such prosecution: Provided that
no person who has been charged on indictment
may be charged with any offence of which he could
have been convicted on the indictment.
(b)Every person who has been committed to prison
as aforesaid may at any time require from the
magistrate's clerk copies of the depositions on





which such committal has been made, on payment
of the like fees as are by law payable for copies
of depositions under subsection (4) of section 86
of the Magistrates Ordinance.
(c)When the magistrate has committed any person to
prison under the provisions of this section any
magistrate may, if lie thinks fit, admit such person
to bail in the same cases and in the same inanner
as is provided in section ioo of the Magistrates
Ordinance, and thereupon such person, if in cus-
tody, shall be discharged therefrom.
(2) The magistrate shall have power to make such
order as may be necessary for the purposes of any inquiry
which he is empowered by this Ordinance to hold, or with
regard to the disposal of any, body which may be the
subject of such inquiry. [14

14. The Attorney General may require the magistrate
to hold an inquiry into the cause of and the circumstances
connected with the death of any person. [16

15. Whenever any inquiry as to the cause of a death
has been held by the magistrate without a jury, the
irate shall forthwith return the depositions taken by hini
on such inquiry to the Attorney General, together with a
certificate in Form 4 in the Schedule duly filled up and
signed by him. [17

16. Where the proceedings at any inquiry have been
closed by the magistrate and it appears to the Attorney
General that further investigation is necessary, the Attorney
General may require the magistrate to reopen such inquiry
and make further investigation, and thereupon the magis-
trate shall reopen the inquiry and make further investiga-
tion and thereafter proceed in the same manner as if the
proceedings at such inquiry had not been closed. [18

17. The following fees shall be payable to any medical
practitioner, not being an officer of the Government, who
has made an autopsy in pursuance of an order from the
magistrate under section 6, or who has attended any inquiry
on summons, as a medical witness-
(a) for an autopsy .............$50.
(b) for attendance to give evidence $25. [20






SCHEDULE.

FORM 1. [s. 9.]
Summons to juror.
Mr. A.B.
You are hereby summoned to appear as a juror at an inquiry
to be held by a magistrate concerning the death of one C.D. at

in this Colony on day, the day of
' 19 , at O'clock m., and there to
attend until you shall be discharged.
Dated the day of 19

(Signed) E.F., Magistrate's clerk.

Note-The penalty for disobedience hereto is any sum not ex-
ceeding two hundred and fifty dollars. Personal service of this
summons is not necessary tD subject the juror summoned to this
penalty.

FORM 2. [s. 10.]
Oath for juror.
I will diligently inquire and true presentment make of all such
matters and things as shall be here given me in charge, on behalf
of Our Sovereign Lord the King touching the death of
now lying dead [of whose body I am to have the view]. I will
present no man for hatred, malice, or ill will; nor spare any through
fear, favour, or affection; but a true verdict give according to the
evidence and the best of my skill and knowledge: So help me God.

FORM 3. [s. 10.]
Declaration for juror.
I do solemnly, sincerely, and truly declare that I will diligently
inquire and true presentment make of all such matters and things
as shall be here given me in charge, on behalf of Our Sovereign Lord
the King, touching the death of now lying dead [of
whose body I am to have the view]. I will present no man for
hatred, malice, or ill will; nor spare any through fear, favour, or
afTection; but a true verdict give according to the evidence and the
best of my skill and knowledge.

FORM 4. [s. 15.]

Certificate of magistrate.
I hereby certify that on the day of 19
I held, under the provisions of the Magistrates (Coroners Powers)
Ordinance, (Chapter 14 of the Revised Edition), and inquiry as to the
cause of a death in and that the following
particulars were then disclosed-
1. Name of deceased.
2. Residence and occupation.
3. Where found, and when, and in what circumstances.





4. Date of death.
5. Cause of death.
6. The names of the persons last seen in the company of the
deceased.
7. Any suspicious circumstances which point to any person or
persons as having caused the death.

Note-The following are the names, residences, and callings of
the witnesses examined-
I have issued my warrant for the arrest of on
a charge of
Dated the day of 19
(Signed) Magistrate.

To be filled up in case the death is supposed to have been
caused by improper means.

FORm 5. [s. 13.]
Warrant of commitment.
To each and all of the police officers of Hong Kong and to the
Commissioner of Prisons.
Whereas at proceedings taken before me, a magistrate of the
said Colony, under the provisions of the Magistrates (Coroners
Powers) Ordinance, (Chapter 14 of the Revised Edition), with respect
to the death of A.B. and duly taken and held this day
of ' 19 , at , it appears to me that
sufficient grounds are disclosed for charging C.D. of
with the offence of , an offence punishable under
section of the Ordinance.
These are, therefore, to command you, the said police officers,
in His Majesty's name forthwith to convey the said C.D. to a prison,
and there to deliver him to the Commissioner of Prisons, with this
precept; and you, the said Commissioner, to receive the said C.D.
into your custody in a prison, and there safely keep him until he
shall be brought before me or such other magistrate as may then
be sitting at the magistrate's court at to be prosecuted for
the said offence according to law on the day of
19 , or on such other day not being more than seven days there-
after as may be directed by the magistrate before whom he is charged
or until he shall earlier be thence discharged by due course of law,
unless you shall otherwise be ordered in the meantime.
Dated the day of 19

[L.S.] (Signed) Magistrate.
Originally 17 of 1888. Fraser. 5 of 1888. 9 of 1950. 22 of 1950. Short title. Rules. [cf. 16 & 17 Geo. 5, c. 59, s. 26.] Performance of duties of coroner. Place for post mortem examination. 29 & 30 Vict. C. 90, s. 28; 38 & 39 Vict. C. 55, s. 143. Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. executions and deaths in prison. [cf. 31 & 32 Vict. C. 24, s. 5.] (Cap. 149.) [cf. 50 & 51 Vict. C. 71, s. 3.] Panel for jury. (Cap. 3.) [s. 8 cont.] Summoning of jurors. Schedule. Form 1. 22 of 1950, Schedule. Procedure with jury. Schedule. Forms 2 and 3. Recording of finding. Adjournment of inquiry. [cf. 16 & 17 Geo. 5, c. 59, s. 20 (1).] [cf. 16 & 17 Geo. 5, c. 59, s. 20 (3).] Powers of magistrate. Schedule. Form 5. [cf. 16 & 17 Geo. 5, c. 59, s. 20 (2).] [s. 13 cont.] (Cap. 227.) [cf. Cap. 174, s. 17.] Power to Attorney General to require inquiry. Forwarding depositions. Schedule. Form 4. Power to Attorney General to direct further investigation in certain cases. Fees for medical evidence. 9 of 1950, Schedule. [Schedule -- cont.]

Originally 17 of 1888. Fraser. 5 of 1888. 9 of 1950. 22 of 1950. Short title. Rules. [cf. 16 & 17 Geo. 5, c. 59, s. 26.] Performance of duties of coroner. Place for post mortem examination. 29 & 30 Vict. C. 90, s. 28; 38 & 39 Vict. C. 55, s. 143. Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. executions and deaths in prison. [cf. 31 & 32 Vict. C. 24, s. 5.] (Cap. 149.) [cf. 50 & 51 Vict. C. 71, s. 3.] Panel for jury. (Cap. 3.) [s. 8 cont.] Summoning of jurors. Schedule. Form 1. 22 of 1950, Schedule. Procedure with jury. Schedule. Forms 2 and 3. Recording of finding. Adjournment of inquiry. [cf. 16 & 17 Geo. 5, c. 59, s. 20 (1).] [cf. 16 & 17 Geo. 5, c. 59, s. 20 (3).] Powers of magistrate. Schedule. Form 5. [cf. 16 & 17 Geo. 5, c. 59, s. 20 (2).] [s. 13 cont.] (Cap. 227.) [cf. Cap. 174, s. 17.] Power to Attorney General to require inquiry. Forwarding depositions. Schedule. Form 4. Power to Attorney General to direct further investigation in certain cases. Fees for medical evidence. 9 of 1950, Schedule. [Schedule -- cont.]

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INFANTS CUSTODY ORDINANCE

CHAPTER 13.

INFANTS CUSTODY.

To amend the law relating to the custody of infants.

[6th December, 1935.]

1. This Ordinance may be cited as the Infants Custody
Ordinance.

2. (I) The court, upon the application of the father or
the mother of any infant, and whether or not the mother is
then residing with the father, may make such order as it
may think fit regarding the custody of such infant and the
right of access thereto of either parent, having regard to the
welfare of the infant, and to the conduct of the parents, and
to the wishes as well of the mother as of the father, and may
further order that the father shall pay to the mother towards
the maintenance of the infant such weekly or other periodical
sum as the court, having regard to the means of the father,
may think reasonable.

(2) No such order, whether for custody or maintenance,
shall be enforceable and no liability shall accrue while the
mother resides with the father, and any such order shall
cease to have effect if for a period of three months after it
is made the mother of the infant continues to reside with
the father.

(3) The court may alter, vary or discharge any order
made under subsection (I) on the application of either parent,
or, after the death of either parent, of any guardian of the
infant, and in every case may make such order respecting
the costs of the moiber and the liability of the father for the
same or otherwise as to costs as the court may think just.

3. No agreement contained in any separation deed
made between the father and mother of an infant shall be
field to be invalid by reason only of its providing that the
father of such infant shall give up the custody or control
thereof to the mother : Provided that no court shall enforce
any such agreement if the court is of opinion that it will
not be for the benefit of the infant to give effect thereto.





4. (1) Any person for the time being under an obliga-
tion to make payments in pursuance of any order for the
payment of money tinder this Ordinance shall give notice of
any change of address to such person, if any, as may be
specified in the order, and any person failing without reason-
able excuse to give such a notice shall be liable on summary
conviction to a fine of two hundred and fifty dollars.

(2) Where the Supreme Court has made any such
order, the court shall, in addition to any other powers for
enforcing compliance with the order, have power, in any
case where there is any pension or income payable to the
person against whom the order is made and capable of being
attached, after giving the person by whom the pension or
income is payable an opportunity of being heard, to order
that such part as the court may think fit of any such pension
or income, be attached and paid to the person named by
the court, and such further order shall be an authority to
the person by whom such pension or income is payable to
make the payment so ordered, and the receipt of the person
to whorn the payment is ordered to be inade shall be a good
discharge to the person by whom the pension or income is
payable.

5. (1) In this Ordinance the expression 'court' shall
also include a magistrate: Provided that a magistrate shall
not be competent-
(a)to entertain any application, other than an applica-
tion for variation or discharge of an existing order
under this Ordinance, relating to an infant who
has attained the age of sixteen years, unless the
infant is physically or mentally incapable of self-
support; or
(b)to award the payment of sums towards the main-
tenance of any infant exceeding thirty dollars a
week.

(2) The provisions of the Magistrates Ordinance, shall
apply to every proceeding before, and every order by a
magistrate under this section, and-
(a)the application may be heard and determined other-
wise than in open court;
(b)where the magistrate considers that the matter is
one which would more conveniently be dealt with





by the Supreme Court, he may refuse to make an
order, and in such case, without prejudice to the
general right of appeal conferred by the Magistrates
Ordinance, no appeal shall lie from the decision of
the magistrate;
(c)an order for the payment of money shall be enforce-
able in like manner as an order for the payment of
a civil debt recoverable summarily before a magis-
trate ;
(d)where an order contains a provision committing to
the applicant the legal custody of any infant a copy
of the order may be served on any person in whose
actual custody the infant may for the time being
be, and thereupon the provision may, without
prejudice to any other remedy open to the applicant,
be enforced under subsection (2) of section 39 of the
Magistrates Ordinance, as if it were an order of the
magistrate requiring that person to give up the
infant to the applicant.
48 of 1935. 9 of 1950. Short title. Court may make orders as to custody and maintenance of infants. 49 & 50 Vict. C. 27, s. 5; 15 & 16 Geo. 5, c, 45, s. 3; 18 & 19 Geo. 5, c. 26, s. 16. Custody of infant in case of separation deed between father and mother. 36 & 37 Vict. c. 12, s. 2. Enforcement of orders for payment of money. 15 & 16 Geo. 5, c. 45, s. 8. 9 of 1950, Schedule. Extension of jurisdiction to magistrates. 15 & 16 Geo. 5, c. 45, s. 7. 9 of 1950, Schedule. (Cap. 227.) (Cap. 227.)

48 of 1935. 9 of 1950. Short title. Court may make orders as to custody and maintenance of infants. 49 & 50 Vict. C. 27, s. 5; 15 & 16 Geo. 5, c, 45, s. 3; 18 & 19 Geo. 5, c. 26, s. 16. Custody of infant in case of separation deed between father and mother. 36 & 37 Vict. c. 12, s. 2. Enforcement of orders for payment of money. 15 & 16 Geo. 5, c. 45, s. 8. 9 of 1950, Schedule. Extension of jurisdiction to magistrates. 15 & 16 Geo. 5, c. 45, s. 7. 9 of 1950, Schedule. (Cap. 227.) (Cap. 227.)

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FIRE INVESTIGATION ORDINANCE

CHAPTER 12.

FIRE INVESTIGATION.

To authorize judicial investigations into the causes of fire.

[18 December, 1895]

1. This Ordinance may be cited as the Fire Investiga-
tion Ordinance.

2. Whenever a fire has taken place on any premises,
or there is reason to suppose that an attempt has been or
is about to be made to set fire to any premises or part there-
of, the Commissioner of Police shall, as soon as possible,
take possession of such premises and of any other premises
where the fire is supposed to have originated, to the exclu-
sion, if he deems it necessary, of the owners and all others ;
and he shall make or cause to be made, by the police officer
in charge of the district or by such police officer as shall be
deputed by the superintendent in charge of the division, a
full and minute inspection of such premises, and shall forth-
with make a written report in detail to a magistrate of the
state of the said premises and of contents, if any, thereof,
furnishing also all such information touching the origin and
circumstances of the fire as he may be able to obtain.

3. On the receipt of such report, the magistrate,
unless, on consideration of the facts stated therein, he is of
opinion that such inquiry is unnecessary, shall proceed to
investigate the causes of the fire, and shall, with as little
delay as practicable, take the depositions upon oath of all
persons likely to know the facts and circumstances and of
all other persons who, in his opinion, may be able to furnish
information in respect thereof.

4. At such investigation any police officer not below
the rank of inspector or the police officer in charge of the
district or such police officer as shall be deputed by the
superintendent in charge of the division and any interested
person may by leave of the magistrate and either personally
or by his counsel or solicitor examine the witnesses and
cause to be examined such persons as may be able to give
information touching the fire or the attempt as aforesaid.





5. If, in the opinion of the magistrate, the investiga-
tion does not disclose any offence or, nithough it discloses
an offence, does not show any reasonable cause for suspect-
ing any person of having committed such offence, the magis-
trate shall close the inquiry and order the release of the
premises: Provided that such closure and release shall be
no bar to any information or proceedings against any person
for an offence against the law.

6. If, in the opinion of the magistrate, the fire is the
result of crime, and there is reasonable cause to suspect
and he does suspect any person of having committed an
offence against the law, he shall have power to commit such
person to prison to answer any charge that may be brought
against him or to require him to give security, to his satis-
faction, to appear and surrender to answer any such charge.,
and, on such charge, the magistrate may take the evidence
as in other cases.

7. For the purposes of this Ordinance, and in relation
to all investigations held thereunder, and for the summoning
of witnesses, and for all proceedings in connexion with such
investigations, the magistrate shall have all the powers
possessed by a magistrate in relation to cases of indictable
offences, and the Commissioner of Police shall render him
all proper and necessary assistance.

8. Except on an order from the magistrate, who may,
on good cause shown, give such order, any person who
removes or attempts to remove any property from premises
in possession of the police under this Ordinance shall upon
summary conviction be liable to a fine of five hundred
dollars, or to imprisonment for six months.

9. The provisions of this Ordinance shall apply to a
ship or boat or any other description of vessel used in naviga-
tion, not being a vessel exceeding sixty tons, in the same
manner as such provisions apply to premises, and in respect
of any such vessel the report referred to in section 2
shall be given to a marine magistrate, and the duties and
powers to be exercised under this Ordinance by a magistrate
shall be exercised by such marine magistrate.
Originally 29 of 1895. Fraser. 8 of 1895. 12 of 1940. 9 of 1950. 22 of 1950. Short title. In case of fire Commissioner of Police to take possession of premises and report. 12 of 1940, s. 2. Inquiry by magistrate into causes of fire. Examination of witnesses. 12 of 1940, s. 3. Close of inquiry and release of premises. Committal of suspected person answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc. 22 of 1950, Schedule. Application to vessels. 9 of 1950, Schedule.

Originally 29 of 1895. Fraser. 8 of 1895. 12 of 1940. 9 of 1950. 22 of 1950. Short title. In case of fire Commissioner of Police to take possession of premises and report. 12 of 1940, s. 2. Inquiry by magistrate into causes of fire. Examination of witnesses. 12 of 1940, s. 3. Close of inquiry and release of premises. Committal of suspected person answer charge. Power to summon witnesses, etc. Removing property from premises burned, etc. 22 of 1950, Schedule. Application to vessels. 9 of 1950, Schedule.

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STATUTORY DECLARATIONS ORDINANCE

CHAPTER 11.
STATUTORY DECLARATIONS.
Concerning statutory declarations.
[4th September, 1893.]

WHEREAS, by an Act of Parliament known as 'The
Statutory Declarations Act, 1835,' after reciting that it
might be necessary and proper in many cases not
therein specified to require confirmation of written in-
struments or allegations or proof of debts or of the
execution of deeds or other matters, it was enacted
(amongst other things) that it should and might be law-
ful for any justice of the peace, notary public, or other
officer then by law authorized to administer an oath
to take and receive the declaration of any person volun-
tarily making the same before him in the form in the
Schedule thereto annexed, and that if any declaration so
made should be false or untrue in any material particular
the person wilfully making such false declaration should
be deemed guilty of a misdemeanor; AND WHEREAS it has
been the practice for justices of the peace and others in
this Colony to take and receive declarations purporting
to be made by, virtue of the provisions of the said Act;
AND WHEREAS doubts have arisen whether or not the
said enactment extends to and is in force in this
Colony and whether or not the said practice is legal,
and it is expedient to remove such doubts, and to make
further provision regarding statutory declarations-

1. This Ordinance may be cited as the Statutory
Declarations Ordinance.

2. The Statutory Declarations Act, 1835, shall be
deemed to be in force in this Colony and to have so been
from the date when the Colony obtained a local legislature,
that is to say, from the 5th day of April, 1843.

3. A declaration made in Form I or 2, as the case
may be, in the Schedule shall be deemed to be a statutory
declaration made by virtue of the provisions of the said Act
and shall be sufficient for all purposes.

4. Where the declarant is unacquainted with the
English language the declaration shall be in Form 2 in the
Schedule, the interpreter having been first declared as in





Form 3 in the Schedule, or sworn to the like effect. The
declaration of the interpreter sfiall be deemed to be ~a statu-
tory declaration.

SCHEDULE.
FORM 1. [s. 3.]
Declaration
I, A.B., do solemnly and sincerely declare that
and I make this solemn declaration conscientiously
believing the same to be true and by virtue of the provisions of the
Statutory Declarations Act, 1835.
(Signed.) A.B.
Declared at in Hong Kong* this day* of
19
Before me,
[Name and designation of the justice, notary
public, or other authorized officer.]

FORM 2. [ss. 3 and 4.]
Declaration by a person who does not understand the
English language.
I, A.B., do solemnly and sincerely declare that
and I make this solemn declaration conscientiously believing the
same to be true and by virtue of the provisions of the Statutory
Declarations Act, 1835.
(Signed.) A.B.
Declared at in Hong Kong* this day of
19 , through the interpretation of of
the said having been also first declared [or sworn:
as the case may be] that he had truly, distinctly, and audibly
interpreted the contents of this document to the declarant, and that
he would truly and faithfully interpret the declaration about to be
administered to him.
Before me,
[Name and designation of the justice, notary
public, or other authorized officer.]

FORM 3. [s. 4.]
Declaration or oath by interpreter.
I, C.D., do solemnly and sincerely declare* that I well understand
the English and Chinese [or as the case may be] languages and that
I have truly, distinctly, and audibly interpreted the contents of this
document to the declarant A.B., and that I will truly and faithfully
interpret the declaration about to be administered to him.
(Signed.) C.D.
Interpreter.
Declared at in Hong Kongt this day of
19
Before me,
[Name and designation of the justice, notary
public, or other authorized officer.]
Originally 12 of 1893. Fraser. 8 of 1893. (5 & 6 Will. 4, c. 62.) Short title. Enactment of Statutory Declarations Act, 1835. Form of declaration. Schedule. Forms 1 and 2. Declaration by foreigner. Schedule. Forms 2 and 3. [s. 4 cont.] *Or as the case may be. *Or as the case may be. *In case of 'Oath' substitute the word 'swear' for the words 'solemnly and sincerely declare.' *Or as the case may be.

Originally 12 of 1893. Fraser. 8 of 1893. (5 & 6 Will. 4, c. 62.) Short title. Enactment of Statutory Declarations Act, 1835. Form of declaration. Schedule. Forms 1 and 2. Declaration by foreigner. Schedule. Forms 2 and 3. [s. 4 cont.] *Or as the case may be. *Or as the case may be. *In case of 'Oath' substitute the word 'swear' for the words 'solemnly and sincerely declare.' *Or as the case may be.

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PROBATE AND ADMINISTRATION ORDINANCE

CHAPTER 10.
THE PROBATE AND ADMINISTRATION ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section Page

1. Short title ............................. ... ... ... ... ... 299
2. Interpretation ..................... . ... ... ... ... 299

Part I-JURISDICTION AND POWERS
OF THE COURT.

3. General jurisdiction of the court in matters of probate and
administration.................. ... ... ... ... .
.......... 299
4. Power of altering probate, etc., already granted ... ... 300
5. Prohibition of officer of the court practising ... ... ... 300
6. Sealing of documents .................... ... ... ... ... 300
7. Powers as to requiring attendance of and examining parties
and witnesses ......................... ... ... ... ... 300
8. General powers of enforcing proedss ..... ... ... ... ... 301
9. Power of ordering production of testamentary writings 301
10. Administration of oaths, etc. ........ ... ... ... ... 302

Part II.-THE OFFICIAL ADMINISTRATOR.

11. Registrar to be Official Administrator ... ... ... ... 302
12. Effect of grant to Official Administrator ... ... ... ... 302
13. Re-vesting of property on vacation of office ... ... 302
14. (1) Power to Official Administrator to take possession of
property of deceased person until grant ... ... ... 303
(2) Estates of U.S.A. Citizens .......... ... ... ... ... 303
15. Punishment of person unlawfully removing out of the
Colony property of deceased person ..... ... ... ... 303
16. Lien on property of deceased person for expenses incurred
under s. 14 ............................ ... ... ... ... ... 303
17. Person having or finding will to produce it ... ... ... 303
18. Vesting of estate of deceased person in Official Administrator 304
19. Summary administration of intestates' estates not exceeding
$2,500 ................................. 304
20. Cases in which Official Administrator is entitled to adminis-
tration ................................ ... ... ... ... ... 304
21. Saving as to estates of certain persons ... ... ... ... 305
22. Power of limiting grant ................ ... ... ... ... ... 305
23. Period for closing administration of estate . ... ... ... 305
24. Commission on moneys received .......... ... ... ... ... 305
25. Keeping of books of account ............ ... ... ... ... 306
26. Copies of documents and accounts .... ... ... ... ... ... 306
27. Half-yearly returns. Schedule .......... ... ... ... ... 306
28. Redress against action of Official Administrator ... ... 306





Part III.-GRANTING AND REVOCATION
OF PROBATES, ETC.

Caveat.
Section Page
29. Practice as to caveat against grant .... ... ... ... ... 307

Executorship.
30. Effect of executor renouncing probate.... ... 307
31. Effect of executor not taking probate ... ... ... ... ... 307

Administration.
32. Appointment of administrator of intestate's estate ... 307
33. Grant of special administration where executor or adminis-
trator is out of jurisdiction ......... ... ... ... ... 308
34. Payment of costs relating to special administration ... 308
35. Case of infant being sole executor... 309
36. Prohibition of executor acting pending administration ... 309

Administration pendente lite.
37. Appointment of administrator pendente lite ... ... ... 309
38. Administration pending appeal .......... ... ... ... ... 309

Administration bond.
39. Bond to be given by administrator ... ... ... ... 310
40. Amount of bond ......................... ... ... ... ... 310

Revocation of grant.

41. Validation of payments made under probate or administra-
tion subsequently revoked ............. ... ... ... ... 310
42. Validation of payments made under defective probate or
administration ......................... ... ... ... ... 310
43. Continuance of proceedings begun under temporary adminis-
tration subsepuently revoked ............... ... ... ... 310
Practice.
44. Practice in matters not providjd for ... ... ... 311
45. Sittings in chambers ................... ... ... ... ... 311
46. Powers of judge sitting in chambers.. 311
47. Powers of the court with regard to costs ... ... ... ... 311

Evidence.
48. Examination of parties and witnesses . ... ... ... ... 311
49. Use of affidavit sworn out of the Colony ... ... ... ... 312
50. Rules of evidence ...................... ... ... ... ... ... S3 12

Trial of question of fact by jury.
51. Power to order question of fact to be tried by jury ... 312
52. Procedure and powers on trial of question of fact by jury 312
53. Form of question of fact to be tried, etc. 313





Part IV.-RULES FOR ADMINISTRATION
Section OF PROPERTY. Page
54. Specialty and simple contract debts to stand in equal degree 313
55. Power to the court to make an order limiting time for
creditors to send in claims against estate ... ... 313
56. Allowance of remuneration to executor, administrator or
attorney .............................. ... ... ... ... ... 314
57. Proof of Chinese law as to administration of property of
deceased person ....................... ... ... ... ... ... 315

Part V.-SPECIAL AND EXCEPTED CASES.
Estate of small value.
58. Summary procedure for administration of estate of person
under $2,500 in value ................. ... ... 315

Small sums payable by public departments to
deceased persons.
59. Power of Accountant General where sum not exceeding
$2,500 is payable to deceased person ...... ... ... ... 316
60. Validity of payment made under s. 59 ... ... ... ... 316

Estates of subordinate police and prisons officers.
61. Summary administration of estates of subordinate police and
prisons officers ....................... ... ... ... ... ... 316

Estates of persons dying on voyages to the Colony.
62. Administration of estate of passenger dying on voyage to
the Colony ........................... ... ... ... ... ... 317

Part VI-SEALING OF PROBATES AND LETTERS
OF ADMINISTRATION GRANTED BY BRITISH
COURTS OUTSIDE THE COLONY.
63...........Interpretation ................ ... ... ... ... ... ... ... 319
64. Sealing of probates and letters of administration granted
by British courts outside the Colony ....... ... ... ... 319
65. Conditions to be fulfilled before sealing ... ... ... ... 320
66. Security for payment of debts .......... ... ... ... ... 320
67. Duplicate or copy admissible ........... ... ... ... ... 320
68. Rules as to practice under this Part ... ... ... 320

Part VIL-MISCELLANEOUS.
69. General rules and orders relating to practice, duties of
officers, fees, and records ............ ... ... ... ... 321
70. Application of rules and orders of Probate Division of High
Court in England ....................... ... ... ... ... 321
71. Copy of will, etc . .................... ... ... ... ... ... 321
72. Continuance to successors in office of administrations granted
to Official Administrator .............. ... ... ... ... 322

SCHEDULE.

Form of Return of Estates of Intestates.





CHAPTER 10.

PROBATE AND ADMINISTRATION.

To consolidate and amend the laws relating to Probates an
letters of administration.

[15th May, 1897.]

1. This Ordinance may be cited as the Probate and
Administration Ordinance.

2. In this Ordinance-
'administration' comprehends all letters of administration
of the estates of deceased persons, whether with or with-
out a will annexed, and whether granted for general,
special, or limited purposes;
'court' means the Supreme Court exercising jurisdiction
under this Ordinance;
'estate' or 'property' of a deceased person means the
personal estate and effects of whatever kind of such
person, and includes property passing on the death of
such person;
'estate duty' means estate duty under the Estate Duty
Ordinance;
'matters and causes testamentary' comprehend all matters
and causes relating to the granting and revocation of
probate of wills and of administration;
'next of kin' includes persons entitled in their own right
to property passing on the death of any person.

PART I.

JURISDICTION AND POWERS OF THE COURT.

3. (1) The voluntary and contentious jurisdiction and
authority in relation to the granting and revocation of
probate of wills and of letters of administration of the estates
of deceased persons, together with full authority to hear and
determine all questions relating to matters and causes testa-
mentary, shall as heretofore belong to and be vested in and
be exercised in the name of His Majesty by the court.

(2) The court shall as heretofore, for the purposes of
this Ordinance, be deemed a court of probate and shall be





a court of record, and shall have the same powers, and its
grants and orders shall have the same effect, in this Colony,
and in relation to the estates in this Colony of deceased
persons, as the Supreme Court and its grants and orders
respectively now have or hitherto have had in relation to
matters and causes testamentary and estates of deceased
persons within the jurisdiction of the Supreme Court; and
all duties which are or have been imposed on or should be
performed by the Supreme Court in respect of probates,
administrations, and matters and causes testamentary shall
be performed by the court under the probate jurisdiction
hereby continued: Provided that no suits for legacies, or
suits for the distribution of residues, shall be entertained
by the court in its probate jurisdiction.

4. The judge shall have and may exercise full power
of altering and amending any grant of probate or of
administration, whether made before or after the commence-
ment of this Ordinance.

5. No officer or clerk of the court shall, during the time
of his holding such office, directly or indirectly practise as
a barrister or solicitor, or receive or participate in the fees
of any other person so practising.

6. All probates, administrations, orders and other
instruments, and all exemplifications and copies thereof,
shall respectively be sealed with the seal of the court; and
any such document purporting to be so scaled shall be
received in evidence, in any cause or proceeding of whatever
kind, without further proof thereof.

7. (1) The court may require the attendance of any
party in person, or of any person whom it may think fit to
examine or cause to be examined, in any action or other
proceeding in respect of matters or causes testamentary, and
may examine or cause to be examined upon oath parties and
witnesses by word of mouth, and may, either before or after
or with Or Without such examination, cause them or any of
them to be examined upon interrogatories or receive their or
any of their affidavits.

(2) The court may by writ require the attendance of any
such party or witness, and order to be produced before itself





or otherwise any deeds, evidences, or writings, in the same
form, as nearly as may be, as that in which a writ of subpcena
ad testificandum or of subpcena duces tecum is now issued
by the Supreme Court in its original jurisdiction.

8. The court shall have the like powers, jurisdiction,
and authority for enforcing the attendance of persons
required by it as aforesaid, and for punishing persons
failing, neglecting, or refusing to produce deeds, evidences,
or writings, or refusing to appear, or to be sworn, or to give
evidence, or guilty of contempt, and generally for enforcing
all orders, decrees, and judgments made or given by the
court under this Ordinance and otherwise in relation to the
matters to be inquired into and done by or under the orders
of the court under this Ordinance as are for the time being
vested by law in the Supreme Court for such purposes in
relation to any action or matter depending in the said court
in its original jurisdiction.

9. (1) The court may, on motion or petition or other-
wise, in a summary way, whether any action or other pro-
ceeding is or is not pending in the court with respect to
any probate or administration, order any person to produce
and bring into the Registry of the court, or otherwise as
the court may direct, any paper or writing being or purport-
ing to be testamentary which may be shown to be in the
possession or under the control of such person.

(2) If it is not shown that any such paper or writing
is in the possession or under the control of such person, but
it appears that there are reasonable grounds for believing
that he has knowledge of any such paper or writing, the
court may direct such person to attend for the purpose of
being examined in open court or upon interrogatories
respecting the same, and such person shall be bound to
answer such questions or interrogatories, and, if so ordered,
to produce and bring in such paper or writing, and shall be
subject to the like process of contempt in case of default in
not attending or in not answering such questions or inter-
rogatories, or not bringing in such paper or writing, as he
would have been subject to in case he had been a party to
an action in the court and had made such default.





10. (1) The Registrar of the court, and any other
person whom the Chief Justice may, under the seal of the
Supreme Court, appoint for that purpose shall respectively
have full power to administer oaths and to perform such
other duties in reference to matters and causes testamentary
as may be assigned to them by any rules and orders made
under this Ordinance.

(2) Every commissioner for taking oaths in the Supreme
Court in its original jurisdiction shall be a commissioner
for taking oaths in the court.

PART II.

THE OFFICIAL ADMINISTRATOR.

11. (1) The Registrar of the court shall be ex officio
Official Administrator under this Ordinance.

(2) In all cases the Official Administrator shall be sub-
ject to the immediate control and act under the direction of
the court.

(3) The Official Administrator may employ a solicitor
or other agent to do any business which may be sanctioned
by the court.
(4) Applications by the Official Administrator to the
court may be made personally, and without notice or other
formality; but the court may in any case order that an
application be renewed in a formal manner, and that such
notice thereof be given to any person likely to be affected
thereby as the court may direct.

12. A grant of administration to the Official Adminis-
trator, whether the name of the grantee, the officer holding
the appointment at the time of the grant, is or is not men-
tioned therein, shall be deemed to have been made and to
be made, as the case may be, to him and his successors in
office.

13. All property vested in the Official Administrator
for the time being by virtue of any grant of administration
made to him or any predecessor in office or otherwise shall,
on his vacating or otherwise ceasing to hold the office, be
deemed to be vested in his successor without, any further
transfer or conveyance.





14. (1) It shall be lawful for the Official Administrator,
whenever he thinks it expedient to do so and upon such
evidence of death as he deems sufficient, to receive or take
possession of the private papers, moneys, goods, chattels,
and other movable property whatsoever of any deceased
person which may be found within the Colony, and to
provide for the safe custody thereof, until probate of the
will of such deceased person or administration of his estate
has been granted by the court: Provided always that the
Official Administrator may, in lieu thereof, if he thinks fit,
issue forthwith a commission of appraisement of all or any
of such property.

(2) In case of the death of any citizen of the United
States of America in the Colony, the Official Administrator
shall at once inform the nearest consular officer of the said
United States of the fact, in order that the necessary
information may be immediately forwarded to persons
interested. The said consular officer shall have the right
to appear, either personally or by delegate, in all proceedings
on behalf of the absent heirs or creditors until they are
otherwise represented.

15. Any person who, without lawful authority or
excuse in that behalf-
(a)removes or attempts to remove out of the Colony
any such property as is mentioned in section 14; or
(b)destroys, conceals, or refuses to yield up any such
property on demand to the Official Administrator,
shall upon summary conviction be liable to a fine of two
thousand dollars, and to imprisonment, without hard labour,
for six months.

16. The Official Administrator shall have a lien upon
all property mentioned in section 14 for the reasonable
expenses incurred by him in respect thereof in carrying out
the provisions of the said section, and such expenses shall
also constitute a primary charge on the estate of the deceased
person.

17. (1) When any person dies leaving a will within
the Colony, the person in whose keeping such will has been
deposited, or who finds such will after the testator's death,





shall produce, and, if required, shall deliver, the same to
the Official Administrator within fourteen days after the
death of the testator, or from the time when lie has had
notice thereof, or from the time of the finding of the will,
as the case may be.

(2) Any person who refuses or neglects to comply with
the requirements of this section shall upon summary con-
viction be liable to a fine of two thousand dollars.

18. Where any person dies, whether in the Colony or
elsewhere, leaving estate in the Colony in respect of which
he dies intestate, such estate shall vest in the Official
Administrator who may, if he thinks fit, receive and take
possession of the same until administration is granted in
respect thereof.

19. Where the whole of such estate does not, in the
opinion of the Official Administrator, exceed in value the
sum of two thousand five hundred dollars, it shall be lawful
for him, if he thinks fit, without any legal formality, to get
in and administer the same in a summary manner, for the
benefit of the persons he may deem interested therein, with-
out a grant or other legal formality.

20. (1) On application made by the Official Adminis-
trator, the court shall, unless it sees good reason to the con-
trary, grant to him administration in any of the following
cases-
(a)where a person dying intestate, whether in this
Colony or elsewhere, has left property situate in the
Colony and no next of kin of such person are
resident in the Colony;
(b)where a person dying intestate, whether in this
Colony or elsewhere, has left property situate in the
Colony and the next of kin of such person who
are resident in the Colony file in the Registry of
the court a request for or consent to the making of
such grant, in writing signed by them;
(c)where a person dying intestate, whether in this
Colony or elsewhere, has left property situate in the
Colony and no person has, within twelve months
after the death of such person, obtained administra-
tion of his estate ; and





(d)where a person dying intestate, whether in this
Colony or elsewhere, has left property situate in
the Colony and the next of kin of such person who
are resident in the Colony are infants under the age
of twenty-one years.

(2) The provisions of this section shall apply, with the
necessary modifications, in the case of a person who dies
testate, whether in this Colony or elsewhere, but without
appointing an executor, or whose executor, if appointed,
refuses, neglects, or is unable. to act.

21. Nothing in this Ordinance shall be construed to
enable or require the Official Administrator to obtain
administration of the estate of any person dying in the naval,
military, or air services of His Majesty and subject to the
Articles of War, or of any deceased seaman or apprentice
for the administration of whose estate provision is made by
any Act of Parliament, or of any person for the administra-
tion of whose estate special provision is otherwise made in
Part V.

22. Any grant made to the Official Administrator under
this Ordinance may be limited in respect of time or in any
other respect as to the court may seem fit.

23. Subject to the special direction of the court to the
contrary in any particular case, the Official Administrator
shall bring the administration of every estate of which he
has obtained administration to a close within the period
fixed by law for that purpose in the case of an ordinary
administrator.

24. A commission at the rate of five Per cent on the first
one thousand dollars, two and one half per cent on the next
four thousand dollars and one per cent on the balance, or
such lower rate or rates as the court may approve on the
application of the Official Administrator in the case of any
particular estate, shall be chargeable on the gross value of
all property of whatsoever nature received or taken posses-
sion of, or realized or otherwise dealt with, by the Official
Administrator under this Ordinance.





25. (1) The Official Administrator shall keep a general
register of all estates under his administration, a cash book,
and a ledger or account current book, and such other books
as he may find necessary or may be prescribed.

(2) He shall enter in books, to be kept by him for that
purpose, separate and distinct accounts of each estate and
of all property of every description which may come to his
hands, and also of all payments made by him on account of
each estate, specifying the dates of such receipts and pay-
ments respectively.

(3) Each book shall be kept in the Registry of the
court, and shall be open during office hours for the inspec-
tion of any person who has occasion to inspect the same, on
payment of the prescribed fee. [26

26. (1) The Official Administrator shall give to any
person who applies for the same copies of all documents
and accounts in his possession relating to any estate under
his administration or to any property which he receives or
of which he takes possession under this Ordinance, on pay-
ment of the prescribed fees.

(2) If any such copy is refused, the applicant may
petition the court in a summary way for an order on the
Official Administrator to give such copy; and the costs of
any such petition and order shall be paid by the Official
Administrator, if the court so directs. [27

27. The Official Administrator shall, on the expiration
of each half-year, make out and furnish to the Chief justice
and to the Colonial Secretary a return, according to the
form in the Schedule, of all estates vested in or administered
by him during the half-year then expired, and he shall pay
into the hands of the Accountant General the balance
remaining in respect of each such estate immediately after
the same has been closed. [28

28. No action shall be brought against the Official
Administrator for anything done by him in respect of the
execution or the intended execution of any power vested in
him by this Ordinance, or for anything done by him in the
exercise of his office as administrator under any grant of





letters of administration made to him under this Ordinance,
if it was done bona fide; but any person who feels aggrieved
thereby may apply for redress to the court by summary
petition verified upon oath, and the court may thereupon
take such evidence as it thinks fit, and may make any order
in relation to the matter which the justice of the case
requires. [29

PART III.
GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat.

29. (1). A caveat against the grant of any probate or
administration may be lodged in the Registry of the court.

(2) Subject to any rules or orders made under this
Ordinance, the practice and procedure of the court in respect
of any such caveat shall, as nearly as may be, correspond
with the practice and procedure hitherto in use in respect
of such caveats. [30

Executorship.

30. Where any person renounces probate of the will of
which he is appointed executor or one of the executors, the
right of such person in respect of the executorship shall
wholly cease, and the representation of the testator and the
administration of his estate shall, without any further re-
nunciation, go, devolve, and be committed in like manner as
if such person had not been appointed executor. [31

31. Whenever an executor appointed in a will survives
the testator but dies without having taken probate, or, having
been cited to take probate, does not appear to such citation,
the right of such person in respect of the executorship shall
wholly cease, and the representation of the testator and the
administration of his estate shall go, devolve, and be com-
mitted in like manner as if such person had not been
appointed executor. [32

Administration.

32. Where a person dies wholly intestate as to his
personal estate or leaving a will affecting personal estate but
without having appointed an executor thereof willing and





competent to take probate, or where the executor is, at the
time of the death of such person, resident out of the Colony,
or where it appears to the court to be necessary or convenient
to appoint some person to be the administrator of the per-
sonal estate of the deceased person or of any part of such
estate, other than the person who, if this Ordinance had not
been passed, would by law have been entitled to a grant of
administration of such personal estate, it shall be lawful for
the court, in its discretion, to appoint such person as the
court thinks fit to be such administrator, on his giving such
security, if any, as may be required under this Part or as
the court may direct, and every such administration may
be limited in such manner as the court thinks fit. [33

33. (1) At the expiration of twelve months from the
death of any deceased person, if the executor or executors
to whom probate of the will has been granted, or the person
or persons to whom administration has been granted, is or
are residing out of the jurisdiction of the court, it shall be
lawful for the court, on the application of any creditor, next
of kin, or legatee, grounded on an affidavit made for that
purpose, to grant such special administration as it may think
fit of the estate of such deceased person.

(2) It shall be lawful for the court, on application made
for that purpose by any person interested, to direct any
shares or stock in any joint-stock company to be transferred
into the name of the Registrar of the court, in trust for such
purposes as the court may direct, in any action in which
the person to whom such special administration has been
granted is a party: Provided, nevertheless, that if any
executor or administrator of such deceased person, being
capable of acting as such, returns to and resides within
the jurisdiction of the court, the court may, if it thinks fit,
revoke such special grant: Provided, also, that if any
action is pending in any court in relation to the estate of
such deceased person, such executor or administrator shall
be entitled to be made a party thereto. [34

34. The costs incurred by granting any such special
administration shall be paid by such person or out of such
fund as the court may direct, and the costs incurred by
proceeding in any action against any such administrator






shall be paid by such person or out of such fund as the
court in which the action is pending may direct. [35

35. (1) Where an infant is sole executor of any
deceased person, administration with the will annexed shall
be granted to the guardian of such infant, or to such other
person as the court may think fit, until such infant has
attained the full age of twenty-one years, at which period,
and not before, probate of the will shall be granted to him.

(2) The person to whom such administration is granted
shall have the same powers vested in him as an administrator
now has by virtue of an administration granted to him
durante minore cetate of the next of kin. [36

36. After any grant of administration, no person shall
have power to sue or prosecute any action, or otherwise to
act as executor of the deceased person, as to the personal
estate comprised in or affected by such grant of administra-
tion, until such administration has been recalled or
revoked. [37

Administration pendente lite.

37. (1) Pending any action touching the validity of the
will of any deceased person, or for obtaining, recalling, or
revoking any probate or any grant of administration, the
court may appoint an administrator of the estate of such
deceased person.

(2) The administrator so appointed shall have all the
rights and powers of a general administrator, other than
the right of distributing the residue of such estate.

(3) Every such administrator shall be subject to the
immediate control of the court and act under its direction. [38

38. All the provisions of section 37 relating to grants
of administration pending action shall be deemed to apply
to the case of an appeal to His Majesty in Council from any
decision of the court. [39





Administration bond.

39. Every person (other than the Official Administrator)
to whom any grant of administration is committed shall,
unless the court otherwise directs, give a bond, with (if the
court requires) one or more surety or sureties, conditioned
for duly collecting, getting in, and administering the estate
of the deceased person, and the bond shall be in such form
as the judge may direct. [40

40. Every such bond shall be in a penalty of double
the amount under which the estate of the deceased person
is sworn, unless the court in any case thinks fit to direct
the same to be reduced, in which case it shall be lawful for
the court to do so; and the court may also direct that more
bonds than one shall be given so as to limit the liability of
any surety to such amount as, the court thinks reason
able. [41

Revocation of grant.

41. When any probate or administration is revoked, all
payments bona fide made to any executor or administrator
under such probate or administration before the revocation
thereof shall be a legal discharge to the person making the
same, and the executor or administrator who has acted under
any such revoked probate or administration may retain and
reimburse himself in respect of any payments made by him
which the person to whom probate or administration is after
wards granted might have lawfully made. [42

42. All persons making or permitting to be made any
payment or transfer bona fide upon any probate or adminis-
tration granted in respect of the estate of any deceased
person shall be indemnified and protected in so doing, not
withstanding any defect or other thing whatsoever affecting
the validity of such probate or administration. [43

43. Where, before the revocation of any temporary ad-
ministration, any proceedings have been commenced in the
Supreme Court in its original jurisdiction by or against any
administrator so appointed, the court in its probate jurisdic-
tion may order that a suggestion be made upon the record of
the revocation of such administration, and of the grant of





probate or administration which has been made consequent
thereupon, and that the proceedings shall be continued in
the name of the new executor or administrator in like manner
as if the proceedings had been originally commenced by or
against such new executor or administrator, but subject to
such conditions and variations, if any, as the court may
direct. [44

Practice.

44. The practice of the court shall, except where other-
wise provided by this Ordinance or by the rules or orders
made thereunder, be, so far as the circumstances of the case
will admit, according to the practice hitherto prevailing in
the same. [45

45. It shall be lawful for the judge to sit in chambers
for the despatch of such business of the court as can, in the
opinion of the judge, with advantage to the suitors be heard
in chambers; and the times at which such sitings shall be
held shall be fixed by the judge: Provided that no matter
shall be heard in chambers which either party requires to be
heard in court. [46

46. The judge, when so sitting in chambers, shall have
and exercise the same power and jurisdiction in respect of
any business brought before him as if he were sitting in
court. [47

47. The court shall have the same powers with regard
to the costs of any action or other proceeding as the Supreme
Court has with regard to costs in actions and other proceed-
ings in its original jurisdiction. [48

Evidence.

48. (1) Subject to any rules or orders made under this
Ordinance, the witnesses, and where necessary the parties,
in all contentious matters where their attendance can be had
shall be examined orally by or before the judge in court:
Provided that, subject to any such rules or orders as afore-
said, the parties shall be at liberty to verify their respective
cases, in whole or in part, by affidavit, but so that the de-
ponent in every such affidavit shall, on the application of





the opposite party, be subject to be cross-examined by or on
behalf of such opposite party orally in court as aforesaid,
and after such cross-examination may be re-examined orally
in court as aforesaid by or on behalf of the party by whom
such affidavit was filed.

(2) When a witness in any such matter is out of the
jurisdiction of the court, or when, by reason of his illness or
otherwise, the court does not think fit to enforce his attend
ance in court, it shall be lawful for the court to order a com
mission to issue for his examination upon interrogatories
or otherwise, or, if the witness is within the jurisdiction of
the court, to order his examination, upon interrogatories or
otherwise, before any officer of the court or other person
named for that purpose in the order. [49

49. An affidavit sworn out of the Colony in the manner
mentioned in any, Ordinance relating to evidence may be
used in any action or proceeding in the court. [50

50. The rules of evidence observed in the Supreme
Court in its original jurisdiction shall be applicable to and
be observed in the trial of all questions of fact in the court.
[51

Trial of question of fact by jury.

51. On the application of any party to any action or
proceeding in court or of its own motion, it shall be lawful
for the court to cause any question of fact arising in such
action or proceeding to be tried by a special or common jury.
[52

52. (1) When the court orders a question of fact to be
tried by a jury, the court may make all such rules and orders
for procuring the attendance of a special or common jury for
the trial of such question as may now be made by the
Supreme Court in its original jurisdiction, and may also
make any other orders which to the court may seem requisite.

(2) Every such jury shall be struck, summoned, balloted
for, and called in like manner as if such jury were a jury
for the trial of any cause in the Supreme Court; and every,
Juryman so summoned shall be entitled to the same rights,





and subject to the same duties and liabilities, as if lie had
been duly summoned for the trial of any such cause in the
Supreme Court; and every party to any such proceeding
shall be entitled to the same rights as to challenge and other-
wise as if he were a party to any such cause.

(3) Generally, for all purposes of or auxiliary to the
trial of questions of fact by a jury before the court, and in
respect of new trials thereof, and also for all purposes in
relation to or consequential upon the direction of issues, the
court shall have the same jurisdiction, powers, and authority
in all respects as belong to the Supreme Court for the like
purposes. [53

53. (1) MTheti the court orders a question of fact to be
tried bv a jurv, the question shall be reduced into writing in
such form as the court may direct, and at the trial the jury
shall be empanelled to try the question and a true verdict to
give thereon according to the evidence.

(2) On every such trial, the court shall have the same
jurisdiction, powers, and authority in all respects as belong
to a judge of the Supreme Court sitting in its original juris
diction. [54

PART IV.

RULES FOR ADMINISTRATION OF PROPERTY.

54. In the administration of the estate of every deceased
person, no debt or liability of such person shall be entitled
to any priority or preference by reason merely that the same
is secured by or arises under a bond, deed, or other instru-
ment tinder seal, or is otherwise made or constituted a
specialty debt ; but all the creditors of such person, as well
specialty as simple contract, shall be treated as standing in
equal degree and be paid accordingly out of the assets of
such deceased person, whether such assets are legal or
equitable : Provided that this Ordinance shall not prejudice
or affect any lien, charge, or other security which any credi-
tor may hold or be entitled to for the payment of his debt. [57

55. (1) Any executor or administrator may apply by,
summary petition to the court for an order limiting the time
tor creditors and others to send in their claims against the





estate of the testator or intestate, and specifying what notices
are to be given of the making of such order and of the time
thereby limited ; and the court may make such order thereon
as it thinks fit.

(2) Where an executor or administrator has given the
notices specified in any such order, he shall, at the expira-
tion of the time limited thereby for sending in such claims,
be at liberty to distribute the assets of the testator or in-
testate, or any part thereof, amongst the parties entitled
thereto, having regard to the claims of which he has then
notice, and shall not be liable for the assets, or any part
thereof, so distributed to any person of whose claim he has
not had notice at the time of distribution of the assets or
a part thereof, as the case may be.

(3) Nothing in this section shall prejudice the right
of any creditor or claimant to follow the assets, or any part
thereof, into the hands of any persons who may have re
ceived the same respectively nor the operation of section 29
of the Trustee Ordinance. [58

56. It shall be. lawful for the court to allow to any
executor or administrator, including an administrator
appointed pendente lite as aforesaid, (or to a person acting
under a power of attorney as attorney for an executor or
administrator in the matter of the sealing of a probate or
administration under Part VI, or in the matter of the
realization and administration of an estate under a probate
or administration so scaled) such remuneration out of the
estate of the deceased person as may be just and reason-
able for his pains and trouble therein : Provided that no
allowance whatever shall be made to any executor or
administrator or attorney who neglects to pass his accounts
at such time, or to dispose of any moneys, goods, chattels,
or securities with which he is chargeable in such manner,
as, in pursuance
of any rule or order or practice of the
court, may be requisite : Provided also, that no such re-
muneration shall exceed five. per cent on the first one
thousand dollars, two and a half per cent on the next four
thousand dollars and one per cent on the balance of the
gross value of all property of whatsoever nature adminis-
tered. [59





57. Whenever any person who is a native of China
dies intestate leaving property within the jurisdiction of the
court, and it is necessary to obtain proof of the law of
China for the purpose of regulating the administration of
the property of such deceased person according to the law
of his domicile, it shall be lawful for the court, in its dis
cretiod, to receive in evidence any written statement of the
law of China which is certified by any British consular
officer in China under his official seal to have been obtained
by him from an officer of the Chinese Government for the
purposes of such administration and with reference to the
facts of the particular case under consideration, and there
after to act upon such written statement in such manner
as it thinks fit, [60

PART V.

SPECIAL AND EXCEPTED CASES.

Estates of small value.

58. (1) Where the whole estate in the Colony of any
person dying in the Colony does not exceed in value the
sum of two thousand five hundred dollars, his widow or
any one or more of his children, as the case. may be,
(provided such widow or child or children respectively is
or are resident in the Colony), or, if such person is a
widow, any one or more of her children (provided such
child or children is or are resident in the Colony), may
make application in that behalf to the Registrar of the
court, who shall fill up the usual papers required by the
court to lead to a grant of administration of the estate of
the intestate, and shall swear or declare the applicant and
attest the execution of the administration bond required
according to the practice of the court; and he shall also
in due course make out and seal the letters of administra-
tion of the estate of the intestate and deliver them to the
applicant.

(2) The Registrar of the court may require such proof
as he may think sufficient to establish the identity and rela-
tionship of the applicant.

(3) If the Registrar of the court has reason to believe
that the whole estate in the Colony of which the intestate





died possessed exceeds in value the sum of two thousand
five , hundred dollars, he shall refuse to proceed with the
application until he is satisfied that such value does not
exceed that amount. [61

Small sums payable by public departments to
deceased persons.

59. On the death of any person to whom any sum
of money not exceeding two thousand five hundred dollars
is payable by a public department within the Colony in
respect of civil pay or allowances or annuities granted either
tinder the authority of His Majesty's Government or of
the Government of the Colony, it shall be lawful for the
Accountant General, on being satisfied of the expediency
of dispensing with probate or administration, to authorize
the payment of such sum to such person or persons as the
Accountant General rnay consider entitled thereto, without
requiring the production of probate or administration.

(2) Payment of all such sums of money shall be inade
under such regulations as the Financial Secretary may, with
the approval of the Governor, make for that purpose. [62

60. Any payment made under the provisions of section
59 shall be valid against all persons whatever, and all
persons acting under the said provisions shall be absolutely
discharged from all liability in respect of any moneys duly
paid. or applied by thern under the said provisions. [63

Estates of subordinate police and prisons officers.

61. (1) Any person employed in the police force, riot
above the rank of sub-inspector, and any person employed
in the prisons department, not above the rank of principal
warder, who shall die whilst so employed, shall not be
deemed to be within the meaning of the preceding pro-
visions of this Ordinance.

(2) The Commissioner of Police and the Commissioner
of Prisons respectively are hereby constituted administra-
tors of the estates of such persons in their departnients
and are required, without any legal formality, to get in
and administer the same, and, within one month after the





death of any such person, to certify the same and the
amount thereof to the Registrar of the court for registra-
tion in the court, and to pay over to the Accountant Gen-
eral the balance of every such estate, after payment of all
lawful claims against the same.

(3) It shall be lawful for the Financial Secretary, in
his discretion, on the application of the Commissioner of
Police or the Commissioner of Prisons, as the case may
be, to sign an order upon the Accountant General for the
payment of the whole or any part of such balance to such
person or persons as may appear to him to be entitled
thereto, and the Accountant General shall comply with such
order. [64

Estates of Persons dying on voyages to the Colony.

62. (1) The following special provisions shall regulate
the administration of the estates of passengers who die at
sea in the course of a voyage to the Colony on board of
any vessel which afterwards arrives in the Colony-
(a)where any passenger has died on board any, vessel
in the course of a voyage to the Colony, the master
of the vessel. in which such passenger has died
shall, immediately upon the arrival of the vessel
in the Colony, hand over to the Director of Marine
all the goods and effects of such passenger then
on board of such vessel;
(b)thereupon the Director of Marine shall take posses-
sion of such goods and effects, and-
(i) if he thinks that their value is rnore than
five hundred dollars he shall forthwith hand them
over to the Official Administrator, to whorn he
shall also furnish in writing all such information
as he may have been able to obtain about the
deceased passenger and as he may consider likely
to be useful for the due administration of the estate
and
(ii) if lie thinks that their value is not more than
five hundred dollars, he shall, in such manner as
he may consider just and convenient, distribute
them amongst the persons who may appear to him,
in his discretion, to be entitled thereto, or, if he





can find no such persons within one month of the
time when the goods and effects came into his
hands, then he shall sell, them and pay the pro-
ceeds of the sale into the Treasury, to a special
account to be there kept for that purpose;
(c)at any time within twelve months of the time when
the proceeds of any estate have been paid into the
Treasury under this section, any person entitled to
the said proceeds, or to any portion thereof, may
apply to the Director of Marine for the same, and,
at the expiration of the said twelve months, the
Director of Marine may make application in that
behalf to the Accountant General, and the
Accountant General shall pay to the Director of
Marine the said proceeds or a portion thereof, and
the Director of Marine shall distribute the same
amongst the applicants in such manner as he may
consider just and convenient;
(d)before distributing any estate or paying the pro-
ceeds of any estate into the Treasury under this
section, the Director of Marine shall deduct the
amount of any expenses or costs which lie may
have incurred in advertising or otherwise in the
administration of the same; and
(e)if no person entitled applies to the Director of
Marine under paragraph (c) within the twelve
months mentioned in that paragraph, the proceeds
of the estate shall be paid over to the general
revenue; but it shall be lawful for the Governor,
within a period of six years thereafter, to direct
a refund of the same, or any portion thereof, to
any person who establishes, to his satisfaction, a
legal, equitable, or moral claim thereto.

(2) Where such goods and effects have been handed
over to, or taken possession of by, the Official Administra-
tor, he may, after such inquiry as he may think sufficient,
distribute them, in such manner as he may consider just
and convenient, amongst the persons who may appear to
him, in his discretion, to be entitled thereto or if he can
find no such persons within six months of the time when
the goods and effects come into his hands, then he shall
sell them and pay the proceeds of sale into the Treasury,





to a special account to be there kept for that purpose, or
into the account of the Government at such bank as the
Accountant General may direct.

(3) The provisions of the Unclaimed Balances Ordin-
ance, shall apply to moneys paid into any account under
this section as they do to any balance of an intestate estate
under section I9.

(4) For the purposes of this section, 'voyage of a
passenger to the Colony' means the voyage of a passen-
ger which would in the ordinary course terminate in the
Colony as the port of destination of the passenger.

(5) Any master of a vessel who refuses or neglects
to comply with the requirements of this section, shall upon
summary conviction be liable to a fine of five hundred
dollars. [65

PART VI.

Sealing of Probates and Letters of Administration granted
by British Courts outside the Colony.

63. In this Part-
'British court in a foreign country' means any British
court having jurisdiction out of the Commonwealth in
pursuance of an Order in Council, whether made under
any Act or otherwise;
'court of probate' means any court or authority, by what-
ever name designated, having jurisdiction in matters
of probate;
'probate' and 'letters of administration' include confirma-
tion in Scotland, and any instrument having in any
other part of the Commonwealth the same effect which
under English law is given to probate and letters of
administration respectively;
'estate duty' includes any duty payable on the value of
the estate and effects for which probate or letters of
administration is or are granted. [66

64. Where a court of probate in any part of the
Commonwealth, or a British court in a foreign country,
has granted probate or letters of administration in respect





of the estate of a deceased person, the probate or letters
so granted may, on being produced to, and a copy thereof
deposited with the court, be sealed with the seal of the
court, and thereupon shall be of the like force and effect,
and have the same operation in the Colony as if granted
by that court. [67

65. The court shall, before sealing a probate or letters
of administration under this Part, be satisfied-
(a)that estate duty has been paid in respect of so
much, if any, of the estate as is liable to estate
duty in the Colony; and
(b)in the case of letters of administration, that secur-
ity has been given in a sum sufficient in amount
to cover the property, if any, in the Colony to
which the letters of administration relate,
and may require such evidence, if any, as it thinks fit as
to the domicile of the deceased person. [68

66. The court may also, if it thinks fit, on the applica
tion of any creditor, require, before sealing, that adequate
security be given for the payment of debts due from the
estate to creditors residing in the Colony. [69

67. For the purposes of this Part, a duplicate of any
probate or letters of administration sealed with the seal of
the court granting the same, or a copy thereof certified as
correct by or tinder the authority of the court granting the
same, shall have the same effect as the original. [70

68. The power conferred on the Chief justice by section
69 of this Ordinance to make general rules and orders, sub-
ject to the approval of the Legislative Council, for regulating
the procedure and practice, including fees and costs, in the
court on and incidental to applications for grants of probate
or letters of administration in this Colony shall apply to
applications for sealing under this Part, and subject to any
exceptions and modifications made by such rules and orders,
the enactments for the time being in force in relation to
estate duty (including the penal provisions thereof) shall
apply as if the person who applies for sealing under this
Part were applying for probate or letters of administration.
[71





PART VII.

MISCELLANEOUS.

69. The Chief justice may by general rules and orders,
subject to the approval of the Legislative Council, prescribe
or provide for-
(a)the practice and procedure of the court, and the
several forms of petitions, orders, and other pro-
ceedings to be used in the court ;
(b) the duties of the various officers of the court
(c)the fees to be taken by the officers of the court and
to be allowed to counsel and solicitors practising in
the court, and the fees, charges, and costs to be
taken and allowed with respect to all proceedings
and all other matters in the court;
(d) the filing, custody, and inspection of records; and
(e) generally carrying out of the provisions of this
Ordinance. [74

70. Until such rules and orders have been made as
aforesaid, the court may direct, either generally or in any
particular case, that the rules and orders in relation to
matters of probate and administration in the Probate Divi-
sion of the High Court of justice in England or any part
thereof, and the forms of proceedings in use therein or any
of them, with such modifications as the circumstances may
require, shall be followed and adopted in the court. [75

71. An official copy of the whole or any part of a will,
or an official certificate of the grant of any administration,
may be obtained from the Registry of the court on the pay
ment of such fees as may be fixed for the same by the rules
and orders made under this Ordinance. [76

72. All administrations granted to any Official Ad-
ministrator shall be deemed to have been made to the Official
Administrator for the time being and to his successors in
office. [77



probate and Administration.
Originally 3 of 1897. Fraser. 2 of 1897. 9 of 1950. 22 of 1950. 4 of 1951, Short title. Interpretation. (Cap. 111.) General jurisdiction of the court in matters of probate and administration. 20 & 21 Vict. C. 77, s. 4. 20 & 21 Vict. C. 77, s. 23. [s. 3 cont.] Power of altering probate, etc. already granted. Prohibition of officer of the court practising. Sealing of documents. 20 & 21 Vict. C. 77, s. 22. Powers as to requiring attendance of and examining parties and witnesses. 20 & 21 Vict. C. 77, s. 24. General powers of enforcing process. 20 & 21 Vict. C. 77, s. 25. Power of ordering production of testamentary writings. 20 & 21 Vict. C. 77, s. 26. Administration of oaths, etc. 20 & 21 Vict. C. 77, s. 27. Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant. Estates of citizens of U.S.A. [cf. Cap. 174, s. 15 (2).] Punishment of person unlawfully removing out of the Colony property of deceased person. 22 of 1950, Schedule. Lien on property of deceased person for expenses incurred under s. 14. Person having or finding will to produce it. [s. 17 cont.] 22 of 1950, Schedule. Vesting of estate of deceased person in Official Administrator. Summary administration of intestates' estates not exceeding $2,500. 9 of 1950, Schedule. Cases in which Official Administrator is entitled to administration. Saving as to estates of certain person. Power of limiting grant. Period for closing administration of estate. Commission on moneys received. Keeping of books of account. Copies of documents and accounts. Half-yearly returns. Schedule. Redress against action of Official Administrator. Practice as to caveat against grant. 20 & 21 Vict. C. 77, s. 53. Effect of executor renouncing probate. 20 & 21 Vict. C, 77, s. 79. Effect of executor not taking probate. 21 & 22 Vict. C. 95, s. 16. Appointment of administrator of intestate's estate. 20 & 21 Vict. c. 77, s. 73. [s. 32 cont.] Grant of special administration where executor or administrator is out of jurisdiction. Payment of costs relating to special administration. Case of infant being sole executor. 38 Geo. 3, c. 87, s. 6. 38 Geo. 3, c. 87, s. 7. Prohibition of executor acting pending administration. 20 & 21 Vict. C. 77, s. 75. Appointment of administrator pendent lite. 20 & 21 Vict. C. 77, s. 70. Administration pending appeal. Bond to be given by administrator. 20 & 21 Vict. C. 77, s. 81. Amount of bond. 20 & 21 Vict. C. 77, s. 82. Validation of payments made under probate or administration subsequently revoked. 20 & 21 Vict. C. 77, s. 77. Validation of payments made under defective probate or administration. 20 & 21 Vict. c. 77, s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. 20 & 21 Vict. c. 77, s. 76. Practice in matters not provided for. 20 & 21 Vict. C. 77, s. 29. Sittings in chambers. 21 & 22 Vict. C. 95, s. 3. Powers of judge sitting in chambers. Powers of the court with regard to costs. Examination of parties and witnesses. 20 & 21 Vict. C. 77, s. 31. [s. 48 cont.] Use of affidavit sworn out of the Colony. Rules of evidence. 20 & 21 Vict. C. 77, s. 33. Power to order question of fact to be tried by jury. 20 & 21 Vict. C. 77, s. 35. Procedure and powers on trial of question of fact by jury. 20 & 21 Vict. c. 77, s. 36. Form of question of fact to be tried, etc. 20 & 21 Vict. C. 77, s. 37. Specialty and simple contract debts to stand in equal degree. 32 & 33 Vict. C. 46, s. 1. Power to the court to make an order limiting time for [s. 55 cont.] creditors to send in claims against estate. 22 & 23 Vict. C. 35, s. 29. 4 of 1951, Schedule. (Cap. 29.) Allowance of remuneration to executor, administrator or attorney. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person under & 2,500 in value. 9 of 1950, Schedule. [s. 58 cont.] 9 of 1950, Schedule. Power of Accountant General where sum not exceeding $2500 is payable to deceased person. 9 of 1950, Schedule. Validity of payment made under s. 59. Summary administration of estates of subordinate police and prisons officers. 9 of 1950, Schedule. Administration of estate of passenger dying on voyage to the Colony. 9 of 1950, Schedule. [s. 62 cont.] (Cap. 122.) 9 of 1950, Schedule. Interpretation. Sealing of probates and letters of administration. [s. 64 cont.] granted by British courts outside the Colony. Conditions to be fulfilled before sealing. Security for payment of debts. Duplicate or copy admissible. Rules as to practice under this Part. 55 & 56 Vict. C. 6, s. 2 ( 5). General rules and orders relating to practice, duties of officers, fees, and records. 20 7 21 Vict. C. 77, s. 30. Application of rules and orders of Probate Division of High Court in England. Copy of will, etc. 20 & 21 Vict. C. 77, s. 69. Continuance to successors in office of administrations granted to Official Administrator.

Originally 3 of 1897. Fraser. 2 of 1897. 9 of 1950. 22 of 1950. 4 of 1951, Short title. Interpretation. (Cap. 111.) General jurisdiction of the court in matters of probate and administration. 20 & 21 Vict. C. 77, s. 4. 20 & 21 Vict. C. 77, s. 23. [s. 3 cont.] Power of altering probate, etc. already granted. Prohibition of officer of the court practising. Sealing of documents. 20 & 21 Vict. C. 77, s. 22. Powers as to requiring attendance of and examining parties and witnesses. 20 & 21 Vict. C. 77, s. 24. General powers of enforcing process. 20 & 21 Vict. C. 77, s. 25. Power of ordering production of testamentary writings. 20 & 21 Vict. C. 77, s. 26. Administration of oaths, etc. 20 & 21 Vict. C. 77, s. 27. Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant. Estates of citizens of U.S.A. [cf. Cap. 174, s. 15 (2).] Punishment of person unlawfully removing out of the Colony property of deceased person. 22 of 1950, Schedule. Lien on property of deceased person for expenses incurred under s. 14. Person having or finding will to produce it. [s. 17 cont.] 22 of 1950, Schedule. Vesting of estate of deceased person in Official Administrator. Summary administration of intestates' estates not exceeding $2,500. 9 of 1950, Schedule. Cases in which Official Administrator is entitled to administration. Saving as to estates of certain person. Power of limiting grant. Period for closing administration of estate. Commission on moneys received. Keeping of books of account. Copies of documents and accounts. Half-yearly returns. Schedule. Redress against action of Official Administrator. Practice as to caveat against grant. 20 & 21 Vict. C. 77, s. 53. Effect of executor renouncing probate. 20 & 21 Vict. C, 77, s. 79. Effect of executor not taking probate. 21 & 22 Vict. C. 95, s. 16. Appointment of administrator of intestate's estate. 20 & 21 Vict. c. 77, s. 73. [s. 32 cont.] Grant of special administration where executor or administrator is out of jurisdiction. Payment of costs relating to special administration. Case of infant being sole executor. 38 Geo. 3, c. 87, s. 6. 38 Geo. 3, c. 87, s. 7. Prohibition of executor acting pending administration. 20 & 21 Vict. C. 77, s. 75. Appointment of administrator pendent lite. 20 & 21 Vict. C. 77, s. 70. Administration pending appeal. Bond to be given by administrator. 20 & 21 Vict. C. 77, s. 81. Amount of bond. 20 & 21 Vict. C. 77, s. 82. Validation of payments made under probate or administration subsequently revoked. 20 & 21 Vict. C. 77, s. 77. Validation of payments made under defective probate or administration. 20 & 21 Vict. c. 77, s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. 20 & 21 Vict. c. 77, s. 76. Practice in matters not provided for. 20 & 21 Vict. C. 77, s. 29. Sittings in chambers. 21 & 22 Vict. C. 95, s. 3. Powers of judge sitting in chambers. Powers of the court with regard to costs. Examination of parties and witnesses. 20 & 21 Vict. C. 77, s. 31. [s. 48 cont.] Use of affidavit sworn out of the Colony. Rules of evidence. 20 & 21 Vict. C. 77, s. 33. Power to order question of fact to be tried by jury. 20 & 21 Vict. C. 77, s. 35. Procedure and powers on trial of question of fact by jury. 20 & 21 Vict. c. 77, s. 36. Form of question of fact to be tried, etc. 20 & 21 Vict. C. 77, s. 37. Specialty and simple contract debts to stand in equal degree. 32 & 33 Vict. C. 46, s. 1. Power to the court to make an order limiting time for [s. 55 cont.] creditors to send in claims against estate. 22 & 23 Vict. C. 35, s. 29. 4 of 1951, Schedule. (Cap. 29.) Allowance of remuneration to executor, administrator or attorney. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person under & 2,500 in value. 9 of 1950, Schedule. [s. 58 cont.] 9 of 1950, Schedule. Power of Accountant General where sum not exceeding $2500 is payable to deceased person. 9 of 1950, Schedule. Validity of payment made under s. 59. Summary administration of estates of subordinate police and prisons officers. 9 of 1950, Schedule. Administration of estate of passenger dying on voyage to the Colony. 9 of 1950, Schedule. [s. 62 cont.] (Cap. 122.) 9 of 1950, Schedule. Interpretation. Sealing of probates and letters of administration. [s. 64 cont.] granted by British courts outside the Colony. Conditions to be fulfilled before sealing. Security for payment of debts. Duplicate or copy admissible. Rules as to practice under this Part. 55 & 56 Vict. C. 6, s. 2 ( 5). General rules and orders relating to practice, duties of officers, fees, and records. 20 7 21 Vict. C. 77, s. 30. Application of rules and orders of Probate Division of High Court in England. Copy of will, etc. 20 & 21 Vict. C. 77, s. 69. Continuance to successors in office of administrations granted to Official Administrator.

https://oelawhk.lib.hku.hk/items/show/1657

JUDGMENTS (FACILITIES FOR ENFORCEMENT) RULES

JUDGMENTS (FACILITIES FOR
ENFORCEMENT).

JUDGMENTS (FACILITIES FOR ENFORCEMENT)
RULES.

(Cap. 9, section 5).
(Ordinance NO. 32 Of 1921).

[14th March, 1924.]

1. Any application under section 3 of the judgments
(Facilities for Enforcement) Ordinance, hereinafter called
the Ordinance, for leave to have a judgment obtained in a
superior court in the United Kingdorn, or in any part of his
Majesty's dominions outside the United Kingdom to which
the Ordinance applies, registered in the Supreme Court of
Hong Kong shall be made to the court in its original juris-
diction ex parte or by summons returnable in chambers. If
the application is made ex Parte the court may direct a sum-
mons to be. issued.

2. The application shall be supported by an affidavit
of the facts exhibiting the judgment or a verified or certified
or otherwise duly authenticated copy thei copy thereof and stating that
to the best of the, information and belief of the deponent the
judgment creditor is entitled to enforce the judgment and
the judgment does not fall within any of the cases in whicli
under subsection (2), Of section 3 of the Ordinance a judgment
cannot properly be ordered to be registered. The affidavit
must also, so far as the deponet can, give the full name,
title, trade or business and usual or last-known place of abode
or business of the judgment creditor and judgment debtor
respectively.

3. The affidavit, and the application or summons, as
the case may be, shall be intituled-

IN THE SUPREME COURT OF HONG. KONG.
ORIGINAL JURISDICTION.

Miscellaneous Proceeding No . ..of 19.....
In the matter of the judgments (Facilities for Enforcement)
Ordinance, (Chapter 9 of the Revised Edition) and in the
matter of a judgment of the ....................................





[describing the court] obtained in ...........................
............... [describing the cause or matter]
and dated the( . ..............day of 19...

4. The suninions (if any) for leave to register shall be
an originating summons and (unless otherwise ordered by
the Court) shall be served in the same manner as writ of
summons is required to be served. The Judgment debtor
shall not be required to enter any appearance thereto.

5. Any order giving leave to register shall be drawn
up by or on helialf of the Judgment creditor and when the
order is made on a summons the order shall be served oil
the judgment debtor, but where the order is made on an
ex Parte application no service of the order on the judgment
debtor shall be required.

6. The order giving leave to register the judgment
shall state the hnie within which the judgment debtor is to
be entitled to apply to set aside the registration. Such time,
where the Judgment debtor is, or is ordinarily resident, with-
in the jurisdiction shall ordinarily be fourteen days, and
when the judgment debtor is, or is ordinarily resident, out
of the jurisdiction shall be such time ns the court may order.

7. The regisier of Judgments ordered to be registered
under the Ordinance, shall be kept in the Registry of the
Supreme Court under the direction of the Registrar. The
judgment shall be registered therein in accordance with the
order giving leave to register it.

8. The register shall be arranged in alphabetical order
in the surname of the judgment debtor, and there shall be
entered in the register the date of the order for registration
and of the registration, the name, title, trade or business and
usual or last-known place of abode or business of the judg-
ment debtor and judgment creditor, and the amount for
which the judgment is signed, any special directions in the
order for registration as to such registration or execution
thereon, and the particulars of any execution issued thereon.

9. Notice in writing of the registration of the judgement
must he served oil the judgment debtor within a reasonable





time after such registration. Such notice shall (in the
absence of an order by the court as to the mode of service
thereof) be served on the judgment debtor by personal
service. (with power to order substituted service or service
out of the jurisdiction or both) as in the case of a writ of
summons, but the court may at any stage of the proceedings
authorize or direct some other mode of service and the same
shall be effected in accordance with such authority or direc-
tion.

10. The notice of registration shall contain full parti-
culars of the judgment registered and of the order for such
registration and shall state the name and address of the
judgment creditor or of his solicitor or agent on whom and
at which service of any summons issued by the judgment
debtor may be effected. The notice shall state that the
defendant is entitled, if he has grounds for doing so, to apply
to set aside the registration and shall also state the number
of days for applying to set aside the registration limited by
the order giving leave to register.

11. The party serving the notice shall within three days
at most after such service indorse on the notice or a copy or
duplicate thereof the day of the month and week of the ser-
vice thereof; otherwise the judgment creditor shall not be at
liberty to issue execution on the judgment; and every
affidavit of service Of Such notice shall mention the day oil
which such indorsement was made. This rule shall apply
to substituted as well as other service. The three days
limited by this rule may in special circumstances be extended
by order of the court.

12. The judgment debtor may at any time within the
time limited by the order giving leave to register after ser-
vice on him of the notice of the registration of the judgment
apply by summons to the court to set aside the registration
or to suspend execution on the judgment, and the court on
Such application, if satisfied that the case comes within one
of the cases in which under subsection (2) of section 3 Of the
Ordinance no judgment can be ordered to be registered or
that it is not just or convenient that the judgment
should be enforced in Hong Kong, or for other sufficient
reason, may order that the registration be set aside or execu-





tion on the judgment be suspended either unconditionally
or on such terms as the court thinks fit and either altogether
or until such time as it shall direct Provided that the
court may allow theapplication to be made it any time after
the expiration of the tine herein mentioned.

13. The summons referred to in rule 12 shall be an
ordinary summons intituled in the same manner as tile
affidavit referred to in rule 3.

14. No execution shall issue on a judgment registered
under the Ordinance Until after the expiration of the time
limited by, the order giving leave to register after service on
the judgment debtor of notice of the registration thereof:
Provided that the court may at any time order that execution
shall be suspended for a longer time.

15. Any party desirous of issuing execution on a judg-
ment registered under the Ordinance must produce to the
proper officer in affidavit of the service of the notice of re-
gistration.

16. A writ of execution on a judgment registered under
the Ordinance shall be in a form approved by the Registrar
of the Supreme Court of Hong Kong.

17. Any application under section 4 Of the Ordinance
for a certified copy of a judgment obtained in the Supreme
Court shall be made ex parte to the Registrar of the Supreme
Court on an affidavit made by the judgment creditor or his
solicitor giving the particulars of the judgment, and showing
that the judgment debtor is resident in the United Kingdom
or in some (stating what) part of His Majesty's dominions
outside the United Kingdom to which the Ordinance
extends, and stating to the best of his information and belief
the title, trade, business or occupation of the judgment
creditor and judgment debtor respectively and their respec-
tive usual or last-known places of abode or business.

18. The certified copy of the judgment shall be sealed
with the seal of the Supreme Court and shall be certified
bv the Registrar in the following form-





I certify that above copy judgment is a true copy of a
judgment obtained in the Supreme Court of Hong Kong in
its original jurisdiction and this copy is issued in accordance
with section 4 of the judgments (Facilities for Enforcement)
Ordinance (Chapter 9 of the Revised Edition).

(Signed) ......................................................
Registrar of the Supre~ Court of Hong Kong.

19. The fees payable in respect of all proceedings retat-
ing to the registration and enforcement of judgments mider
the Ordinance shall be the sarne as those payable from time
to time in respect of proceedings of a similar nature in the
Supreme Court of Hong Kong in its original jurisdiction.

20. These rules may be cited as the judgments
(Facilities for Enforcement) Rules.

CHAPTER 10.
(Ordinance No. 2 Of 1897).
PROBATE AND ADMINISTRATION.
No subsidiary legislation.

CHAPTER 11.
(Ordinance No. 8 OF 1893).

STATUTORY DECLARATIONS.

No subsidlary legislation.
Regulations-Fraser, vol. 3, p. 943. Application. (Cap. 9). Affidavit. Title of affidavit and summons. Service of summons. Order. Form of order. Register. Form of register. Notice of registration. [r. 9 cont.] Form of notice. Indorsement of service. Application to set aside registration. (Cap. 9). Summons to set aside. Execution. Affidavit of service. Form of writ of execution. Certified copy of judgment. Form of certified copy of judgment. [r. 18 cont.] Fees. Citation.

Regulations-Fraser, vol. 3, p. 943. Application. (Cap. 9). Affidavit. Title of affidavit and summons. Service of summons. Order. Form of order. Register. Form of register. Notice of registration. [r. 9 cont.] Form of notice. Indorsement of service. Application to set aside registration. (Cap. 9). Summons to set aside. Execution. Affidavit of service. Form of writ of execution. Certified copy of judgment. Form of certified copy of judgment. [r. 18 cont.] Fees. Citation.

https://oelawhk.lib.hku.hk/items/show/1656

JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE

CHAPTER 9.

JUDGMENTS (FACILITIES FOR ENFORCEMENT).

To facilitate the reciprocal enforcement of judgments and
awards in the Colony of Hong Kong and other parts
of His Majesty's dominions and in certain other
territories.*

[30th December, 1921.]

1. This Ordinance may be cited as the Judgments
(Facilities for Enforcement) Ordinance.

2. (1) In this Ordinance-
'judgment' means any judgment or order given or made
by a court in any civil proceedings, whereby any sum
of money is made payable and includes an award in
proceedings on an arbitration if the award has, in pur-
suance of the law in force in the place where it was
made, become enforceable in the same manner as a
judgment given by a court in that place;
'judgment creditor' means the person by whom the judg-
ment was obtained and includes the successors and
assigns of that person ;
'judgment debtor' means the person against whom the
judgment is given and includes any person against
whom the judgment is enforceable in the place where
it was given;
'original court' in relation to any judgment means the
court by which the judgment was given.

(2) Subject to rules of court, any of the powers con-
ferred by this Ordinance on the Supreme Court may be
exercised by any judge thereof.

3. (1) Where a judgment has been obtained in a
superior court in the United Kingdom, the judgment creditor
may apply to the Supreme Court at any time within twelve

Part II of the Administration of Justice Act, 1920, was extended

to Hong Kong by Order of His Majesty in Council, dated
the 1st day of April, 1922, published in the Hong Kong
Government Gazette of the 26th day of May, 1922, as
G.N. 241.





months after the date of the judgment, or such longer period

as may be allowed by the Supreme Court, to have the judg-
ment registered in the Supreme Court, and on any such
application the Supreme Court may, if in all the circum-
stances of the case it thinks it just and convenient that
the judgment should be enforced in the Colony, and subject
to the provisions of this section, order the judgment to be
registered accordingly.

(2) No judgment shall be ordered to be registered under
this section if-
(a) the original court acted without jurisdiction ; or
(1))the judgment debtor, being a person who was
neither carrying on business nor ordinarily resident
within the jurisdiction of the original court, did not
voluntarily appear or otherwise submit or agree to
submit to the jurisdiction of that court; or
(c)the judgment debtor, being the defendant in the
proceedings, was not duly served with the process
of the original court and did not appear, notwith-
standing that he was ordinarily resident or was
carrying on business within the jurisdiction of that
court or agreed to submit to the jurisdiction of that
court; or
(d) the judgment was obtained by fraud; or
(e)the judgment debtor satisfies the registering court
either that an appeal is pending, or that he is
entitled and intends to appeal, against the judg-
ment; or
(f)the judgment was in respect of a cause of action
which for reasons of public policy or for some other
similar reason could not have been entertained by
the Supreme Court.

(3) Where a judgment is registered under this section-
(a)the judgment shall, as from the date of registration,
be of the same force and effect, and proceedings
may be taken thereon, as if it had been a judgment
originally obtained on the date of registration in
the Supreme Court;
(b)the Supreme Court shall have the same control and
jurisdiction over the judgment as it has over similar





judgments given by itself, but in so far only as
relates to execution under this section;
(c)the reasonable costs of and incidental to the regis-
tration of the judgment (including the costs of
obtaining a certified copy thereof from the original
court and of the application for registration) shall
be recoverable in like manner as if they were sums
payable under the judgment.

(4) Rules of court shall provide-
(a)for service on the judgment debtor of notice of the
registration of a judgment under this section; and
(b)for enabling the Supreme Court on an application
by the judgment debtor to set aside the registration
of a judgment under this section on such terms as
the court thinks fit; and
(c)for suspending the execution of a judgment regis-
tered under this section until the expiration of the
period during which the judgment debtor may apply
to have the registration set aside.

(5) In any action brought in,the Supreme Court on an),
judgment which might be ordered to be registered under
this section, the plaintiff shall not be entitled to recover any
costs of the action unless an application to register the judg-
ment under this section has previously been refused, or
unless the Supreme Court otherwise orders.

4. Where a judgment has been obtained in the
Supreme Court against any person, the Supreme Court shall,
on an application made by the judgment creditor and on
proof that the judgment debtor is resident in the United
Kingdom, issue to the judgment creditor a certified copy
of the judgment.

5. Provision may be made by rules of court under
section 37 of the Supreme Court Ordinance, for regulating
the practice and procedure, (including scales of fees and
evidence), in respect of proceedings of any kind under this
Ordinance.

6. Where the Governor in Council is satisfied that, in
the event of the benefits of this Ordinance being extended to
judgments given in the superior courts of any part of the





Commonwealth outside the United Kingdom, substantial
reciprocity of treatment will be assured as respects the en-
forcement in that part of the Commonwealth of judgments
given in the Supreme Court, he may by order declare that
this Ordinance shall extend to judgments obtained in a
superior court in that part of the Commonwealth, in the like
manner as it extends to judgments obtained in a superior
court in the United Kingdom, and on any such order being
made this Ordinance shall apply accordingly.*

* For Ceylon, Bermuda, New South Wales, Victoria and Federa-
tion of Malaya: vide Proclamation 2, 4, & 9, 1925, 3 of
1927, and 2 of 1950.
Originally 32 of 1921. Fraser. 32 of 1921. 24 of 1950. 37 of 1950. Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. 24 of 1950, Schedule. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 cont.] 24 of 1950, Schedule. Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. 24 of 1950, Schedule. Rules of Court. 10 & 11 Geo. 5, c. 81, s. 11. (Cap. 4.) 24 of 1950, Schedule. Extension of the Ordinance to certain other judgments. [cf. Ibid ss. 11, 13 & 14 & 23 & 24 Geo. 5, c. 73, s. 1.] 37 of 1950, Schedule.

Originally 32 of 1921. Fraser. 32 of 1921. 24 of 1950. 37 of 1950. Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. 24 of 1950, Schedule. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 cont.] 24 of 1950, Schedule. Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. 24 of 1950, Schedule. Rules of Court. 10 & 11 Geo. 5, c. 81, s. 11. (Cap. 4.) 24 of 1950, Schedule. Extension of the Ordinance to certain other judgments. [cf. Ibid ss. 11, 13 & 14 & 23 & 24 Geo. 5, c. 73, s. 1.] 37 of 1950, Schedule.

https://oelawhk.lib.hku.hk/items/show/1655

EVIDENCE ORDINANCE

CHAPTER 8.

EVIDENCE ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section. Page

1. Short title ............................ ... ... ... ... ... ... 271
2. Interpretation ......................... ... ... ... ... ... ... 271

PART I-ADMISSIBLE WITNESSES AND EVIDENCE.

3. Incompetency from immature age or unsoundness of mind 271
4. Evidence of child of tender years ...... ... ... ... ... 272
5. Evidence of parties .................... ... ... ... ... ... 272
6. Evidence of husband and wife ........... ... ... ... ... 273
7. Privilege of husband and wife .......... ... ... ... ... 273
8. Evidence of access ..................... ... ... ... ... ... 273
9. No incapacity on account of crime or interest ... ... 273
10. Exception as to defendant in criminal proceedings ... 273
11. Evidence of parties and their husbands and wives in
proceedings for adultery ............... ... ... ... ... 273
12. Evidence of parties in action for breach of promise ... 274
13. Discrediting a witness ................. ... ... ... ... ... 274
14. Proof of contradictory statement of adverse witness ... 274
15. Cross-examination as to previous statement in writing ... 274
16. Proof of conviction and previous conviction for indictable
offence ................................ ... ... ... ... ... 275
17. Attesting witness need not be called ... ... ... ... ... 275
18. Comparison of disputed with genuine writing ... ... ... 275

PART II-ADMISSIBLE DOCUMENTS.

19. Copy of document of public nature ...... ... ... ... ... 275
20. Official documents ..................... ... ... ... ... ... 276
21. Admissibility of notarial acts done before British diplomatic
and consular officers .................. ... ... ... ... ... 276
22. Copy of entry in banker's book ......... ... ... ... ... 276
23. Court or judge may direct copies of entries in banker's book
to be taken ............................ ... ... ... ... ... 277
24. Computation of time .................... ... ... ... ... 277
25. Proof of foreign or colonial act of state, judgment, etc. 277
26. Proof of statutes of British possessions ... ... ... ... 278
27. Swearing of answer, etc., in Supreme Court in England 279
28. Admissibility of document having seal and signature of
British ambassador ..................... ... ... ... ... 279
29. Proof of various matters in civil proceedings ... ... ... 280
30. Effect of notices in Gazette ........... ... ... ... ... ... 280
31. Admissibility of document filed in foreign court or consulate 281
32. Courts to take judicial notice of signature of judges, etc 281
33. Admissibility of documentary evidence as to facts in Mue 281





Section Page
34. Weight to be attached to evidence ... ... ... ... ... ... 283
35.Proof of instrument to validity of which attestation is
necessary ... ... ... ... ... ... ... ... ... ... ... 283
36. Presumptions as to documents twenty years old ... ... ... 283.
37. Power to order proof of specified facts by affidavit with or
without attendance of deponent ... ... ... ... ... ... 283
38. Interpretation and savings ... ... ... ... ... ... ... ... 284

PART III-DEPOSITIONS.

39. Admissibility in evidence in criminal proceedings of deposi-
tion of person dead, etc . ............. ... ... ... ... ... 284
40. Prima facie proof of examination having been duly taken 285
41. Objection that deposition tendered was not signed by
magistrate ............................. ... ... 285
42. Power to take deposition of person dangerously ill etc., and
admissibility thereof .................. ... ... ... ... ... 285

PART IV.-COMMISSIONS TO TAKE EVIDENCE.

43. Examination of witnesses in the Colony in relation to action
pending before British court ........... ... ... ... ... 286
44. Examination of witnesses in the Colony in relation to pro-
ceedings pending in foreign country ... ... ... ... 287
45. Effect of certificate of ambassador, etc., as evidence in support
of application ........................ ... 287
46. Examination of witness under ss. 43 and 44 ... 288

PART V-OATHS, AFFIRMATIONS, ETC.

47. Administration of oath ................ ... ... ... ... ... 288
48. Powers of Legislative Council as to examination of witnesses 288
49. Normal manner of administration of oaths ... ... ... 289
50. Swearing with uplifted hand ........... ... ... ... ... 289
51. Oath not affected by absence of religious belief ... ... 289
52. Affirmation in lieu of oath ........... ... ... ... ... ... 290
53. Interpretation of oaths and affirmations ... ... ... ... 290

PART VL-MISCELLANEOUS.

54. Impounding of forged document admitted in evidence ... 290
55. Admissibility of certain medical notes and reports ... 290
56. Observations and evidence of accused person before magis-
trate to be taken down and to be admissible at trial 291
57. Warrant or order to bring up prisoner to give evidence 291
58. -Saving as to 7 Will. 4 and 1 Vict. c. 26 ... ... ... ... ... 291





CHAPTER 8.
EVIDENCE.

To consolidate the law of evidence.

[18th January, 1889.]

1. This Ordinance may be cited as the Evidence
Ordinance.

2. In this Ordinance-
'bank' means any corporation, company, or society estab-
lished by charter or under or by virtue of any Act of
Parliament or Ordinance, lawfully carrying on the
business of bankers, or any foreign banking company
carrying on business in this Colony;
'banker's book' includes any ledger, day book, cash book,
account book, or any other book used in the ordinary
business of the bank;
'court' includes the Chief justice and any other judge, also
every magistrate, justice, officer of any court, commis-
sioner, arbitrator, or other person having, by law or by
consent of parties, authority to hear, receive, and
examine evidence with respect to or concerning any
action, suit, or other proceeding civil or criminal, or with
respect to any matter submitted to arbitration or ordered
to be inquired into or investigated under any com-
mission.

PART I.

ADMISSIBLE WITNESSES AND EVIDENCE.

3. The following persons only shall be incompetent to
give evidence in any proceedings-
(a)children under seven years of age, unless they
appear capable of receiving just impressions of the
facts respecting which they are examined and of
relating them truly; and
(b)persons of unsound mind, who, at the time of their
examination, appear incapable of receiving just





impressions of the facts respecting which they are
examined or of relating them truly; and no person
who is known to be of unsound mind shall be liable
to be summoned as a witness without the consent
previously obtained of the court or person before
whom his attendance is required.

4. Where, in any proceeding against any person for in
offence, any child of tender years who is tendered as a Witness
does not in the opinion of the court understand the nature of
an oath, the evidence of that child may be received, though
not given upon oath, if, in the,opinion of the court, the child
is possessed of sufficient intelligence to justify the reception
of the evidence, and understands the duty of speaking the
truth ; and the provisions of section 39 of this Ordinance shall
extend to the evidence of the child, though not given on
oath, but otherwise taken and reduced into writing in accord-
ance with the provisions of section So of the Magistrates
Ordinance : Provided that-
(a)no person shall be, liable to be convicted of the
offence unless the testimony admitted by virtue of
this section and given on behalf of the prosecution
is corroborated by some other material evidence in
support thereof implicating the accused; and
(b) any child, whose evidence is received as aforesaid
and who wilfully gives false evidence under such
circumstances that, if the evidence had been given
on oath, he would have been guilty of perjury,
shall, subject to the provisions of the juvenile
Offenders Ordinance, be liable on summary convic
tion to such punishment as might have been awarded
had he been charged with perjury and the case been
dealt with summarily under section 8 of that
Ordinance.

5. In all proceedings before the court, the parties and
the husbands and wives of the parties thereto, and the
persons in whose behalf any proceedings rnay be brought,
or instituted, or opposed, or defended, and the husbands and
wives of such persons shall, except as hereinafter excepted,
be competent and compellable to give evidence, either viva
voce or by deposition, according to the practice of the court,
on behalf of either or any of the parties to the proceedings.





6. Nothing in this Ordinance shall render any husband
competent or compellable to give evidence for or against his
wife, or any wife competent or compellable to give evidence
for or against her husband, in any criminal proceedings.

7.In no proceedings shall a husband be compellable to
disclose any communication made to him by his wife during
the marriage nor shall a wife be compellable to disclose any
communication made to her by her husband during the
marriage.

8. (1) Notwithstanding aily rule of law, the evidence
of a husband or wife shall be admissible in any proceedings
to prove that marital intercourse did or did not take place
between them at any period.

(2) Notwithstanding anything in this section or any rule
of law, a husband or wife shall not be cornpellable in any
proceedings to give evidence of the matters aforesaid. [6A

9. No person offered as a witness in any proceedings
shall be excluded by reason of incapacity from crime or
interest from giving evidence, either in person or by deposi-
tion, according to the practice of the court, on the trial or
hearing of any proceedings or at any stage thereof.

10. Nothing in this Ordinance shall render any person
who in any criminal proceedings is charged with an indictable
offence or any offence punishable on summary conviction
compellable to give evidence for or against himself, or shall
render any person in any proceedings compellable to answer
any question tending to criminate himself.

11. In any proceedings instituted in consequence of
adultery, the parties to such proceedings and the husoands
and wives of such parties shall be competent to give evidence
in relation thereto : Provided that no such witness, whether
a party to the proceedings or not, shall be liable to be asked
or bound to answer any question tending to show that he or
she has been guilty of adultery, unless such witness has
already given evidence in the same proceedings in disproof
of his or her alleged adultery.





12. The parties to any action for breach of promise of
marriage shall ba competent to give evidence in such action :
Provided always that no plaintiff in any action for breach of
promise of marriage shall recover a verdict unless his or her
testimony is corroborated by some other material evidence in
support of such promise. [10

13. A party producing a witness in any proceedings
shall not be allowed to impeach his credit by general evidence
of bad character, but he may, in case the witness, in the
opinion of the court, proves adverse, contradict him by other
evidence or by leave of the court, prove that he has made
at other times a statement inconsistent with his Present testi-
mony, but, before such last-mentioned proof can be given,
the circumstances of the supposed statement, sufficient to
designate the particular occasion, must be mentioned to the
witness, and he must be asked whether or not lie has made
such statement. [11

14. If a witness in any proceedings, on cross-
examination as to a former statement made by him relative
to the subject-matter of the proceedings and inconsistent with
his present testimony, does not distinctly admit that he has
made such statement, proof may be given that he did in fact
make it; but, before such proof can be given, the circum-
stances of the supposed statement, sufficient to designate the
particular occasion, must be mentioned to the witness, and
lie must be asked whether or not he has made such statement.
[12

15. A witness in any proceedings may be cross-examined
as to previous statements made by him in writing or reduced
into writing relative to the subject-matter of the proceedings,
without such writing being shown to him; but if it is intended
to contradict such witness by the writing, his attention must,
before such, contradictor proof can be given, be called to

those parts of the writing which are to be used for the purpose
of so contradicting him: Provided always that it shall be
competent for the court, at any time during the trial or hear-
ing of the proceedings, to require the production of the
writing for its inspection, and the court may thereupon make
such use of it for the purposes of the trial or hearing as it
may think fit. [13





16. A witness in any proceedings may be questioned as
to whether he has been convicted of any felony or mis-
demeanor, and, on being so questioned, if he either denies or
does not admit the fact or refuses to answer, it shall be lawful
for the cross-examining or opposite party to prove such
conviction, and in such case, and also whenever it may be
necessary to prove the trial and conviction or acquittal of
any person charged with an indictable offence, a certificate,
record, or extract of the conviction containing the substance
and effect only (omitting the formal part) of the conviction
for such offence, purporting to be signed by the clerk of
the court or other officer having the custody of the records
of the court where the offender was convicted, or acquitted,
or by the deputy of such clerk or officer, shall, on proof
of the identity of the person, be sufficient evidence of such
conviction or acquittal, without proof of the signature or
official character of the person appearing to have signed
the same. [14

17. It shall not be necessary in any proceedings to prove
by the attesting witness any instrument to the validity of
which attestation is not requisite; and such instrument may
be proved by admission or otherwise as if there had been no
attesting witness thereto. [15

18. Comparison of a disputed writing with any writing
proved to the satisfaction of the court to be genuine shall be
permitted to be made by witnesses in any proceedings, and
such writings, and the evidence of witnesses respecting the
same, may be submitted to the court and to the jury, if any,
as evidence of the genuineness or otherwise of the writing
in dispute. [16

PART II.

ADMISSIBLE DOCUMENTS.

19. Whenever any book or other document is of such a
public nature as to be admissible in evidence on its mere
production from the proper custody, and no enactment exists
which renders its contents provable by means of a copy, any
copy thereof or extract therefrom shall be admissible in
evidence in the court, provided it is proved to be an examined





copy or extract or provided it purports to be signed and
certified as a true copy or extract by the officer to whose
custody the original is entrusted, and which officer is hereby
required to furnish such certified copy or extract to any
person applying at a reasonable time for the same, on pay-
ment of a reasonable sum for the same, not exceeding fifty
cents for every folio of seventy-two words. - [17

20. Whenever, by any enactment, any certificate, official
or public document, or proceeding of any corporation or
joint-stock or other company, or any certified copy of any
document, by-law, entry in any register or other book, or
of any other proceeding is. receivable in evidence of any
particular in the court or before the Legislative Council or
any committee thereof, the same shall respectively be
admitted in evidence, provided they respectively purport to
be sealed or impressed with a stamp, or scaled and signed,
or signed alone, as required, or impressed with a stamp and
signed, as directed by the enactment, without any proof of
the seal or stamp where a seal or stamp is necessary, or of
the signature or of the official character of the person
appearing to have signed the same, and without any further
proof thereof, in every case in which the original record
could have been received in evidence. [18

21. Every oath, affidavit, and notarial act, administered,
sworn, or done, under or in accordance with the provisions
of section 6 of the Commissioners for Oaths Acts, 1889, shall
be as effectual as if duly administered, sworn, or done by
or before any lawful authority in the Colony. [19

22. Subject to the provisions of this section, a copy of
an entry in a banker's book shall in all proceedings be
received as prima facie evidence of such entry and of the
matters, transactions, and accounts therein recorded:
Provided-
(a)that such book was, at the time of making the entry,
one of the ordinary books of the bank, and the entry
was made in the usual and ordinary course of busi-
ness, and the book is in the custody or control of
the bank; such proof may be given by a partner
or officer of the bank orally or by an affidavit sworn
before any person authorized to take affidavits;





(b)also, that it is proved, orally or by affidavit sworn
as aforesaid, by some person who has examined the
copy with the original entry, that the copy has been
examined with the original entry and is correct; and
(c)further, that a banker or officer of a bank shall not,
in any proceedings to which the bank is not party,
be compelled to produce any banker's book the
contents of which can be proved under this Ordin-
ance, or to appear as a witness to prove the matters,
transactions, or accounts therein recorded, except by
order of a judge made for special cause. [20

23. (1) On the application of any party to any proceed-
ings, the court or a judge may order that such party be at
liberty to inspect and take copies of any entries in a banker's
book for any of the purposes of such proceedings.

(2) An order under this section may be made either
with or without summoning the bank or any other party,
and shall be served on the bank three clear days before the
same is to be obeyed, unless the court or judge otherwise
directs.

(3) The costs of any application to the court or judge
under or for the purposes of this section, and the costs of
anything done or to be done under an order,of the court or
judge made under or for the purposes of this section, shall
be in the discretion of the court or judge, who may order
the same or any part thereof to be paid to any party by the
bank, where the same have been occasioned by default or
delay on the part of the bank.

(4) Any such order against a bank mav be enforced as
if the bank were a party to the. proceeding. [21

24. General holidays, within the meaning of the Holi-
days Ordinance, shall be excluded from the computation of
time under sections 22 and 23. [22

25. All proclamations, treaties, and other acts of state
of any foreign state or of any British possession, and all
judgments, decrees, orders, and other judicial proceedings

of any court of justice or any consulate in any foreign state
or in any British possession, and all affidavits, pleadings,





and other legal documents, filed or deposited in any such
court or consulate may be proved in the courts of this Colony
either by examined copies or by copies authenticated as
hereinafter mentioned: that is to say, if the document sought
to be proved is a proclamation, treaty or other act of state,
the authenticated copy to be admissible in evidence must
purport to be scaled with the seal of the foreign state or
British possession to which the original document belongs,
and if the document sought to be proved is a judgment,
decree, order, or other judicial proceeding of any court of
justice or any consulate in any foreign state or in any British
possession, or an affidavit, pleading, or other legal docu-
rnent filed or deposited in any such court or consulate, the
authenticated copy to be admissible in evidence must
purport either to be sealed with the seal of such court or
consulate, or, in the event of such court having no seal,
to be signed by the judge or, if there are more judges than
one, by any one of the judges of such court, and such judge
shall attach to his signature a statement in writing on the
said copy that the court of justice whereof he is a judge has
no seal ; but if any of the aforesaid authenticated copies
purport to be sealed or signed as hereinbefore respectively
directed, the same shall respectively be admitted in evidence
in every case in which the original document could have
been received in evidence, without any proof of the seal,
where a seal is necessary, or of the signature, or of the truth
of the statement attached thereto, where such signature and
statement are necessary, or of the judicial character of
the person appearing to have made such signature and
statement. [23

26. (1) Copies of Acts, Ordinances and statutes passed
by the legislature of any British possession, and of orders,
regulations, and other instruments issued or made under
the authority of any such Act, Ordinance, or statute, if
purporting to be printed by the Government printer, shall
be received in evidence by all courts in this Colony without
any proof being given that the copies were so printed.

(2) Any person who prints any copy or pretended copy
of any such Act, Ordinance, statute, order, regulation, or
instrument which falsely purports to have been printed by
the Government printer, or tenders in evidence any such





copy or pretended copy which falsely purports to have been
so printed knowing that it was not so printed, shall be liable
to imprisonment for twelve months.

(3) In this section, 'Government printer' means, as
respects any British possession, the printer purporting to
be the printer authorized to print the Acts, Ordinances, or
statutes of the legislature thereof, or otherwise to be the
iovernment printer of that possession.

(4) The Governor in Council may by order extend this
section to any British protectorate, and when so extended
this section shall apply as if the protectorate were a British
possession, and with such other necessary adaptations as
may be made by the order. [23A

27. (1) All answers to interrogatories, disclaimers,
examinations, affidavits, and attestations of honour, and all
other documents required to be sworn in causes or matters
depending in the Supreme Court, and also acknowledgments
required for the purpose of enrolling any deed in the said
court, shall and may be sworn and taken in England, Scot-
land, or Ireland, or the Channel Islands, or in any other
colony or place under the dominion of His Majesty before
any court, judge, notary public, or person lawfully
authorized to administer oaths in such country, colony, or
place respectively, or before any of His Majesty's consular
officers in any place out of His Majesty's dominions.

(2) The judges and officers of the Supreme Court shall
take judicial notice of the seal or signature, as the case may
be, of any such court, judge, notary public, person, or con
sular officer attached, appended, or subscribed to any such
document as aforesaid. [24

28. (1) Any document purporting tohave affixed, im-
pressed, or subscribed thereon or thereto the seal and
signature of any British ambassador, envoy, minister, charge
d' affaires, secretary of embassy or of legation, or consular
officer in testimony of any such oath, affidavit, or act having
been administered, sworn, had, or done by or before him
under the Acts mentioned in section 21 shall be admitted
in evidence without proof of any such seal and signature or
of the official character of such person.





(2) In this section, 'consular officer' includes every
consul-general, consul, vice-consul, pro-consul, consular
agent, acting consul-general, acting consul, acting vice
consul, and acting consular agent. [25

29. In civil proceedings-
(a)the Gazette and any Government Gazette of any
British possession may be proved by the production
thereof;
(b)all proclamations, acts of state, whether legislative
or executive, nominations, appointments, and other
official communications of the Government appear-
ing in any such Gazette may be proved by its
production;
(e) the court may, on matters of public history, litera-
ture, science, or art, refer, for the purposes of
evidence, to such published books, maps, or charts
as the court may consider to be of authority on the
subject to which they relate;
(d) (i) books printed or published under the
authority of the Government of a foreign country,
and purporting to contain the statutes, code, or
other written law of such country, and also printed
and published books of reports of decisions of the
courts of such country, and books proved to be
commonly admitted in such courts as evidence of
the law of such country, shall be admissible as
evidence of the law of such foreign country; and
(ii) maps made under the authority of any
Government or of any public municipal body, and
not made for the purpose of any litigated question,
shall prima facie be deemed to be correct, and shall be
admitted in evidence without further proof. [26

30. Where any notice, order or other document is
required by any enactment to be published in the Gazette,
or where any document referred to in paragraph (b) of the
preceding section appears in the Gazette, a copy of the
Gazette in which it is so published or appears shall be prima
facie evidence of the facts stated in such notice, order or
document.





31. All documents whatsoever legally and properly filed
or recorded in any foreign court of justice or consulate
according to the law and practice of such court or consulate,
and all copies of such documents, shall be admissible in
evidence in the courts of this Colony on being proved in
like manner as any documents filed or recorded in any
foreign court are provable under this or any other Ordin-
ance; and all docurn nts whatsoever so filed or recorded in
any foreign court or consulate, and all copies of such
documents, shall, when so proved and admitted, be held
authentic and effectual for all purposes of evidence as the
same would be held in such foreign court or consulate. [27

32. All courts, judges, magistrates, justices of the peace,
officers of the courts, commissioners acting judicially, and
other judicial officers shall take judicial notice of the signa
ture of the judges, provided such signature is attached or
appended to any judgment, decree, order, certificate, or other
judicial or official document. [28

33. (1) In any civil proceedings where direct oral
evidence of a fact would be admissible, any statement made
by a person in a document and tending to establish that fact
shall, on production of the original document, be admissible
as evidence of that fact if the following conditions are
satisfied, that is to say-
(a) if the maker of the statement either-
(i) had personal knowledge of the matters dealt
with by the statement; or
(ii) where the document in question is or forms
part of a record purporting to be a continuous
record, made the statement (in so far as the matters
dealt with thereby are not within his personal
knowledge) in the performance of a duty to record
information supplied to him by a person who had,
or might reasonably be supposed to have, personal,
knowledge of those matters; and
(b)if the maker of the statement is called as a witness
in the proceedings:
Provided that the condition that the maker of the state-
ment shall be called as a witness need not be satisfied if he
is dead, or unfit by reason of his bodily or mental condition





to attend as a witness, or if he is beyond the seas and it is
not reasonably practicable to secure his attendance, or if all
reasonable efforts to find him have been made without
success.

(2) In any civil proceedings, the court may at any
stage of the proceedings, if having regard to all the circum-
stances of the case it is satisfied that undue delay or expense
would otherwise be caused, order that such a statement as
is mentioned in subsection (i) shall be admissible as evidence
or may, without any such order having been made, admit
such a statement in evidence-
(a)notwithstanding that the maker of the statement is
available but is not called as a witness;
(b)notwithstanding that the original document is not
produced, if in lieu thereof there is produced a copy
of the original document or of the material part
thereof certified to be a true copy in such manner
as may be specified in the order or as the court may
approve, as the case may be.

(3) Nothing in this section shall render admissible as
evidence any statement made by a person interested at a
time when proceedings were pending or anticipated involving
a dispute as to any fact which the statement might tend to
establish.

(4) For the purposes of this section, a statement in a
document shall not be deemed to have been made by a person
unless the document or the material part thereof was written,
made or produced by him with his own hand, or was signed
or initialled by him or otherwise recognized by him in
writing as one for the accuracy of which he is responsible.

(5) For the purpose of deciding whether or not a state-
ment is admissible as evidence by virtue of the foregoing
provisions, the court may draw any reasonable inference from
the form or contents of the document in which the statement
is contained, or from any other circumstances, and may, in
deciding whether or not a person is fit to attend as a witness,
act on a certificate purporting to be the certificate of a
registered medical practitioner, and where the proceedings
are with a jury, the court may in its discretion reject the
statement notwithstanding that the requirements of this





section are satisfied with respect thereto, if for any reason
it appears to it to be inexpedient in the interests of justice
that the statement should be admitted. [28A

34. (1) In estimating the weight, if any, to be attached
to a statement rendered admissible as evidence by section
33, regard shall be had to all the circumstances from which
any inference can reasonably be drawn as to the accuracy
or otherwise of the statement, and in particular to the
question whether or not the statement was made contem-
poraneously with the occurrence or existence of the facts
stated, and to the question whether or not the maker of the
statement had any incentive to conceal or misrepresent facts.

(2) For the purpose of any rule of law or practice
requiring evidence to be corroborated or regulating the
manner in which uncorroborated evidence is to be treated,
a statement rendered admissible as evidence by section 33
shall not be treated as corroboration of evidence given by the
maker of the statement. [28B

35. Subject as hereinafter in this Part provided, in any
proceedings, whether civil or criminal, an instrument to the
validity of which attestation is requisite may, instead of being
proved by an attesting witness, be proved in the manner in
which it might be proved if no attesting witness were alive :
Provided that nothing in this section shall apply to the
proof of wills or other testamentary documents. [28C

36. In any proceedings, whether civil or criminal, there
shall, in the case of a document proved, or purporting, to be
not less than twenty years old, be made any presumption
which immediately before the 24th day of March, 1939,
would have been made in the case of a document of like
character proved, or purporting, to be not less than thirty
years old. [28D

37. The court may at any stage of any proceedings by
order direct that specified facts may be proved at the trial
by affidavit with or without the attendance of the deponent
for cross-examination, notwithstanding that a party desires
his attendance for cross-examination and that he can be
produced for that purpose. [28E





38. (1) In sections 33 to 37-
'document' includes books, maps, plans, drawings and
photographs;
'statement' includes any representation of fact, whether
made in words or otherwise;
'proceedings' includes arbitrations and references, and
'court' shall be construed accordingly.

(2) Nothing in sections 33 to 37 shall-
(a)prejudice the admissibility of any evidence which
would apart from the provisions of the said sections
be admissible; or
(b)enable documentary evidence to be given as to any
declaration relating to a matter of pedigree, if that
declaration would not have been admissible as
evidence if the said sections had not been enacted.
[28F

PART III.

DEPOSITIONS.

39. Whenever it is proved by the oath of any credible
witness, or in any other manner whatsoever it appears, to the
satisfaction of the Supreme Court, that the Attorney General,
or other person conducting a prosecution on behalf of the
Crown, is unable to produce at the trial any person as a
witness, in consequence of the death of such person, or of his
absence from the Colony, or of the impracticability of serving
process on him, or of his being so ill as not to be able to
travel, or of his being insane, or of his being kept out of the
way by means of the procurement of the person accused, or
of his being resident in a country the laws of which prohibit
his absenting himself therefrom, or which he refuses to quit
after application made to him in that behalf or because he
cannot be found at his last-known place of residence in the
Colony; and if it also appears from the certificate of the
magistrate or other officer hereinafter mentioned that such
person was examined before a magistrate, or other officer to
whom the cognizance of the offence appertained, and that
the usual oath was administered to him prior to his examina-
tion, and that the examination was taken in the presence of
the person accused, and that he, or his counsel or solicitor,
had a full opportunity of cross-examining such person, and





that the evidence so taken was reduced into writing and
read over to and signed by him and also by the magistrate
or other officer as aforesaid, so much of the evidence as would
have been admissible, if the said person had been produced
and examined before the said court in the ordinary manner,
shall be read and received in evidence. [29

40. The production from the custody of the proper
officer of the certificate referred to in section 39 shall be
sufficient proof of the signature of such magistrate or other
officer aforesaid, unless it is proved that such examination
was not taken in manner aforesaid or was not in fact signed
by the person examined or by the magistrate or officer afore
said purporting to sign the same. [30]

41. No objection to the reception in evidence of the
examination of any person shall be permitted to prevail on
the ground that the particular examination of such person
was not signed by the magistrate or other officer as aforesaid,
if it appears, in manner aforesaid, that the depositions
wherein such examination was included were so signed. [31]

42. (1) Whereas it may happen that a person, who is
dangerously ill, and unable to travel, may be able to give
material and important information relating to an indictable
offence or to a person accused thereof, and it is desirable, in
the interests of truth and justice, that means should be
provided for perpetuating such testimony and for rendering
the same available in cases of necessity-
Whenever it is made to appear, to the satisfaction of
any magistrate or justice of the peace, that any person who
is dangerously ill and unable to travel, is able and willing to
give material information relating to an indictable offence
or to a person accused thereof, it shall be lawful for the said
magistrate or any justice of the peace to take in writing his
statement upon oath, and such magistrate or justice shall
thereupon subscribe the same, and shall add thereto by way
of caption a statement of his reason for taking the same,
and of the day and place when and where the same was
taken, and of the names of the persons, if any, assisting at
the taking thereof, and, if the same relates to any offence
for which any accused person is already committed or bailed
to appear for trial, shall transmit the same with the said





addition to the Registrar of the Supreme Court, and in all
other cases to the magistrates' clerk, who are respectively
required to preserve the same and file it for record; and if
afterwards, on the trial of any offender or offence to which
the same may relate, the person who made the said state-
ment is proved to be dead, or if it is proved that there is no
reasonable probability that such person will be able to attend
and give evidence at the trial, it shall be lawful to read such
statement in evidence, either for or against the person
accused, without further proof thereof, if the same purports
to be signed by the magistrate or justice by or before whom
it purports to be taken, and provided it is proved, to the
satisfaction of the court, that reasonable notice of the inten-
tion to take such statement has been given to the person
(whether prosecutor, or person accused) against whom it is
proposed to be read in evidence, and that such person, or
his counsel or solicitor, had or might have had, if he had
chosen to be present, full opportunity of cross-examining the
person who made the same.
(2) No such statement shall be rejected on the ground
of any failure to comply with any of the provisions of sub-
section (I) with regard to the notice or the caption unless
the court is of opinion that the person accused was sub-
stantially prejudiced by such failure. [32]

PART IV.

COMMISSIONS TO TAKE EVIDENCE.

43. (1) Where, on an application for this purpose, it
is made to appear to the court or judge that any of His
Majesty's courts or tribunals of competent jurisdiction out-
side the Colony has duly authorized, by commission, order,
or other process, the obtaining the testimony in or in relation
to any civil proceedings pending in or before such court or
tribunal of any witness out of the jurisdiction of such court
or tribunal and within the jurisdiction of the Supreme Court,
it shall be lawful for the court or judge to order the examina-
tion before the person appointed, and in manner and form
directed by such commission, order, or other process as
aforesaid, of such witness accordingly, so far as not re-
pugnant to the laws and practice of the Colony.

(2) It shall be lawful for the court or judge, by the
same or any subsequent order, to command the attendance





of any person to be named in such order for the purpose
of being examined or of producing any writings or other
documents to be mentioned in such order, and to give all
such directions as to the time, place, and manner of such
examination and all other matters connected therewith as
may appear reasonable and just.

(3) Any such order may be enforced, and any dis
obedience thereof punished, in like manner as in case of an
order made by the court or judge in any action or other
proceeding. [38]

44. (1) Where, on an application by summons for this
purpose, it is made to appear to the court or judgethat any
court or tribunal of competent jurisdiction in a foreign
country, before which any civil or commercial or criminal
proceedings are pending, is desirous of obtaining the
testimony in relation to such proceedings of any witness
within the jurisdiction of the Supreme Court, it shall be
lawful for the court or judge to order the examination upon
oath, upon interrogatories, or otherwise, before any person
named in such order, of such witness accordingly.

(2) It shall be lawful for the court or judge by the
same or any subsequent order to command the attendance
of any person to be named in such order for the purpose of
being examined or of producing any writings or other docu-
ments to be mentioned in such order and to give all such
directions as to the time, place, and manner of such
examination and all other matters connected therewith as
may appear reasonable and just.

(3) Any such order may be enforced in like manner
as an order made by the court or judge in any action or
other proceeding. [39]

45. A certificate under the hand of the ambassador,
minister or other diplomatic agent of any foreign power,
received as such by His Majesty, or in case there be no
such diplomatic agent, then of the consul-general or consul
of any such foreign power at London, received and admitted
as such by His Majesty, or of the consul-general, consul, or
vice-consul, of any such foreign power in the Colony,
received and admitted as such, that any matter in relation to
which an application is made under this Ordinance is a civil,





or commercial, or, criminal matter pending before a court
or tribunal in the country of which he is the diplomatic agent
or consul having jurisdiction in the matter so pending, and
that such court or tribunal is desirous of obtaining the
testimony of the witness to whom the application relates,
shall be evidence of the matters so certified ; but where no
such certiticate is produced, other evidence to that effect
shall be admissible. [40]

46. When, under any such commission, order, or other
process as is mentioned in section 43 or under any order
made under section 44 any witness is to be examined, such
witness shall be examined upon oath, affirmation and
declaration, or declaration alone or otherwise according to
the law and practice of the Colony: Provided always-
(a)that every person whose attendance is required
under any such commission, order, or other process
shall be entitled to the like conduct money and pay-
ment of expenses and loss of time as on attendance
at the trial or hearing of any action or other pro-
ceeding before the Supreme Court;
(b)that every person examined under any such com-
mission, order, or other process shall have the like
right to refuse to answer questions tending to cri-
minate himself and all such other questions to
which he would be entitled to object in similar
proceedings before the Supreme Court; and
(c)that no person shall be compelled to produce, under
any such order as aforesaid, any writing or other
document that he would not be compellable to pro-
duce at the trial or the hearing of any action or
other proceeding before the Supreme Court. [41]

PART V.

OATHS, AFFIRMATIONS, ETC.

47. The court is hereby empowered to administer an
oath to all such persons as are legally called or appear volun-
tarily before it. [42]

48. (1) The Legislative Council and any committee
thereof may administer an oath to any witness examined
before such Council or committee, and for that purpose shall





have all such and the like powers, rights, and privileges as
are now possessed or exercisable by the House of Commons
of the United Kingdom or any committee thereof in respect
of enforcing the attendance of witnesses, and punishing
persons guilty of contempt.

(2) Any oath or affirmation may be administered by
the presiding member of the said Council or any committee
thereof.

49. (1) Any oath mnay be administered and taken in
the form and manner following-
The person taking the oath shall hold the New Testa-
ment, or, in the case of a Jew, the Old Testament, in his
uplifted hand, and shall say or repeat after the officer
administering the oath the words 'I swear by Almighty God
that,' followed by the words of the oath
prescribed by law.

(2) The officer shall, unless the person about to take
the oath voluntarily objects thereto, or is physically incap-
able of so taking the oath, administer the oath in the form
ind manner aforesaid without question: Provided that, in
the case of a person who is neither a Christian nor a Jew,
the oath may be administered in any manner which is now
lawful.

(3) In this section 'officer' includes every person
authorized to administer oaths. [43]

50. If any person to whom an oath is administered
desires to swear with uplifted hand, in the form and manner
in which an oath is usually administered in Scotland, he
shall be permitted so to do, and the oath shall be administer-
ed to him in such form and manner without further question.
[44]

51. Where an oath has been duly administered and
taken, the fact that the person to whom the same was ad-
ministered had, at the time of taking such oath, no religious
belief, shall not for any purpose affect the validity of such
oath. [45]





52. (1) Any person upon objecting to being sworn, and
stating, as the ground of such objection, either that he has
no religious belief, or that the taking of an oath is contrary
to his religious belief, shall be permitted to make his solemn
affirmation instead of taking an oath in all places and for
all purposes where an oath is or shall be required by law.
(2) Any person who is neither a Christian nor a Jew
shall be permitted to make his solemn affirmation instead of
taking an oath in all places and for all purposes where an
oath is or shall be required by law.

(3) Every such affirmation shall commence 'I, A.B.,
do solemnly, sincerely, and truly declare and affirm,' and
then proceed with the words of the oath prescribed by law,
omitting any words of imprecation or calling to witness.
(4) Every affirmation in writing shall commence, 'I,
, of , do solemnly and sincerely
affirm,' and the form in lieu of jurat shall be 'Affirmed at
, this day of , 19 ,
Before me .'

(5) Every affirmation shall be of the same force and
effect as an oath in the usual form. [46

53. If any person taking an oath or making an affirma-
tion is ignorant of the English language the oath or affirma-
tion shall be interpreted to him by a sworn interpreter. [47

PART VI.

MISCELLANEOUS.

54. Whenever any forged document has been admitted
in evidence by virtue of this Ordinance, the court or the
person who has admitted the same, may, at the request of
any party against whom the same is so admitted in evidence,
direct that the same shall be impounded and be kept in the
custody of such officer of the court or other proper person,
for such period, and subject to such conditions as to the
court or person may seem meet. [48

55. In any prosecution for murder or manslaughter any
medical notes or report by any Government medical officer
which purport to relate to the deceased shall be admissible in





evidence upon proof of the handwriting of such Government
medical officer, and upon proof of his death or absence from
the Colony. [49

56. On the hearing of any indictable offence it shall be
the duty of the magistrate to take down in the minute of
proceedings any material statement or observation made, and
any evidence given, by the accused in the course of the
proceedings, and, without prejudice to any other method of
proof, any such statement or observation or evidence so taken
down shall be admissible in evidence against the accused on
his trial upon production ofthe minute of proceedings. [50

57. (1) It shall be lawful for the Governor or any judge
on application by affidavit, to issue a warrant or order under
his hand for bringing up any prisoner or person confined in
prison under any sentence or under commitment for trial or
otherwise (except under process in any civil proceedings)
before any court, judge, magistrate, or other judicature to
make his defence or to be examined as a witness in any pro-
ceedings depending or to be inquired of or determined in or
before such court, judge, magistrate, or judicature.

(2) Such prisoner or person shall be brought under the
same care and custody, and be dealt with in like manner in
all respects, as a prisoner required by any writ of habeas
corpus awarded by the Supreme Court to be brought before
the said court to be examined as a witness in any cause or
matter depending before the said court is by law required to
be dealt with. [51

58. Nothing in this Ordinance shall be construed to
repeal any provisions contained in the Wills Act, 1837. [52
Originally 2 of 1889. Fraser 2 of 1889. 12 of 1886. 31 of 1911. 6 of 1939. 2 of 1946. 9 of 1950. 24 of 1950. 37 of 1950. Short title. Interpretation. 9 of 1950, Schedule. [cf. 14 & 15 Vict. C. 99, s. 16.] Incompetency from immature age or unsoundness of mind. [s. 3 cont.] Evidence of child of tender years. 8 Edw. 7, c. 67, s. 30. (Cap. 227.) (Cap. 226.) Evidence of parties. [cf. 14 & 15 Vict. C. 99, s. 2; 16 & 17 Vict. C. 83, s. 1.] Evidence of husband and wife. [cf. 14 & 15 Vict. C. 99, s. 3; 16 & 17 Vict. C. 83, s. 2.] Privilege of husband and wife. 16 & 17 Vict. C. 83, s. 3. Evidence of access. 12, 13 & 14 Geo. 6, c. 100. 37 of 1950, Schedule. No incapacity from crime or interest. 6 & 7 Vict. c. 85, s. 1. Exception as to defendant in criminal proceedings. [cf. 14 & 15 Vict. c. 99, s. 3] Evidence of parties and their husbands and wives in proceedings for adultery. 32 & 33 Vict. c. 68, s. 3. Evidence of parties in action for breach of promise. 32 & 33 Vict. C 68, s. 2. Discrediting a witness. 17 & 18 Vict. C. 125, s. 22; 28 & 29 Vict. C. 18, s. 3. Proof of contradictory statement of adverse witness. 28 & 29 Vict. C. 18, s. 4. Cross-examination as to previous statement in writing. 17 & 18 Vict. c. 125, s. 24; 28 & 29 Vict. c. 18, s. 5. Proof of conviction and previous conviction for indictable offence. 14 & 15 Vict. C. 99, s. 13; 17 & 18 Vict. C. 125, s. 25; 28 & 29 Vict. C. 18, s. 6; 34 & 35 Vict c. 112, s. 18. Attesting witness need not be called. 17 & 18 Vict. C. 125, s. 26; 28 & 29 Vict. c. 18, s. 7. Copy of document of public nature. 14 & 15 Vict. c. 99, s. 14. [s. 19 cont.] 9 of 1950, Schedule. Official documents. 8 & 9 Vict. C. 113, s. 1. Admissibility of notarial acts done before British diplomatic and consular officers 52 & 53 Vict. C. 10 s. 6 (1). Copy of entry in banker's book. 42 & 43 Vict. C. 11, ss. 3-6. Court or judge may direct copies of entries in banker's book to be taken. 42 & 43 Vict. C. 11, ss. 7, 8. Computation of time. 42 & 43 Vict. C. 11, s. 11. (Cap. 149.) Proof of foreign or colonial act of state, judgment, etc. 14 & 15 Vict. C. 99, s. 7. [s. 25 cont.] Proof of statutes. British possessions. 7 Edw. 7, c. 16, s. 1. Swearing of answer, etc., in Supreme Court in England, etc. 15 of 16 Vict. C. 86, s. 22. Admissibility of document having seal and signature of British ambassador, etc. 18 & 19 Vict, c. 42, s. 3. [s. 28 cont.] 52 Vict. C. 10, s. 6 (1); 54 & 55 Vict. C. 50, s. 2. Proof of various matters in civil proceedings. 9 of 1950. Schedule. Effect of notices in Gazette. 31 of 1911, s. 37. Admissibility of document filed in foreign court or consulate. Courts to take judicial notice of signature of judges, etc. 8 & 9 Vict. C. 113, s. 2. Admissibility of documentary evidence as to facts in issue. 6 of 1939, s. 2. [s. 83 cont.] Weight to be attached to evidence. 6 of 1939, s. 2. Proof of instrument to validity of which attestation is necessary. 6 of 1939, s. 2. Presumptions as to documents twenty years old. 6 of 1939, s. 2. Power to order proof of specified facts by affidavit with or without attendance of deponent. 6 of 1939, s. 2. Interpretation and savings. 6 of 1939, s. 2. Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 11 & 12 Vict. C. 43, s. 17. Prima facie proof of examination having been duly taken. Objection that deposition tendered was not signed by magistrate. Power to take deposition of person dangerously ill etc., and admissibility thereof. 30 & 31 Vict. C. 35, s. 6. [s. 42 cont.] Examination of witnesses in the Colony in relation to action pending before British court. 22 Vict. C. 20, s. 1. Examination of witnesses in the Colony in relation to proceedings pending in foreign country. 19 & 20 Vict. C. 113, s. 1. [cf. 33 & 34 Vict. C. 52, s. 24.] Effect of certificate of ambassador, etc., as evidence in support of application. 19 & 20 Vict. C. 113, s. 2. [s. 45 cont.] Examination of witness under ss. 42 & 43. 19 & 20 Vict. C. 113, ss. 3, 4, 5; 22 Vict. C. 20, s. 3, 4. Administration of oath. 14 & 15 Vict. C. 99, s. 16. Powers of Legislative Council as to examination of witnesses. 34 & 35 Vict. C. 83, s. 1. 12 of 1886, ss. 2, 3. 24 of 1950, Schedule. Normal manner of administration of oaths. 9 Edw. 7, c. 30, ss. 2, 3. Swearing with uplifted hand. 51 & 52 Vict. C. 46, s. 5. Oath not affected by absence of religious belief. 51 & 52 Vict. c. 46, s. 3. Affirmation in lieu of oath. 51 & 52 Vict. C. 46, s. 1. 51 & 52 Vict. C. 46, s. 2. 51 & 52 Vict. C. 46, s. 4. Interpretation of oaths and affirmations. Impounding of forged document admitted in evidence. 8 & 9 Vict. C. 113, s. 4; 14 & 15 Vict. C. 99, s. 17. Admissibility of certain medical notes and reports. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial. Warrant or order to bring up prisoner to give evidence. 16 & 17 Vict. C. 30, s. 9. Saving as to 7 Will. 4 & 1 Vict. C. 26.

Originally 2 of 1889. Fraser 2 of 1889. 12 of 1886. 31 of 1911. 6 of 1939. 2 of 1946. 9 of 1950. 24 of 1950. 37 of 1950. Short title. Interpretation. 9 of 1950, Schedule. [cf. 14 & 15 Vict. C. 99, s. 16.] Incompetency from immature age or unsoundness of mind. [s. 3 cont.] Evidence of child of tender years. 8 Edw. 7, c. 67, s. 30. (Cap. 227.) (Cap. 226.) Evidence of parties. [cf. 14 & 15 Vict. C. 99, s. 2; 16 & 17 Vict. C. 83, s. 1.] Evidence of husband and wife. [cf. 14 & 15 Vict. C. 99, s. 3; 16 & 17 Vict. C. 83, s. 2.] Privilege of husband and wife. 16 & 17 Vict. C. 83, s. 3. Evidence of access. 12, 13 & 14 Geo. 6, c. 100. 37 of 1950, Schedule. No incapacity from crime or interest. 6 & 7 Vict. c. 85, s. 1. Exception as to defendant in criminal proceedings. [cf. 14 & 15 Vict. c. 99, s. 3] Evidence of parties and their husbands and wives in proceedings for adultery. 32 & 33 Vict. c. 68, s. 3. Evidence of parties in action for breach of promise. 32 & 33 Vict. C 68, s. 2. Discrediting a witness. 17 & 18 Vict. C. 125, s. 22; 28 & 29 Vict. C. 18, s. 3. Proof of contradictory statement of adverse witness. 28 & 29 Vict. C. 18, s. 4. Cross-examination as to previous statement in writing. 17 & 18 Vict. c. 125, s. 24; 28 & 29 Vict. c. 18, s. 5. Proof of conviction and previous conviction for indictable offence. 14 & 15 Vict. C. 99, s. 13; 17 & 18 Vict. C. 125, s. 25; 28 & 29 Vict. C. 18, s. 6; 34 & 35 Vict c. 112, s. 18. Attesting witness need not be called. 17 & 18 Vict. C. 125, s. 26; 28 & 29 Vict. c. 18, s. 7. Copy of document of public nature. 14 & 15 Vict. c. 99, s. 14. [s. 19 cont.] 9 of 1950, Schedule. Official documents. 8 & 9 Vict. C. 113, s. 1. Admissibility of notarial acts done before British diplomatic and consular officers 52 & 53 Vict. C. 10 s. 6 (1). Copy of entry in banker's book. 42 & 43 Vict. C. 11, ss. 3-6. Court or judge may direct copies of entries in banker's book to be taken. 42 & 43 Vict. C. 11, ss. 7, 8. Computation of time. 42 & 43 Vict. C. 11, s. 11. (Cap. 149.) Proof of foreign or colonial act of state, judgment, etc. 14 & 15 Vict. C. 99, s. 7. [s. 25 cont.] Proof of statutes. British possessions. 7 Edw. 7, c. 16, s. 1. Swearing of answer, etc., in Supreme Court in England, etc. 15 of 16 Vict. C. 86, s. 22. Admissibility of document having seal and signature of British ambassador, etc. 18 & 19 Vict, c. 42, s. 3. [s. 28 cont.] 52 Vict. C. 10, s. 6 (1); 54 & 55 Vict. C. 50, s. 2. Proof of various matters in civil proceedings. 9 of 1950. Schedule. Effect of notices in Gazette. 31 of 1911, s. 37. Admissibility of document filed in foreign court or consulate. Courts to take judicial notice of signature of judges, etc. 8 & 9 Vict. C. 113, s. 2. Admissibility of documentary evidence as to facts in issue. 6 of 1939, s. 2. [s. 83 cont.] Weight to be attached to evidence. 6 of 1939, s. 2. Proof of instrument to validity of which attestation is necessary. 6 of 1939, s. 2. Presumptions as to documents twenty years old. 6 of 1939, s. 2. Power to order proof of specified facts by affidavit with or without attendance of deponent. 6 of 1939, s. 2. Interpretation and savings. 6 of 1939, s. 2. Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 11 & 12 Vict. C. 43, s. 17. Prima facie proof of examination having been duly taken. Objection that deposition tendered was not signed by magistrate. Power to take deposition of person dangerously ill etc., and admissibility thereof. 30 & 31 Vict. C. 35, s. 6. [s. 42 cont.] Examination of witnesses in the Colony in relation to action pending before British court. 22 Vict. C. 20, s. 1. Examination of witnesses in the Colony in relation to proceedings pending in foreign country. 19 & 20 Vict. C. 113, s. 1. [cf. 33 & 34 Vict. C. 52, s. 24.] Effect of certificate of ambassador, etc., as evidence in support of application. 19 & 20 Vict. C. 113, s. 2. [s. 45 cont.] Examination of witness under ss. 42 & 43. 19 & 20 Vict. C. 113, ss. 3, 4, 5; 22 Vict. C. 20, s. 3, 4. Administration of oath. 14 & 15 Vict. C. 99, s. 16. Powers of Legislative Council as to examination of witnesses. 34 & 35 Vict. C. 83, s. 1. 12 of 1886, ss. 2, 3. 24 of 1950, Schedule. Normal manner of administration of oaths. 9 Edw. 7, c. 30, ss. 2, 3. Swearing with uplifted hand. 51 & 52 Vict. C. 46, s. 5. Oath not affected by absence of religious belief. 51 & 52 Vict. c. 46, s. 3. Affirmation in lieu of oath. 51 & 52 Vict. C. 46, s. 1. 51 & 52 Vict. C. 46, s. 2. 51 & 52 Vict. C. 46, s. 4. Interpretation of oaths and affirmations. Impounding of forged document admitted in evidence. 8 & 9 Vict. C. 113, s. 4; 14 & 15 Vict. C. 99, s. 17. Admissibility of certain medical notes and reports. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial. Warrant or order to bring up prisoner to give evidence. 16 & 17 Vict. C. 30, s. 9. Saving as to 7 Will. 4 & 1 Vict. C. 26.

https://oelawhk.lib.hku.hk/items/show/1654

DISTRESS FOR RENT ORDINANCE

CHAPTER 7.
DISTRESS FOR RENT ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section ...................Page

1. Short title .............................. ... ... ... ... ... 257
2. Interpretation........................... ... ... ... ... ... ... 257

Part I-JURISDICTION.

3. Issuing of warrants of distress ............ ... ... ... 257
4. Punishment of unauthorized person levying distress ... 257

5. Employment and payment. of bailiffs ........ ... ... 257
6. Fees .. . ............................... ... ... ... ... ... 257

7. Limitation of time for issue of warrant ... ... ... ... 258

Part II-MAKING OF DISTRESS.

8. Application for warrant ................. ... ... ... 258
9. Form of power of attorney ............... .... ... ... ... 258
10. Form of affidavit ...................... ... ... ... ... ... 258
11. Issue of warrant ....................... ... ... ... ... ... 258
12. Refusal of warrant ..................... ... ... ... ... ... 258
13. Appeal from refusal ....................... ... ... ... 258

14. Time for making distress................... ... ... ... ... 258
15. Property liable to seizure................. ... ... ... ... ... 259
16. Property not liable to seizure ............ ... ... ... ... 259
17. Making of inventory on seizure ............ ... ... ... ... 259
18. Filing of inventory, etc . ............. ... .... ... ... ... 259
19. Entry, and forcible entry .. ........ . ... ... ... ... 259
20. Impounding of property seized .......... ... ... ... ... 260

Part III-DISCHARGE OF AND COMPENSATION
FOR WRONGFUL DISTRESS.
21. Discharge or suspension of warrant or releasj of distress 260
22. Costs of application ................... ... ... ... ... ... 260
23. Wrongful distress ............ ......... ... ... ... ... 260
24. Adjudication in case of wrongful distress ... ... ... 261

25. Compensation for wrongful distress ..... ... ... ... ... 261
26. Power to allow time for payment of rent... ... ... ... 261





Section Part IV-SALE OF DISTRESS. Page

27. Mode of sale of distress ............... ... ... 261
28. Right of debtor as to manner of sale ... ... ... ... 262

Part V-DESERTED PREMISES.

29. Case of deserted premises, where no distress left ... 262

Part VL-RULES AS TO DISTRESS.

30. Distress for arrears of rent on determination of lease ... 263
31. Priority of landlord's right ........... ... ... ... ... 263
32. Property seized under writ or warrant of Supreme Court 263
33. Distraint after satisfaction of execution ... ... ... ... 264
34. Persons allowed to apply for distress warrant ... ... 264
35. Right of one of several parties to institute proceedings 264
36. Removal of property under distraint .... ... ... ... ... 265
37. Following property liable to seizure and removed ... ... 265
38. Restoration of property removed but bona fide sold ... 265
39. Fraudulent removal of property by tenant ... ... ... 266
40. Application of Ordinance ............... ... ... ... 266
41. Protection against irregularity in proceedings ... ... ... 266
42. Exclusion of Crown rents ............... ... ... ... ... 266
43. Power to amend Schedules ............... ... ... ... ... 266

SCHEDULES.

First Schedule-Fees .................. ... ... ... ... 267
Second Schedule-Forms................. ... ... ... ... 267





CHAPTER 7.

DISTRESS FOR RENT.

To consolidate and antend the laws relating to distraints
for rent.

[ist March, 1883.1

1. This Ordinance may be cited as the Distress for
Rent Ordinance.

2. In this Ordinance-

'court' means the Supreme Court in its summary jurisdiction;
'Registrar' means the Registrar of the Supreme Court.

PART I.
JURISDICTION.

3. The court shall have jurisdiction to issue warrants
of distress for arrears of rent in all cases, without respect to
the value of the property on which the rent is to be levied
and without respect to the amount of rent to be levied.

4. (1) No distress shall be levied for arrears of rent
except under the provisions of this Ordinance.
(2) Any person, not being a bailiff or officer acting.
under this Ordinance, who levies or attempts to levy any
such distress shall upon summary conviction be liable to a
fine of five hundred dollars or to imprisonment for three
months, in addition to any other liability which he may
have incurred by his proceedings.

5. (1) The bailiffs of the court shall be employed
under the provisions of this Ordinance.

(2) The salaries, allowances, and expenses of the bailiffs
and other officers employed under this Ordinance shall be
paid out of the general revenue.

6. (1) All fees collected under this Ordinance for
services by such bailiffs and officers shall be paid into the
general revenue.





(2) No fees shall be taken or demanded for such
distresses except those set out in the First Schedule.

7. No warrant shall be issued in any case for arrears
of rent due for more than twelve months at the time of the
application.

PART II.

MAKING OF DISTRESS.

8. Any person claiming to be entitled to arrears of
rent, or his duly constituted attorney or agent, may apply
for such warrant as is hereinafter mentioned.

9. A power of attorney to an agent authorized to apply
for warrants of distress may be either general or for the
particular case, and shall be exempt from stamp duty, if
confined solely to the purpose of giving authority to distrain
for rent under this Ordinance.

10. Every application for a warrant shall be supported
by an affidavit, sworn in like manner as other affidavits in
the court.

11. A warrant may be issued by a judge or, in the
absence of any judge from the court house, by the Registrar,
returnable within six days and addressed to any one of the,
bailiffs of the court.

12. The judge or Registrar to whom application is made
may, on examination of the person applying for such
warrant, decline to issue the same.

13. (1) if a judge declines to issue such warrant,
application may be made to the Full Court as provided in
cases under se~tion 28 of the Supreme Court Ordinance.

(2) If the Registrar declines to do so, application may
be made to a judge in the first instance. A deputy registrar
may, however, refer any application to the Registrar.

14. Every distress shall be made after sunrise and
before sunset, and not at any other time, except by special
leave of the court or a judge.





15. In pursuance of the warrant aforesaid, the bailiff
shall seize the movable property found in or upon the house
or premises mentioned in the warrant, and in the apparent
possession of the person or firm from whom the rent is
claimed (hereinafter called the debtor), or such part thereof
as may in the bailiff's judgement, be sufficient to cover the
amount of the rent, together with the costs of the distress.

16. The bailiff shall not seize -
(a) things in actual use, in the hands of a person at
the time of seizure; or
(b) tool and implements not in use, where there is
other movable property in or upon the house or
premises sufficient to over the amount of the rent
and costs; or
(c) good of a temporary guest at an inn; or
(d) goods of a lodger at a furnished lodging-house; or
(f) goods in the custody of the law; or
(g) good delivered to a person or firm exercising a
public trade, to be carried, wrought, worked up,
or managed in the way of the trade or employ of
such person or firm.

17. On seizing dny property under section iS, the
bailiff shall make an inventory and appraisement of such
property, and shall give a copy of such inventory and
appraisement and notice in writing, to the debtor or to any
other person on his behalf, in or upon the said house or
premises.

18. The bailiff shall, as soon as may be, file in the
court copies of the said inventory, appraisement, and notice.

19. (1) Any bailiff or officer appointed to execute a
distress warrant may break open inner doors.

(2) If he is denied admittance to any building as to
which he has a warrant to distrain, after declaring his name
and business, or if, after waiting a reasonable time, no person
answers or is in the building, he may apply to the court
for authority to break open outer doors and windows, so





far as may be necessary to enable him to execute the war-
rant.

(3) The court, on being satisfied, by the affidavit of the
bailiff or officer, that there are no reasonable means of
executing the warrant without break-ing open such outer
doors or windows, may grant an order in writing, addressed
to a bailiff of the court, authorizing him to break open, or
have broken open, such doors and windows.

(4) Before executing such order, however, the bailiff
shall inform any person in or about the building that lie. has
such order and that he is about to act on it, unless the doors
or windows are opened.

20. The bailiff may impound or otherwise secure the
property seized in or on the house or premises chargeable
with the rent or may remove the same.

PART III.

DISCHARGE OF AND COMPENSATION FOR

WRONGFUL DISTRESS.

21. The debtor, or any other person alleging himself
to be the owner of any property seized under this Ordinance,
may, at any time within five days from such seizure, on
twenty-four hours' notice to the person who obtained the
warrant and to the bailiff, setting out the facts on which the
claim is founded, verified by affidavit, apply to the court
to discharge or suspend the warrant or to release a distrained
article; and the court may discharge or suspend such war-
rant or release such article accordingly, on such terms aS
it may think just.

22. On any such application, the costs attending it and
attending the issue and execution of the warrant shall be in
the discretion of the court, and shall be paid as the court
directs.

23. If any claim is made to or in respect of any property
seized under a distress warrant, or in respect of the proceeds
or value thereof, by any person not being the debtor, the
Registrar, on the application of the bailiff who seized the





property, may issue a summons calling before the court the
claimant and the person who obtained the warrant, and
thereupon any action which may have been brought in
respect of such claim shall be stayed, and the court, on proof
of the service of such summons and that the property was
so distrained, may order the plaintiff to pay the costs of all
proceedings in such action after the service of such
Summons.

24. (1) Every such claim shall be verified by affidavit
setting Out the facts on which it is founded.

(2) When so verified the court shall adjudicate there-
upon, and make such order between the parties in respect
thereof, and of the costs of the proceedings, as it thinks lit.

(3) Such order shall be enforced as if it were an order
made in an action brought in the court.

25. (1) In any case under section 21 or 23, the court
may, if a claim has been made therefor at the time of applica-
tion, and if it appears to the court that the landlord or bailiff
had no reasonable ground for believing that the goods were
properly distrainable, award such compensation by way of
damages to the applicant or claimant, as the case may be,
as the court thinks fit, and may for that purpose make any
inquiry it thinks necessary.

(2) The order of the court awarding or refusing such
compensation sliall bar any action in respect of injury
caused by the distress.

26. The court may, at any time, on the application
of the debtor and on reasonable notice being given of the
application to the person who obtained the warrant, give
time to the debtor to pay the rent due from him, on such
terms as it may think just and reasonable.

PART IV.

MODE OF SALE OF DISTRESS.

27. (1) In default of any order to the contrary, the
distrained property shall be sold on the day mentioned in
the notice of appraisement and sale hereinbefore referred





to, and such sale shall be conducted at such place.and time
and by such. person as the Registrar may direct, whether
by an auctioneer or by a bailiff of the court.

(2) The auctioneer or bailiff. shall, on realizing the
proceeds, pay over the amount thereof to the court, and
such amount shall be applied first in payment of the costs
of the distress, and then in satisfaction of the debt; and
the surplus, if any, shall be returned to the debtor.

28. The debtor may require that the sale shall take
place in any other manner than that directed by the Regis-
trar, on giving security for any extra costs or loss thereby,
or that, in the opinion of the Registrar, may be thereby
occasioned.

PART V.

DESERTED PREMISES.

29. (1) Where any immovable property is held at a
rack rent, or where the rent reserved is full three-fourths
of the yearly value of the demised premises, and where
neither the value of the premises by the year, nor the rent
payable in respect of the tenancy by the year, exceeds three
hundred dollars, if the tenant is in arrears for two months
and deserts the demised premises and leaves the same
uncultivated or unoccupied, so as no sufficient distress can
be had to countervail the arrears of rent, it shall be lawful
for the court, at the request of the lessor or landlord or
his agent and on information upon oath, to issue its war-
rant authorizing any bailiff to enter on the premises,
breaking any doors, windows, or gates, if necessary; and,
if the premises are found to be deserted with no sufficient
distress therein, to place the same in charge of a bailiff
and to affix a notice thereon, in a conspicuous place, that,
unless cause to the contrary is shown before the court
within ten days, the premises will be given over to the
applicant.

(2) If no such cause is shown, it shall be lawful for
the court, on proof of'the fact of desertion, of non-payment
of at least two months' rent last due, of want of sufficient
distress, and that the applicant is the lessor or landlord





of the premises or entitled under this Ordinance to a
distress warrant, to make an order directing a bailiff to put
the applicant in possession of the premises, and the demise
shall become void.

PART VI.

RULES AS TO DISTRESS.

30. Arrears of rent may be distrained for after the end
or determination of any term or lease at will, in the same
manner as if such term or lease had not been ended or
determined: Provided that such distress is made during
the continuance of the possession of the tenant from whom
such arrears became due.

31. No personal property shall be removed from any
premises under any writ from any court, other than writs
in Crown suits, until the claim for rent due. to the landlord
or lessor or person entitled to receive the rent is satisfied:
Provided that such claim shall not in any case exceed the
amount due for six months' rent last due.

32. (1) If personal property, otherwise liable to distress
for rent, is at the time of the issue of any distress
warrant or thereafter before seizure by the bailiff under such
warrant, seized under any writ or warrant of the Supreme
Court, the said bailiff shall not seize such personal property,
but shall return the warrant into court and deliver copies
thereof to the execution creditior or his agent and to the
debtor, either personally or by leaving the same at the
place where the goods were seized.

(2) Such execution creditor or debtor or either of them
may apply to the court to discharge or suspend the war-
rant within the time and in the manner mentioned in section
21, and if no such application is made within the said time,
the Registrar shall, out of the first money to be received
by him from the officer executing such writ or warrant,
pay over to the person obtaining such distress warrant the
amount thereof : Provided that if the amount mentioned
in the distress warrant exceeds the amount due for six
months' rent, the. Registrar shall pay the amount of rent
due for six months and the costs and no more.





33. If any execution is paid off after the issue. of a
distress warrant, the bailiff shall immediately execute the
distress warrant.

34. The following persons may, either personally or
by their attorneys or agents, apply for warrants to distrain
for arrears of rent due to the estates represented by them
that is to say-
(a)executors or administrators of any lessor or land-
lord or person entitled to receive rents;
(b) guardians for infants ;
(c) committees of lunatics for the lunatics;
(d)receivers appointed by courts for the estate over
or for which they are appointed;
(e)assignees and trustees in bankruptcy for the estate
of the bankrupt;
mortgagees for the property mortgaged, if the
mortgagee is in possession;
(g) trustees for the estate over which the trust extends;
(h) to lessees against their underlessees;
(i)the Registrar for premises seized under execution,
if rented to tenants by the person against whorn
the execution is issued, or otherwise rented so diat
the rent is payable to such person ; and
married women, with or without the concurrence
of their husbands, for arrears of rent due on pro-
perty held by them to their sole and separate use.

35. Where a right to distrain accrues to parties jointly
interested or together i~terested in any premises, such as
coparceners, joint tenants, tenants in common, executors,
administrators, trustees, guardians, partners, or otherwise,
proceedings under this Ordinance may be taken by any one
of such parties, in his own name and the name or names
of those jointly or together interested with him, and the
levying of rent so distrained for shall be a complete dis-
charge to the tenant for the rent or for so much thereof
as may be so levied; and the party so levying shall be
liable to account to the parties having the interest jointly
or together with him for all sums so levied: Provided
that if, in any particular case, it appears to the court or
to the Registrar to be advisable to do so, the court or





the Registrar may require the party so applying to produce
a written authority to distrain, signed by one or more of
the persons jointly or together interested with him.

36. No property found at the time of distraint in or
on any premises as to which an arrear of rent is due shall
be removed from such premises without the consent of the
person issuing the distress warrant, or by direction of the
Registrar, until satisfaction is made for the rent due, if
the arrear has accrued during the current tenancy, and if
at any time such property would have been liable to dis-
traint for rent under this Ordinance ; and the landlord or
lessor shall be entitled to require the bailiff, on giving such
bailiff a sufficient indemnity, to the satisfaction of the
Registrar, to follow the property, if removed, and seize the
same under the distress warrant, whether or not such pro-
perty was afterwards disposed of by the owner by way of
sale, exchange, mortgage, pledge, or otherwise.

37. If the tenant or lessee or person in possession or
occupation of any premises on which there is an arrear of
rent due, recoverable by distress, removes or carries away,
or causes or permits to be removed or carried away, from
the prernis es any movable property liable to be seized for
such rent, so as to prevent or hinder the bailiff from dis-
training the same, it shall be lawful for the court, on
application verified by affidavit, to authorize the bailiff. to
whoin the warrant of distress to distrain for the rent on
such premises is addressed, and the officers acting with
him, to follow and to take and seize such property as a
distress for the said arrears of rent, wherever the same may
be found, at any time within thirty days from the day of
its removal, exclusive of the day of removal, and to deal
with the property so removed in the same way as if it
had been found on the premises, and, if advisable to do
so, to place the same again in the premises: Provided
that it shall be lawful for the bailiff, without such authority,
to follow and seize any such property found by him in
the act of being removed from any such premises, and
before the same is placed in any other house or building.

38. If such property or any part thereof so removed
or carried away under the circumstances mentioned in





sections 36 and 37 has been sold bona fide and for a suffi-
cient consideration, before or after removal from the
premises distrained, to any person not knowing and not
having the means of knowing that the same was liable to
distraint for rent, or was removed or carried away, or was
to be removed or carried away, so as to prevent or hinder
the landlord or lessee from distraining, the same, or so
much thereof as has been so sold, shall be restored by
the bailiff distraining or by the court on application under
section 21.

39. Any tenant or lessee or person in possession or
occupation who fraudulently removes or carries away
movable property as aforesaid, and any person who wil-
fully and knowingly aids or assists such tenant or lessee
or person in such fraudulent removal or carrying away,
shall be deemed to be guilty of a misdemeanor.

40. The provisions of this Ordinance shall extend to
New Kowloon and to any other land exempted from Part
II of the New Territories Ordinance, notwithstanding any-
thing contained in that Ordinance.

41. Where any distress is made for any sum of money
to be levied by virtue of this Ordinance, the distress itself
shall not be deemed unlawful, nor the party making the
same be deemed a trespasser, on account of any defect or
want of form in the proceeding relating thereto, nor shall
the party distraining be deemed a trespasser from the
beginning on account of any irregularity which may after-
wards be committed by the party so distraining, but the
person aggrieved by such irregularity may recover satisfac-
tion for the special damages in an action as provided by
section 25.

42. Nothing in this Ordinance shall be held to apply
to rents due to the Crown.

43. It shall be lawful for the Governor in Council to
amend the Schedules in any manner whatsoever.

The above scale is intended to include all expenses, except in
actions where the tenant disputes the landlord's claim, and witnesses
have to be subpoenaed, in which case each subpoena must be paid
for at 25 cents; where watchmen are kept in charge of property
distrained, $4.00 per day must be paid per man; where property
is removed and stored, the necessary expenses, to be fixed by the
Registrar, must be paid.

SECOND SCHEDULE.

FORM 1. [S. 9.]
Power of attorney to distrain.
I [or Wel, A.B. do hereby authorize C.D. to be my [or our]
agent to act for me [or us] in distraining, under the Distress for
Rent Ordinance (Chapter 7 of the Revised Edition) for [a.ll] the
arrears of rent now due to me for us] (or to be hereafter due) on
property situate in [here describe the property], as to which 1 am
[or we are] entitled to distrain as owner, [or lessee, trustee,
guardian, etc.] alone for together with E.F.] etc.
Dated the day of 19

(Signed) A.B.

FORm 2. [s. 10.]
Affidavit in support of application for warrant of distress.
HONG KONG
In the Supreme Court, Summary Jurisdiction
A.B., Plaintiff.
V.
C.D., Defendant.





I, A.B., an inhabitant of , make oath and say that
C.D., of , is justly indebted toin the sum of
$ for arrears of rent of the house and premises No.
situate at in the due for
months, to wit, from the day of p
19 to the day of 19 at the rate of
per mensem.
(Signed) A.B.
Sworn before me
at on the day of
19 Signed

FORm 3. Is. 11.]

Warrant of distress.
HONG KONG
In the Supreme Court, Summary Jurisdiction
To E.F., Bailiff of the court.
I hereby direct you to distrain the goods and chattels on the
premises of C.D. situate at in the
for the sum of $ being the amount of months' rent
due to A.B. for the same on the day of 1
19, according to the provisions of the Distress for Rent Ordinance
(Chapter 7 of the Revised ~dition).
Before proceeding to distrain under this warrant, you shall
demand payment of the amount indorsed hereon.

Dated the day of 19

[L.S.] (Signed)

FORm 4. 17.

Inventory, appraisement, and notice.

HONG KONG
In the Supreme Court, Summary Jurisdiction
To C.D.
Take notice that I have this day seized the goods and chattels
contained in the above inventory and appraisement, for the sum of
$ being the amount ofmonths' rent due to A.B.
on the day of 19 , and that unless
you pay that amount together with the costs of this distress
within five days from the date thereof, or obtain an order from
the court to the contrary, the same will be sold on the day of
' 19 , pursuant to the provisions of the Distress
for Rent Ordinance (Chapter 7 of the Revised Edition).

Dated the day of 19

, (Signed) E.F.
Originally 1 of 1883. Fraser. 1 of 1883. 9 of 1950. 22 of 1950. Short title. Interpretation. Issuing of warrants of distress. Punishment of unauthorized person levying distress. 22 of 1950. Schedule. Employment and payment of bailiffs. Fees. [s. 6 cont.] First Schedule. Limitation of time for issue of warrant. Application for warrant. Form of power of attorney. Second Schedule Form 1. Form of affidavit. Second Schedule Form 2. Issue of warrant. Second Schedule Form 3. Refusal of warrant. Appeal from refusal. (Cap. 4). Time for making distress. Property liable to seizure. Property not liable to seizure. Making of inventory on seizure. Second Schedule. Form 4. Filing of inventory, etc. entry, and forcible entry. [s. 19 cont.] Impounding of property seized. Discharge or suspension of warrant or release of distress. Costs of application. Wrongful distress. Adjudication in case of wrongful distress. Compensation for wrongful distress. Power to allow time for payment of rent. Mode of sale of distress. [s. 27 cont.] Right of debtor as to manner of sale. Case of deserted premises, where no distress left. [cf. 11 Geo. 2, c. 19, ss. 16 and 57 Geo. 3, c. 52.] Distress for arrears of rent on determination of lease. Priority of landlords right. [cf. 8 Anne c. 18 perh. C. 14.] Property seized under writ or warrant of Supreme Court. Distrait after satisfaction of execution. Persons allowed to apply for distress warrant. Right of one of several parties interested to institute proceedings. Removal of property under distrait. Following property liable to seizure and removed. Restoration of property removed but bona fide sold. [s. 38 cont.] Fraudulent removal of property by tenant. Application of Ordinance. 9 of 1950. Schedule. (Cap. 97.) Protection against irregularity in proceedings. Exclusion of Crown rents. Power to amend Schedules. G.N. 185/47.

Originally 1 of 1883. Fraser. 1 of 1883. 9 of 1950. 22 of 1950. Short title. Interpretation. Issuing of warrants of distress. Punishment of unauthorized person levying distress. 22 of 1950. Schedule. Employment and payment of bailiffs. Fees. [s. 6 cont.] First Schedule. Limitation of time for issue of warrant. Application for warrant. Form of power of attorney. Second Schedule Form 1. Form of affidavit. Second Schedule Form 2. Issue of warrant. Second Schedule Form 3. Refusal of warrant. Appeal from refusal. (Cap. 4). Time for making distress. Property liable to seizure. Property not liable to seizure. Making of inventory on seizure. Second Schedule. Form 4. Filing of inventory, etc. entry, and forcible entry. [s. 19 cont.] Impounding of property seized. Discharge or suspension of warrant or release of distress. Costs of application. Wrongful distress. Adjudication in case of wrongful distress. Compensation for wrongful distress. Power to allow time for payment of rent. Mode of sale of distress. [s. 27 cont.] Right of debtor as to manner of sale. Case of deserted premises, where no distress left. [cf. 11 Geo. 2, c. 19, ss. 16 and 57 Geo. 3, c. 52.] Distress for arrears of rent on determination of lease. Priority of landlords right. [cf. 8 Anne c. 18 perh. C. 14.] Property seized under writ or warrant of Supreme Court. Distrait after satisfaction of execution. Persons allowed to apply for distress warrant. Right of one of several parties interested to institute proceedings. Removal of property under distrait. Following property liable to seizure and removed. Restoration of property removed but bona fide sold. [s. 38 cont.] Fraudulent removal of property by tenant. Application of Ordinance. 9 of 1950. Schedule. (Cap. 97.) Protection against irregularity in proceedings. Exclusion of Crown rents. Power to amend Schedules. G.N. 185/47.

https://oelawhk.lib.hku.hk/items/show/1653

BANKRUPTCY RULES

after notice to the creditor who. made the proof, expunge the
proof or reduce its amount.

24. If a creditor is dissatisfied with the decision of the
trustee in respect of a proof the court may, on the applica-
tion of the creditor, reverse or vary the decision. The
Official Receiver or trustee shall not be personally liable for
any costs in respect of the rejection by him in whole or in
part of any proof unless it is proved to the satisfaction of
the court that lie has acted inala fide or with gross negligence.

25. The court may also expunge or reduce a proof
upon the application of a creditor if the trustee declines to
interfere in the matter, or in the case of a composition or
scheme, upon the application of the debtor.

26. The Official Receiver before the appointment of a
trustee shall have all the powers of a trustee with respect to
the examination, admission and rejection of proofs, and
any act or decision of his in relation thereto shall be sub-
ject to the like appeal.

27. These rules may be cited as the Proof of Debts
Rules.

BANKRUPTCY RULES.

(Cap. 6, section 113).
(Ordinance No. 10 Of 1931).

[18th, November, 1932.]

11
(The marginal references, e.g., 'R1. , are to the English
Bankruptcy Rules, 1915.)

PART I.

PRELIMINARY.

1. These rules may be cited as the Bankruptcy Rules.





2. In these rules-
'court' means the court as defined by the Ordinance., 'and
includes. the Registrar when exercising the power of
the court pursuant to the Ordinance or these rules;
. 'court of appeal' means any court exercising appellate
jurisdiction under the Ordinance or these rules;
'creditor' includes a corporation, and a firm of creditors
in partnership
'debtor' includes a firm of debtors in partnership, and in-
eludes any debtor proceeded against under the Ordin-
ance, whether adjudged bankrupt or not;
'name' of a person means both the individual name or
names, or the initial letter or contraction of such name
or names, and the surname of such person ;
'Registrar' includes the Registrar of the Supreme Court
and any Deputy Registrar of the Supreme Cobrt;
'scheme' means composition or scheme of arrangement
pursuant to the Ordinance;
'sealed' means scaled with the seal of the court
'taxing officer' includes the Registrar and also any officer
or officers of the court wbose duty it is to tax costs;
'trustee' includes the trustee appointed under a com-
position or scheme, of arrangement, and also includes
the Official Receiver when acting as trustee.

3. The provisions of section 122 of the Ordinance
shall apply to these rules as if the words 'these rules'
were substituted for the words 'this Ordinance' in the first
line of the said section.

FORMS.

4. (1) Subject to the provisions of paragraph (2) Of
this rule, the forms in the Appendix where applicable, and
where they are not applicable forms of the like character,
with such variations as circumstances rnay require, shall be
used. Where such forms are applicable any costs occa-
sioned by the use of any other or more prolix forms shall
be borne by or disallowed to the party using the same,
unless the court otherwise directs.

(2) The Chief justice may from time to time amend
any form in the Appendix or prescribe any' new form.





Where the Chief justice amends any form or prescribes
any new form, such amended or new form shall be pub-
lished in the Gazette.

PART II.

GENERAL PROCEDURE.

Court and chambers.

5. The following matters and applications shall be
heard and determined in open court-
(a)petitions : Provided that a debtor's petition may
be heard in chambers if urgent, and if the judge
so directs;
(b) applications for adjudication
(c)applications to rescind a receiving order, or to
annul all adjudication;
(d) the public examination of debtors;
(e)applications to approve a composition or scheme
of arrangement;
applications for orders of discharge;
(g) applications to set aside or avoid any settlement,
conveyance, transfer, security or payment, or to
declare for or against the title of the trustee to
any property adversely claimed;
(h)applications for the committal of any person to
prison for contempt;
(i)appeals against the rejection of a proof, or applica-
tions to expunge or reduce a proof, where the
amount in dispute exceeds two thousand dollars;
(j) applications for the trial of issues of fact with a
jury, and the trial of such issues;
(k)any other matter which the Chief justice may
direct.
Any other matter or application may be heard and
determined in chambers unless the Chief justice directs that
it be heard and determined in open court.

6. Subject to the provisions of the Ordinance and
these rules, any matter or application may, at any time,
if the judge thinks fit, be adjourned from chambers to
court or from court to chambers; and if all the contending
parties require any matter or application to be adjourned
from chambers to court it shall be so adjourned.





Proceediitgs.

7. (1) Every proceeding in court under the Ordin-
ance shall be dated, and shall be intituled 'In Bankruptcy'
and with the name of the matter to which it relates.
Numbers and dates may be denoted by figures.

(2) All applications and orders shall be intituled ex
Parte the applicant.

(3) The first proceeding in every matter shall have a
distinctive number assigned to it by the Official Receiver
and all subsequent proceedings in the same matter shall
bear the same number.

8. All proceedings of the court shall remain of record
in the court, in the custody of the Official Receiver, so
as to form a complete record of each matter, and they shall
not be removed for any purpose, except for the use of the
officers of the court, or by special direction of the Judge
or Official Receiver, but they may at all reasonable times
be inspected by the trustee or the debtor or any person
on behalf of the trustee or debtor free of charge or, by
any creditor who has proved or by any person, on pay-
ment of the appropriate fee.

9. All notices required by the Ordinance or these
rules shall be in writing, unless these rules otherwise
provide or the court in any particular case otherwise orders.

10. Where the court orders a general meeting of
creditors to be suirimoned under rule 5 of the lkleetings
of Creditors Rules it shall be summoned as the court directs,
and in default of any direction by the court the Official
Receiver, if a trustee other than the Official Receiver has
been appointed, shall transmit a sealed, copy of the order
to the trustee; and the trustee (if any) or Official Receiver
(if no trustee has been appointed) shall not less than seven
days before such meeting send a copy of the order to each
creditor at the address given in his proof, or when he has
not proved, the address given in the list of creditors by
the debtor, or such other address as may be known to the
trustee or Official Receiver.





11. (1) Whenever the Gazette contains any advertise-
ment relating to any matter under the Ordinance the
Official Receiver shall file with the proceedings in the matter
a copy of such advertisement.

(2) In the case of an advertisement in a local paper
the Official Receiver shall in like manner file a copy of
the advertisement appearing therein.

(3) For this purpose one copy of each local paper, in
which any advertisement relating to any matter under the
Ordinance is inserted, shall be left with the Official Receiver
by the person inserting the advertisement.

(4) The filed copy of such advertisement shall be
p,rtnia facie evidence that it was duly inserted in the issue
of the Gazette or paper mentioned.

Preparation of order.

12. If within one week from the making of an order
of adjudication, order annulling adjudication or rescinding
a receiving order, order on application to approve a com-
position or scheme, order annulling a composition or
scheme, or order on application for discharge, such order
has not been completed, it shall be the duty of the Official
Receiver to prepare and complete such order : Provided
that if in any case the judge is of opinion that the pro-
visions of this rule ought not to apply, he may so order
And provided also that where an order of discharge is
granted subject to the condition that judgment shall be
entered against the bankrupt, nothing in this rule shall
require the Official Receiver to prepare and complete the order
until the bankrupt has given a consent to judgment being
entered against him.

Security in court.

13. Except where these rules otherwise provide, where
a person is required to give security such security shall
be in the form of a bond with two sureties to the person
proposed to be secured : Provided that the court may
direct thal one surety shall suffice.





14. The bond shall be taken in a penal sum, which
shall be not less than the sum for which security is to
be given, and probable costs, unless the opposite party
consents to it, being taken for a less sum.

15. Where a person is required to give security he
may in lieu thereof lodge in court a sum equal to the sum
in question in respect of which security is to be given and
the probable costs of the trial of the question, together
with a memorandum to be approved of by the Registrar
and to be signed by such person, his solicitor or agent,
setting forth the conditions on which the money is de-
posited.

16. The rules for the time being in force in the court
relating to payment into and out of court of money lodged'
in court by way of security for costs shall apply to money
lodged in court under these rules.

17. The security of a guarantee' association or society
approved by the court or the opposite party may be given
in lieu of a bond or a deposit.

18. In all cases where a person proposes to give a
bond by way of security, he shall serve, by post or other-
wise, on the opposite party and on the Registrar, notice
of the proposed sureties, and the Registrar may give notice
to both parties of the time and place at which he proposes
that the bond shall be executed and may state in the notice
that, should the proposed obligee have any valid objection
to make to the sureties or either of them, it must be made
at that tinie.

19. The sureties shall make an affidavit of their suffi-
ciency unless the opposite party dispenses with such
affidavit, and such sureties shall attemd the court to be
cross-examined, if required.

20. The bond shall be executed and attested in the
presence of the Registrar or the Official Receiver.

21. Where a person makes a deposit of money in lieu
of giving a bond the Registrar shall forthwith give notice
to the person to whom the security is to be given of such
deposit having been made.





Exempliom from stamp duty.

22. For the purposes of section 125 of the Ordinance,
'bankruptcy' shall include any proceeding under the
Ordinance whether before or after adjudication, and whether
an adjudication is made or not, and 'bankrupt' shall
include any debtor proceeded against under the Ordinance.

Shorthand notes.

23. If the court is in any case, and at any stage in
the proceedings, of opinion that it would be desirable that
a person (other than the person before whom the examina-
tion is taken) should be appointed to take down, in short-
hand or otherwise, the evidence of the debtor, or of any
witness examined at any public or private sitting or private
meeting under the Ordinance, it shall be competent for the
court to make such appointment; and every person so
appointed, if not already in the service of the Government,
shall be paid a sum not exceeding twenty-five dollars a
day, and also a sum not exceeding twenty-five cents per
folio of seventy-two words for any transcript of the evidence
that may be required, and such sums shall be paid by the
party at whose instance the appointment was made, or out
of the estate, as may be directed by the court. The short-
hand writer (if any) attached to the Official Receiver's office
shall be deemed to be duly appointed under this rule, and
it shall not be necessary to make any application to make
such appointment, and a general declaration by such short-
hand writer adapted frorn Form 56 shall be deemed to apply
to all cases in which notes are taken by him as aforesaid.
A. transcript of any such notes, purporting to be such
transcript and purporting to be signed by a shorthand
writer duly appointed under this rule or by the shorthand
writer attached to the Official Receiver's office, shall until
the contrary is proved be sufficient evidence that the ques-
tions and answers set forth therein were so put and answered
respectively.

Discovery and examination under section 29.

24. Any party to any proceeding in court may with
the leave of the court administer interrogatories to.or obtain
discovery of documents from any other party to such pro-





ceeding. Proceedings under this rule shall be regulated as
nearly as may be by the provisions in the Code of Civil
Procedure for the time being in force in relation to discovery
and inspection. An application for leave under this rule
may be made ex parte.

25. Every application to the court under section 29 Of
the Ordinance shall be in writing and shall state shortly the
grounds upon which the application is made. When the
application is made by or on behalf of the trustee or the
Official Receiver it need not be verified by affidavit.

Warrants, arrests, and commitments.

26. A warrant of seizure, or a search warrant, or any
other warrant issued under the provisions of the Ordinance,
shall be addressed to such officer of the court or to such
public officer as the Registrar may direct.

27. When a debtor is arrested under a warrant issued
under section 27 of the Ordinance he shall be given into the
custody of the Commissioner of Prisons, who shall produce
such debtor before the court as it may from time to time
direct, and shall safely keep him until such time as the
court otherwise orders; and any books, papers, moneys,
goods and chattels in the possession of the debtor, which
may be seized, shall forthwith be lodged with the Official
Receiver or trustee, as the case may be.

28. (1) When a person is apprehended under a
rant issued under subsection (2) Of Section 29 Of the
Ordinance the officer apprehending him shall forthwith
bring him before the court to the end that he may be
examined, and if he cannot immediately be brought up
for examination or examined the officer shall deliver him
into the custody of the Commissioner of Prisons and the
said Commissioner shall receive him into custody and shall
produce him before the court as it may from time to time
direct or order, and subject to such direction or order shall
safely keep him.

(2) The officer executing a warrant issued under sub-
section (2) of section 29 Of the Ordinance shall forthwith,
after apprehending the person named in the warrant and





bringing him before the court as mentioned in rule 27, or
after delivering him to the Commissioner of Prisons, report
such apprehension or delivery to the court and apply to the
court to appoint a day and time for the examination of the
person so apprehended, and the court shall thereupon appoint
the earliest practicable day for the examination and shall
issue its direction or order to the said Commissioner to
produce him for examination at a place and time to be
mentioned in such direction or order. Notice of any such
appointment shall forthwith be given by the Registrar to the
Official Receiver, trustee or other person who has applied
for the examination or warrant.

29. All application to the court to commit any person
for contempt Of Court shall be supported by affidavit. .

30. Subject to the provisions of the Ordinance and
these rules, upon rhe filing of an application to commit, the
court shall fix a time and place to hear the application, notice,
whereof shall be personally served on the person sought to
be committed, not less than three days before the day fixed
for the hearing or the application : Provided that in any
case in which the court rnay think fit, the court may allow
substituted service of the notice by advertisement or other-
wise, or shorten the length of notice to be given.


Costs and taxation.

31. The regulations as to costs contained in Part II of
the Appendix shall, subject to these rules, apply to the
taxation and allowance of costs and charges in all proceedings
under the Ordinance and these rules.

32. The solicitor in the matter of a bankruptcy petition
presented by the debtor against himself shall in his bill of
costs give credit for such sum or security (if any) as he may
have received from the debtor as a deposit on account of
the costs and expenses to be incurred in and about the filing
and prosecution of such petition ; and the amount of ally
such deposit shall be noted by the taxing officer upon the
allocatur issued for such costs.





.33. Before taxing the bill or charges of any solicitor,
manager, accountant, auctioneer, broker or other person
employed by the Official Receiver or trustee, the taxing
officer shall require a certificate in writing, signed by the
Official Receiver ortrustee as the case may be, to be pro-
duced to him, setting forth whether any, and if so what,
special terms of remuneration have been agreed to, and in
the case. of the bill of costs of a solicitor, a copy of the
resolution or other authority sanctioning the employrnent.

34. Every person whose bill or charges is or are to be
taxed shall in all cases give not less than four days' notice
of the appointment to tax the same to the Official Receiver
and to the trustee (if any).

35. The bill or charges, if incurred prior to the appoint-
ment of a trustee, shall be lodged with the Official Receiver,
and if incurred after the appointment of a trustee, shall be
lodged with the trustee, three clear days before the applica-
tion for the appointment to tax the same is made. The
Official Receiver or the trustee, as the case may be, shall
forthwith, on receiving notice of taxation, lodge such bill
or charges with the taxing officer.

36. Every person whose bill or charges is or are to be
taxed shall, on the application of either the Official Receiver
or the trustee, furnish a copy of his bill or charges so to be
taxed. The Official Receiver shall call the attention of the
trustee to any items which in his opinion ought to be dis-
allowed or reduced and may attend or be represented on the
taxation.

. 37. Where any party to or person affected by any pro-
ceeding desires to make an application for an order that he
be allowed his costs, or any part of thern, incident to such
proceeding, and such application is, not made at the time of
the proceeding--
(a)such party or person shall serve notice of his
intended application on the Official Receiver, and if
a trustee has been appointed, on the trustee;
(b)the Offiical ' Receiver add the trustee may appear on
such application and object thereto;





(c) no costs of or incident to such application shall be
allowed to the applicant unless the court is satisfied
that the application could not have been made at the
time of the proceeding.

38. Where at the instance of the Official Receiver a
shorthand writer not already in the service of the Govern-
ment is appointed to take notes of the examination of the
debtor at his public examination, the cost of such notes shall
be deemed to be in expense incurred or authorized by the
Official Receiver and shall be payable out of the estate of
the bankrupt in the order of priority in which such expenses
are payable under the provisions of section 37 Of the
Ordinance.

39. In any case in which, after a bankruptcy petition has
been presented by a creditor against a debtor and before the
hearing of such petition, the debtor files a petition and a
receiving order is made on the petition of the debtor, unless
in the opinion of the court the estate has benefited thereby or
there are special circumstances which make it just that such
costs should be allowed, no costs shall be allowed to the
debtor or his solicitor out of the estate.

40. In the case of a bankruptcy petition against a
partnership the costs payable out of the estates incurred up
to and inclusive of the receiving order shall be apportioned
between the joint and separate estates*in such proportions as
the Official Receiver may in his discretion determine.

41. (1) Where the joint estate of any co-debtors is
insufficient to defray any costs or charges properly incurred
prior to the appointment of the trustee, the Official Receiver
may pay or direct the trustee to pay such costs or charges out
of the separate estates of such co-debtors, or one or more of
them, in such proportions as in his discretion the Official
Receiver may think fit. The Official Receiver may also, as
in his discretion he may think fit, pay or direct the trustee
to pay any costs or charges properly incurred, prior to the
appointment of the trustee, for any separate estate out of
the joint estate or out of any other separate estate,. and any
part of the costs or charges of the joint estate incurred prior
to the appointment of the trustee which affects any separate
estate out of that separate estate.





(2) Where the joint estate of any co-debtors is
insufficient to defray any costs or charges properly incurred
after the appointment of the trustee, the trustee, with such
consent as is hereinafter mentioned, may pay such costs or
charges out of the separate estate of such co-debtors, or one
or more of them. The trustee, with the said consent, may
also pay any costs or charges properly incurred for any
separate estate, after his appointment, out of the joint estate,'
and any part of the costs or charges of the joint estate
incurred after his appointment which allects any separate
estate out of that separate estate. No payment under this
rule shall be made out of a separate estate or joint estate
by a trustee without the consent of the committee of inspec-
tion of the estate out of which the payment is intended to
be made, or if such committee withhold or refuse their
consent, without an order of the court.

PART III.

PROCEEDINGS IN BANKRUPTCY.

Declaration of inability to pay debts.

42. A declaration by a debtor of his inability to pay his
debts shall be dated, signed and witnessed. The witness
shall be a solicitor or the Official Receiver or Registrar.

Bankruptcy notice.

43. A creditor desirous that a bankruptcy notice may be
issued shall produce to the Registrar a scaled copy d the
judgment or order on which the notice is founded and file the
notice together with a request for issue. The creditor shall
at the same time lodge with the Registrar two copies of the
bankruptcy notice to be sealed and issued for service.

44. (1) Every bankruptcy notice shall be indorsed with
the name and place of business of the solicitor actually suing
out the same, or if no solicitor be employed, with a memo-
randum that it is sued out by the creditor in person.

(2) There shall also be indorsed on every bankruptcy
notice an intimation to the debtor that, if he has a counter-





claim, set-off or cross demand which equals or exceeds the
amount of the judgment debt and which he could not have
set up in the action in which the judgment or order was
obtained, he must within the time specified.in the notice file
an affidavit to that effect with the Registrar.

(3) In the case of a notice served in the Colony the
time shall be three days. In the case of a notice served
elsewhere with the leave of the court under section 3 Of tile
Ordinance, the Registrar when issuing the notice shall fix
the time.

45. The filing of such affidavit shall operate as an
application to set aside the bankruptcy notice and thereupon
the court shall fix a day for bearing the application, and not
less than three days before the day so fixed the Registrar
shall give notice thereof both to the debtor and the creditor
and to their respective solicitors, if known. If the applica-
tion cannot be heard until after the expiration of the time
specified in the notice as the day on which the act of bank-
ruptcy will be complete, the court shall extend the time and
no act of bankruptcy shall be deemed to have been com-
mitted under the notice until the application has been heard
and determined.

46. Subject to the power of the court to extend the time,
a bankruptcy notice to be served in the Colony shall be
served within one month from the issue, thereof.

47. A bankruptcy notice shall be served and service
thereof shall be proved in the like manner as is by these
rules prescribed for the service of a creditor's petition.

48. When the court makes an order setting aside the
bankruptcy notice it may at the same time declare that no
act of bankruptcy has been committed by the debtor under
such notice.

Petitions.

49. (1) Where a petition is presented by a debtor he
shall, besides inserting therein his name and description and
his address at the date when the petition is presented, further
describe himself as lately residing or carrying on business





at the address or several addresses, as the case may be, at
which he has incurred debts and liabilities which at the date
of the petition remain unpaid or unsatisfied.

(2) Where a petition is presented against a debtor who
resides or carries on business at an address other than the
address at which the debtor was residing or carrying on
business at the time of contracting the debt or liability in
respect of which the petition is presented, the petitioning
creditor, in addition to stating in the petition the description
of the debtor, as of his then present address and description,
shall in the petition describe the debtor as lately residing or
carrying on business at the address at which he was residing
or carrying on business when the debt or liability was
incurred.

50. Every bankruptcy petition shall be attested. If it
be attested in the Colony the witness must be a solicitor or the
Official Receiver or the Registrar. If it be attested out of
the Colony the witness must be. a judge or magistrate or a
British consul or vice-consul or a notary public.

51. (1) Upon the presentation of a petition either by
the debtor or by a creditor the petitioner shall deposit with
the Official Receiver the sum of one hundred dollars, and
sLich further sum (if any) 'as the court may from time to time
direct, to cover the fees and expenses to be incurred by the
Official Receiver;,and no petition shall be received unless the
receipt of the Official Receiver for the deposit payable on
the presentation of the petition is produced to the Registrar.

(2) The Official Receiver shall account for the money so
deposited to the creditor or, as the case may be, to the debtor's
estate, and any sum so paid by a petitioning creditor shall
be repaid to such creditor (except and so far as such deposit
may be required by reason of insufficiency of assets for the
payment of the fees of and expenses incurred by the Official
Receiver) out of the proceeds of the estate in the order of
priority prescribed by section 37 of the Ordinance.

52. When a petition is filed the Official Receiver may
register a memorial of the petition in the Land Office or in
any District Land Office against any property registered





therein in the name of the debtor or in any alias of his or
in his t'ong name, or in the name of any t'ong in which he
has any share or interest, or in the name or name's of any
wife or concubine of the debtor. This provision shall so far
as the nature of the case will admit apply in the case of any
person carrying on business in a name or style other than
his own.

53. The Official Receiver may in either of the cases
mentioned in rule 133 or 135 register a memorial of the
petition in the Land Office or in any District Land Office
against any property registered in the name or names of any
partner or partners in the debtor firm or in, any alias of his
or theirs or in any Cong name of his or theirs, or in the
name of any t'ong in which he or they has or have any share
or interest, or in the name or narnes of any wife or concubine
of flis or theirs respectively.

Creditar's petition.

54. A petitioning creditor who is resident out of the
jurisdiction, or whose estate is vested in a trustee under any
law relating to bankruptcy, or against whorn a petition is
pending under the Ordinance, or who has made default in
payment of any costs ordered by any court to be paid by him
to the debtor, may be ordered to give security for costs to
the debtor.

55. Every creditor's petition shall be verified by
affidavit, and when it is filed there shall be lodged with it
one copy to be sealed and issued to the petitioner.

56. When the petitioning creditor cannot himself verify
all the statements contained in his petition he shall file in
support of the petition the affidavit of some person who can,
depose to them.

57. Where a petition is presented by two or more
creditors jointly it shall not be necessary for each creditor to
depose to the truth of all the statements which are. within
his own knowledge; but it shall be sufficient that each state-
ment in the petition is deposed to by someone within whose
knowledge it is.





Service of creditor's petition.

58. A creditor's petition may be served in the same
manner as a writ of summons.

59. If a debtor against whom a bankruptcy petition has
been filed dies before service thereof, the court may order
service to be effected on the personal representatives of the
debtor or on the Official Administrator or on sisch other
persons as the court may think fit.

Interim receiver.

60. Where an order is made appointing the Official
Receiver to be interim receiver of the property of the debtor,
such order shall state the nature and, so far as it is known,
the locality of the property of which the Official Receiver
is ordered to take possession.

61. Before any such other is made the person who has
made the application therefor shall deposit with the Official
Receiver the sum of one hundred dollars towards the
prescribed fee for the Official Receiver, and such further
sum as the court directs for the expenses which may be
incurred by him.

62. If the sum of one hundred dollars, and such
further sum so to be deposited for the expenses which may
be incurred by the Official Receiver, proves to be insufficient
the person on whose application the order has been made
shall from time to time deposit with the Official Receiver
such additional sum as the Official Receiver may from
time to time direct; and such sum shall be deposited with-
in forty-eight hours after the making, of a written request
therefor. It such additional sum be not so deposited the
order appointing the interim receiver may be discharged by
the court.

63. If an order appointing an interim receiver is follow-
ed by a receiving order the deposits made by the creditor
on whose application such interim receiver was appointed
shall be repaid to him (except and so far as such deposits
may be required by reason of insufficiency of assets for the





paytment of the fees changeable and the expenses incurred
by the interim receiver) out of the proceeds of the estate
in the order of priority prescribed by the Ordinance.

64. Where, after an order has. been made appointing
an interim receiver, the petition is dismissed, the court
shall, upon application to be made within twenty-one days
from the date of the dismissal thereof, adjudicate with res-
pect to any damages or claim thereto arising out of the
appointment and shall maize such order as the court thinks
fit; and such decision or order shall be final and conclusive
between the parties.

Hearing of petition.

65. The Registrar shall after reference to the Official
Receiver appoint the time and place at which the petition
will be beard and notice thereof shall be written on the
petition and scaled copy, and where the petition has not
been served the Registrar may, after such reference as
aforesaid, from time to time alter the first day so appointed
and appoint another day and hour.

66. Where there are more respondents than one to a
petition the rules as to service shall be observed with respect
to each respondent, but where all the respondents have not
been served the petition may be heard -separately or collec-
tively as to the respondent or such (if the respondents as
has or have been served, separately or collectively as to the
respondents riot then served according as service upon them
is effected.

67. Where a debtor intends to show cause against a
petition he shall file a notice with the Official Receiver
specifying the grounds on which he intends to show cause,
and shall post to the petitioning creditor or to his solicitor
a copy of the notice, in each case three days before the day
on which the petition is to be beard.

68. If the debtor does not appear at the hearing the
court may on hearing the petitioning creditor and the
Official Receiver either dismiss the petition or make a re-
ceiving order on such proof of the statement in the petition.
and of the amount of assets and liabilities as the court
thinks sufficient.





69. On the hearing of the petition the amount of assets
and liabilities, and in the case of a creditor's petition any
matters which the debtor has given notice that he intends
to dispute, shall. be proved.

70. If any creditor neglects to appear on his petition
no subsequent petition against the same debtor or debtors,
or any of them, either alone or jointly with any other
person, shall without the leave of the court be presented by
the same creditor in respect of the same act of bankruptcy.

71. No application to withdraw a petition shall be
heard except upon proof that notice of the intended applica-
tion and a. copy of the affidavits in support thereof have
been duly served upon the Official Receiver not less than
seven days before the day named in the notice for hearing
the application.

Receiving order.

72. Where a receiving order or order of adjudication is
made the Official Receiver may register a memorial of such
receiving order or order of adjudication in the Land Office
or in any District Land Office against any property regis-
tered therein in the name of the debtor or in any alias of
his or in his t'ong name, or in the name of any t'ong in
which he has any share or interest, or in the name or names
of any wife or concubine of the debtor.

73. Where a receiving order or order of adjudication
is made against a firm the Official Receiver may register a
memorial thereof in the Land Office or in any District Land
Office against any property registered in the narne of any
partner or partners in the debtor firm or in any alias of his
or theirs or in any t'ong name of his or theirs, or in the
name of any t'ong in which he or they has or have any
share or interest, or in the name or names of any wife or
concubine of such partner or partners.

74. The Official Receiver shall cause a copy of the
receiving order sealed with the seal of the court to be served
on the debtor.





75. Where a debtor against whom a receiving order
has been made is not in the Colony the court may order
service on the debtor of the receiving order, order of ad-
judication, order to attend the public examination or any
adjournment thereof, or of any other order made against or
summons issued for the attendance of the debtor, to be made
within such time and in such manner and form as it thinks fit.

76. A receiving order shall not be made against a
debtor on a petition in which the act of bankruptcy alleged
is non-compliance with a bankruptcy notice within the
appointed time, where such debtor has applied to set aside
such notice until after the hearing of the application, or
where the notice has been set aside, or during a stay of the
proceedings thereon ; but in such case the petition shall be
adjourned or dismissed as the court rnay think fit.

77. There may be included in a receiving order an
order staying any action or proceeding against the debtor
or staying proceedings generally.

78. Where a receiving order is made the Official
Receiver shall forthwith send notice thereof to the Gazette
and to such local newspaper or newspapers as he may think
fit.

79. (1) The costs of all proceedings under the Ordin-
ance, down to and including the making of a receiving order
shall be borne by the party prosecuting the same unless the
court orders that the debtor shall pay the whole or any part
of them, or in the case of a receiving order being made on
a debtor's petition while a creditor's petition against such
debtor is pending, that they shall be paid out of the estate.
When a receiving order is made on a creditor's petition the
costs of the petitioning creditor, including the costs of the
bankruptcy notice, if any, sued out by him, shall be taxed and
be payable out of the estate.
(2) When the proceeds of the estate are not sufficient
for the payment of any costs properly incurred by the
Official Receiner in excess of the deposit between the
making of a receiving order and the conclusion of the first
meeting of creditors, the court may order such costs to be
paid by the party prosecuting the proceedings.





80. (1) An application to the court to rescind a receiv-
ing order or to stay proceedings thereunder, or to annul an
adjudication, made by any person other than the Official
Receiver, shall not be heard except upon proof that notice
of the intended application and a copy of the affidavits in
support thereof have been duly served upon the Official
Receiver. Notice of any such application shall be served
on the Official Receiver not less than seven days before the
day named in the notice for hearing the application. Pend-
ing the hearing of the application the court may make an
interim order staying such of the proceedings as it thinks
fit.

(2) In any case in which any such application is made
by the Official Receiver, four days' notice thereof and a copy
of any report in support thereof shall be served on the debtor
,and the petitioning creditor (if any) : Provided that where
such service is found to be impracticable by reason tliat the
debtor or the petitioning creditor is out of the Colony or
cannot be found at his usual or last known address or place
of business no objection shall be taken to the application on
the ground of such service not having been effected.

(3) Where an application is made to the court to rescind
a receiving order or annul an order of adjudication, the
Official Receiver shall make and file four days before the
day appointed for bearing the application a report as to the
debtor's conduct and affairs, including a report as to his
conduct during the proceedings, and the court on the bearing
of the application shall hear and consider such report and
such further evidence as may be adduced by any party, and
any objections which may be made by or oil behalf of the
trustee (if any) or any creditor whom the court may order
to be served with notice of the application or may permit
to appear thereon. For the purposes of the application the
report shall be prima facie evidence of the statements therein
contained.

(4) For the purposes of this rule 'creditor' includes all
creditors mentioned in the debtor's statement of affairs or
who have notfified to the Official Receiver or trustee that
they have, or at the date of the receiving order had, claims
against the debtor.





Slatement of affairs.

81. The statement of affairs shall be made out in
duplicate, and one copy shall be verified. The Official
Receiver shall file in court the verified statement of affairs
submitted to him by the debtor.

82. Where any debtor requires any extension of the
time for the filing by him of his statement of affairs, he shall
apply to the Official Receiver who may, if he thinks fit, give
a written certificat extending such time, which certificate
shall be filed and shall render an application to the court
under section 18 of the Ordinance unnecessary.

Public examination.

83. Where the court is of opinion that a debtor is failing
to disclose his affairs or where the debtor has failed to attend
the public examination or any adjournment thereof or where
the debtor has not complied with any order of the court in
relation to his accounts, conduct, dealings and property and
no good cause is shown by him for such failure,Ahe court
may forthwith cominit the debtor for contempt of court or
may, adjourn the public examination sine die, and may niake
such further or other order as the court thinks fit.

84. The court may on the application either of the
Official Receiver or of the debtor appoint a day for proceed-
ing with a public examination which has been adjourned
sine die.

85. Where an examination has been adjourned sine die
and the debtor desires to have a day appointed for proceed-
ing with his public examination, the expense of gazetting,
advertising and giving notice to creditors of the day to be
appointed for proceeding with such examination shall, unless
the Official Receiver or trustee, as the case may be, consents
to the costs being paid out of the estate, be at the cost of
the debtor, who shall, before any day is appointed for pro-
ceeding with the public examination, deposit with the Official
Receiver such sum as the Official Receiver may think
sufficient to defray the expense aforesaid. The balance ol
the deposit after defraying the expense aforesaid shall be
returned to the debtor.





86. In any case in which a public examination has been
adjourned sine die and the court afterwards makes an order
for proceeding with such public examination, notice to
creditors of the time and place appointed for proceeding with
such public examination shall be sent by the Official
Receiver, and notice shall also be inserted in the Gazette and
in the local paper (if any) in which the notice of the first
holding of the public examination was inserted, seven days
before the day appointed.

87. (1) An application for an order dispensing with the
public examination of a debtor or directing that the debtor
be examined in some manner or at some place other than is
usual, on the ground that the debtor is a lunatic or suffers
from mental or physical affliction or disability rendering hirn
unfit to attend a public examination, may be made by the
Official Receiver or by any person who has been appointed
by any court having jurisdiction so to do to manage the
affairs of or represent the debtor, or by any relative or friend
of the debtor who may appear to the court to be a proper
person to make the application.

(2) Where the application is made by the Official
Receiver it may be made ex parte and the evidence in support
of the application may be given by a report of the Official
Receiver to the court, the contents of which report shall be
received as prinia facie evidence of the matters therein stated.

(3) Where the application is made by some person other
than the Official Receiver it shall be made by motion, of
which notice shall be given to the Official Receiver and
trustee (if-any), and shall, except in the case of a lunatic so
found by inquisition, be supported by an affidavit of a duly
registered medical practitioner as to the physical and mental
condition of the debtor.

(4) Where the order is made on the application of the
Official Receiver the expense of holding the examination shall
be deemed to be an expense incurred by the Official Receiver
within the meaning of section 37 Of the Ordinance. Where
the application is made by any other person he shall, before
any order is made on the application, deposit with the Official
Receiver such sum as the Official Receiver may certify to be
necessary for the expenses of.the examination.





Discharge.

88. (1) A bankrupt intending to apply for his discharge
shall file an application for a day to be fixed for the hearing
and when a day for the hearing has been fixed the Officil
Receiver shall forthwith send notice thereof to the Gazette
and to one local newspaper.

(2) Notice of the day appointed for the hearing of the
debtor's application for discharge shall be sent by the Official
Receiver to each creditor not less than fourteen days before
the day so appointed.

89. Without prejudice to the provisions of section 98 of
the Ordinance, an appeal to the Full Court shall lie at the
instance of the Official Receiver from any order of the court
made upon an application for the rescission of a receiving
order, and at the instance, of the Official Receiver or of the
trustee (if any) froni any order of the court made upon an
application for discharge or for annulment of adjudication.

90. In every case of an applica tion by a bankrupt for his
discharge the report of the Official Receiver shall be Sled riot
less than seven days before the time fixed for bearing the
application.

91. Where a bankrupt intends to dispute any statement
with regard to his conduct and affairs contained in the Official
Receiver's report, he shall, not less than three days before
thd hearing of the application for discharge, give notice in
writing to the Official Receiver, specifying the statements
in the report, if any, which he proposes at the hearing to
dispute. Any crediter who intends to oppose the discharge
of a bankrupt on grounds other than those mentioned in the
Official Receiver's report shall give notice of the intended
opposition, stating the grounds thereof, to the Official
Receiver and to the bankrupt not less than three days before
the bearing of the application.

92. A bankrupt shall not be entitled to have any of the
costs of or 'Incidental to his application for his discharge
allowed to him out of his estate.





93. (1) Where the court grants an order of discharge
conditionally upon the bankrupt consenting to judgment
being entered against him by the Official Receiver or trustee
for the balance or any part of the balance of the debts
provable under the bankruptcy which is not satisfied at the
date of his discharge, the order of discharge shall not be
signed, completed or delivered out until the bankrupt has
given the, required consent.

(2) If the bankrupt does not give the required consent
within one month of the makingof the conditional order the
court may, on the application of the Official Receiver or
trustee, revoke the order or make such other order as the
court may think fit.

94. The order of the court made on an application for
discharge shall be dated of the day on which it is rnade and
shall take effect from the day on which the order is drawn
up and signed; but such order shall not be delivered out
or gazetted until after the expiration of the time allowed for.
appeal, or if an appeal be entered, until after
the decision
of the Full Court thereon.

95. When the time for appeal has expired or, as the
case may be, when the appeal has been decided by the Full
Court the Official Receiver shall forthwith gazette the same,
and advertise.it in one local newspaper.

96. (1) An application by the Official Receiver or
trustee for leave to issue execution on a judgment entered
pursuant to a conditional order of discharge shall be in
writing and shall state shortly the grounds on which the
application is made. When the application is lodged the
Registrar shall fix a day for the hearing.

(2) The Official Receiver or trustee shall give notice of
the application to the debtor not less than four days before
the day appointed for the hearing and shall at the sarne
time furnish him with a copy of the application. Such notice
may be shortened or dispensed with on sufficient grounds,
one of which shall be the probability of the debtor abscond-
ing.

97. Where a bankrupt is discharged subject to the
condition that judgment shall be entered agalnst him, or





subject to any other condition as to his future earnings or
after-acquired property, it shall be his duty, until such judg-
ment or condition is satisfied, from time to time to give the
Official Receiver such information as he may require with
respect to his earnings and after-acquired property and in-
come, and not less than once a year to file in the court a
staterrierit showing the particulars of any property or income
he may have acquired subsequent to his discharge.

98. Any statement of after-acquired property or income
filed by a bankrupt whose discharge has been granted sub-
ject to conditions shall be verified by affidavit, and the
Official Receiver or trustee may require the bankrupt to
attend before the court to be examined on oath with refer-
ence to the statements contained in such affidavit or as to his
earnings, income, after-acquired property or dealings.
Where a bankrupt neglects to file such affidavit or to attend
the court for examination when required so to do, or pro-
perly to' answer all such questions as the court may put or
allow to be put to him, the court may, on the application of
the Official Receiver or trustee, rescind the order of dis-
charge, commit the bankrupt for contempt of court or make
such other order as it may see fit.

99. Where after the expiration of two years from the
date of any order made upon a bankrupt's application for a
discharge, the bankrupt applies to the court to modify the
terms of the order on the ground that there is no reasonable
probability of his being in a position to comply with the
terms of such order, he shall give fourteen days' notice of
the day fixed for bearing the application to the Official Re-
ceiver wid to all his creditors.

Meetings of creditors.

100. The Official Receiver shall give three days' notice
to the debtor of the time and place appointed for the first
meeting of creditors. The notice may be either delivered
to him personally or sent to him by prepared letter post, as
may be convenient. It shall nevertheless be the duty of the
debtor to attend such first meeting although the notice is
not sent to or does not reach him.





101. The Official Receiver shall fix the day for the first
meeting, and shall forthwith gazette and advertise the same
in one local newspaper if he considers such advertisement
desirable. The Official Receiver shall also give notice to
the creditors.

102. The notices of subsequent meetings shall be issued
to creditors by the Official Receiver or trustee. Where no
special time is prescribed the notices shall be sent off riot
less than three days before the day appointed for the illect-
ing.

103. Where a meeting of creditors is called by notice
the proceedings had and resolutions passed at such meeting
shall, unless the court otherwise orders, be valid notwith-
standing that some creditors have not received the notice
sent to, them.

104. Where a trustee summons a meeting of creditors he
shall send to the Official Receiver a copy of the notice con-
vening the meeting.

105. A certificate by the Official Receiver or other officer
of the court or by the clerk of any such person, Or an affida-
vit by the trustee or his solictor or the clerk of either of
such persons, that the notice of any meeting of creditors
or sitting of the court has been duly posted, shall be
sufficient evidence of such notice having been duly sent to
the person to whom the same was addressed.

106. Where on the request of creditors the Official Re-
ceiver or trustee calls a meeting of creditors, the cost of
summoning such meeting, including all disbursements for
printing, stationery, postage and the hire of a room for the
meeting (if necessary), shall be calculated at th6 following
rates for each creditor to whom notice is required to be
sent-
(a)where the assets do not exceed $1,000--50 cents
per creditor for the first twenty creditors and 2
cents per creditor for any number of creditors after
the first twenty;
(b)Where the assets exceed $1,000-50 cents per
creditor for any number of creditors.





107. Where a meeting of creditors is adjourned the ad-
journed meeting shall be held at the same place as the
original place of meeting unless in the resolution for
adjournment another place is specified.

108. In calculating a quorum of creditors present at a
meeting those persons only who are entitled to vote at the
meeting shall be reckoned.

Proof of debts.

109. An affidavit of proof of debt may be sworn or
declared before the OfficialReceiver or any person
authorized to administer oaths or take statutory declarations.

110. In any case in which it appears from the debtor's
statement of affairs that there are numerous claims for
wages by workmen or others employed by the debtor, it shall,
be sufficient if one proof for all such claims is made either
by the debtor or by his foreman or some other person on
behalf of all such creditors. Such proof shall have annexed
thereto, as forming part thereof, a schedule setting forth the
names of the workmen or others and the amounts severally
due lo them. Any proof made in compliance with this rule
shall have the sarne effect as if separate proofs had been
made by each of the said workmen or others.

111. Where a creditor seeks to prove in respect of a bill
of exchange, promissory note, or other negotiable instrument
or security on which the debtor is liable, such bill of
exchange, note, instrument or security must, subject to any
special order of the court made to the contrary, be produced.
to the Official Receiver, chairman of a meeting or trustee,
as the case may be, before the proof can be admitted either
for voting or for dividend.

112. A proof intended to be used at the first meeting of
creditors shall be lodged with the Official Receiver not later
than twenty-four hours before the time appointed for the
meeting. A proof intended to be used at an adjournment of
the first meeting (if not lodged in time for the first meeting)
must be lodged not less than twenty-four hours before the
time appointed for the adjourned meeting.





113. Where a trustee is appointed in any matter all proofs
of debts that have been received by the Official Receiver
shall be handed over to the trustee but the Official Receiver
shall first inake a list of such proofs and take a receipt thereon
from the trustee for such proofs.

114. The Official Receiver, as trustee, not later tlian
twenty-one days from the latest date specified in the notice of
his intention to declare a dividend as the tinie within which
such proofs must be lodged, shall either admit 01' rej . ect
wholly or in part every proof lodged with him or require
furtlier evidence in support thereof.

115. The trustee, other than the Official Receiver, within
twenty-eight days after receiving a proof which has not
previously been dealt with by the Official Receiver shall, in
writing, either admit or reject it wholly or in part or require
further evidence in support thereof : Provided that where
the trustee has given notice of his intention to declare a
dividend he shall, within twenty-one days after the date
mentioned in such notice as the latest date up to which proofs
must be lodged, examine and in writing admit or reject every
proof which has not been already admitted or rejected and
give notice of his decision rejecting a proof wholly or in
part to the creditor affected thereby.

116. Where a creditor's proof has been admitted the
notice of dividend shall be sufficient notification to such
creditor of such admission.

117. No applicatioa to reverse or vary the decision of the,
Official Receiver or. trustee in rejecting a proof shall be enter-
tained after the expiration of twenty-one days from the date
of the decision complained of.

118. The Official Receiver shall in no case be personally
liable for costs in relation to an appeal from his decision
rejecting any proof wholly or in part.

Proxies and voting letters.

119. (1) A proxy shall be lodged with the Official
Receiver or trustee not later than twenty-four hours before
the time appointed for the meeting or adjourned meeting at
which it is to be used.





(2) As soon as a proxy or voting letter has been used it
shall be filed with the proceedings in the matter.

120. A proxy given by a creditor shall be deemed to be
sufficiently executed if it is signed by any person in the
employ of the creditor having a general authority to sign for
such creditor, or by the authorized agent of such creditor if
resident abroad. Such authority shall be in writing and
shall be produced to the Official Receiver if required.

121. The proxy of a creditor blind or incapable of writing
may be accepted if such creditor has attached his signature or
mark thereto in the presence of a witness, who shall add to
his signature his description and residence, provided that all
insertions in the proxy are in the handwriting of the witness
and such witness has certified at the foot of the proxy that
all such insertions have been made by him at the request
of the creditor and in his presence before fie attached his
signature or mark.

122. No person shall be appointed a general or special
proxy who is a minor.

Dividends.

123. (1) Not more than four months before declaring
a dividend, the trustee shall gazette notice of his intention
to do so and at the same time give notice to such of the
creditors mentioned in the bankrupt's statement of affairs as
have not proved their debts. Such notice shall specify the
latest date up to which proofs must be lodged, which shall
be not less than fourteen days from the date of such notice.

(2) Where any creditor, after the date mentioned in
the notice of intention to declare a dividend as the latest
date upon which proofs may be lodged, appeals against
the decision of the Official Receiver or trustee rejecting a
proof, such appeal shall be commenced, and notice thereof
given to the Official Receiver or trustee, within seven days
from the date of the notice of the decision against which
the appeal is made, and the Official Receiver or trustee
shall in such case make provision for the dividen upon
such proof and the probable costs of such appeal in the
event of the proof being admitted. Where no appeal has





been commenced within the time specified in this rule the
trustee shall exclude all proofs which have been rejected
from participation in the dividend.

(3) Immediately after the expiration of the time fixed
by this rule for appealing against the decision of the
trustee, he shall proceed to declare a dividend and gazette
the same and shall also send a notice of dividend to each
creditor whose proof has been admitted.

(4) If it becomes necessary, in the opinion of the
trustee and the committee of inspection, to postpone the
declaration of the dividend beyond the prescribed limit of
four months, the trustee shall gazette a fresh notice of his
intention to declare a dividend; but it shall not be neces-
sary for such trustee to give a fresh notice to such of the
creditors mentioned in the bankrupt's statement of affairs
as have not proved their debts. In all other respects the
same procedure shall follow the fresh notice as would have
followed the original notice.

124. Subject to the provisions of section 70 of the Bills
of Exchange Ordinance, and subject to the power of the
court in any other case on special grounds to order produc-
tion to be dispensed with, every bill of exchange, promis-
sory note or other negotiable instrument or security upon
which proof has been made shall be exhibited to the trustee
before payment of dividend thereon, and the amount of
dividend paid shall be indorsed on the instrument.

125. The amount of the dividend may at the request and
risk of the creditor be transmitted to him by post.

126. If a person to whom dividends are payable desires
that they shall be paid to some other person he may lodge
with the trustee a request to that effect which shall be a
sufficient authority for payment of the dividend to the
person therein named.

Registration of general assignments of book debts.

127. (1) The Registrar shall keep a register for the
purpose of section 48 of the Ordinance, and shall on request
and on the filing of a duly attested copy of an assignment






of existing or future book debts or any class there of from a
person engaged in any trade or business to any other
person, and production of the original thereof, and deposit
of a certified English translation thereof when the original
is in a foreign language, enter particulars of such assign-
merit in the register. Such registration shall be effected
before the commencement of the bankruptcy ; otherwise the
assignment shall be void and of no effect as against the
assignor's trustee in bankruptcy. The register shall con-
tain the name, residence and occupation of the persons by
whom and to whom the assignment was made and given,
and the other particulars shown in the said form or prescrib-
ed under these rules, and all such assignments registered in
each year shall be numbered consecutively according to
the respective dates of' the registration.

(2) Th Registrar shall also keep an index of the names
of the assignors under such assignments. Such index shall
be arranged in divisions corresponding with the letters of the
alphabet, so that all assignors whose surnames begin with
the sarne letter, and no others, shall be comprised in one
division but the arrangement within each such division need
not be alphabetical.

(3) The fees mentioned in the Appendix to these rules
and such other fees is may be prescribed sliall lie paid to
the Registrar.

Appropriation of pay, salary, pensions, etc.

128. When a trustee intends to apply to the court for an
appropriation order under section 56 of the Ordinance, lie
shall give to the bankrupt notice of his intention so to do.
Such notice shall specify the time and place fixed for hearing
the application, and shall state that the bankrupt is at liberty
to show cause against such order being made.

129. Where. an order has been made for the payment by
a bankrupt, or by his employer for the time being, of a
portion of his income or salary (including any bonus or
commission payable to him) the bankrupt may, upon his
ceasing to receive a salary or income of the amount lie
received when the order was made, apply to the court to





rescind the order or to reduce the amount ordered to be
paid by him to the trustee. And in the case of any increase
in the amount of such salary or income (inclusive of -any
bonus or commission as aforesaid) the Official Receiver or
trustee may in like manner apply to the court to increase the
amount ordered to be paid by the debtor to the trustee.

Disclalimer of lease.

130. (1) A lease may be disclaimed without the leave of'
the court in any of the following cases-
(a)where the bankrupt has not sublet the demised
premises or any part thereof or created a mortgage
.or charge upon the lease, and-
(i) the rent reserved or the value of the property
leased, as ascertained by the assessment, is less than
$1,200 per annum; or
(ii) the trustee serves the lessor with notice of his
intention to disclaim, and the lessor does not within
seven days after the receipt of such notice give
notice to the trustee requiring the matter to be
brought before the court;
(b)where the bankrupt has sublet the demised premises
or created a mortgage or charge upon the lease, and
the trustee serves the lessor and the sub-lessee or the
mortgagees with notice of his intention to disclaim,
and neither the lessor nor the sub-lessee or the
mortgagees or any of them, within fourteen days
after the receipt of such notice, require or requires
the matter to be brought before the court.

(2) Except as provided by this rule, the disclaimer of a
lease without the leave of the court shall be void.

(3) Where a trustee disclaims a lease he shall forthwith
file the disclaimer with the proceedings in the court and shall
also, if the lease. is registered in the Land Office, register a
memorial of such disclaimer in the Land Office; and the
disclaimer shall contain particulars of the interest disclaimed
and a statement of the persons to whom notice of the dis-
claimer has been given. Until the disclaimer is so filed, or,
as the case may be, filed and registered, by the trustee, the
disclaimer shall be inoperative.





(4) Where, in pursuance of notice by the trustee of his
intention to disclaim a lease, the lessor, sub-lessee, or mort-
gagee requires the trustee to apply to the court for leave to
disclaim, the costs of the lessor, sub-lessee, or mortgagee
shall not be allowed out of the estate of the bankrupt except
in cases in which the court is satisfied that such application
was necessary in order to do justice between the parties.

(5) A disclaimer made without leave of the court under
this rule shall not be void or otherwise affected on the ground
onIv Iflat the notice required by this rule has not been given
to some person who claims to be interested in the demised
property.

(6) Where any person claims to be. interested in any
part of the property of the bankrupt burdened with onerous
covenants, he shall, at the request of the Official Receiver
or trustee, furnish a statement of the interest so claimed by
him.

Proceedings by company or co-partnership.

131. A bankruptcy petition against or bankruptcy notice
to any debtor to any company or co-partnership duly
authorized to sue and be sued in the name of a public officer
or agent of such company or co-partnership may, be presented
by or sued out by such public officer ot- agent as the nominal
petitioner for and on behalf of such company or co-partner-
ship, on such public officer or agent filing an affidavit stating
that he is such public officer or agent and that he is authorized
to present or sue out such petition or bankruptcy notice.

Proceedings by or against firm

132. any notice, declaration, petition orther
document requiring attestation is signed by a firm of creditors
or debtors in the firm name, the partner signing for the firm
shall add also his own signature e.g. 'Brown & Co. by James
Green, a partner lit the said firm.'

133. Where a firin of debtors file a declaration of inability
to pay tlicir debts or a bankruptcy petition the same shall
contain the nanies irt full of the individual,partners, and if
such declaration or petition is signed in the firm name the





declaration or petition shall be accompanied by an affidavit
made by the partner who signs the declaration or petition,
showing that all the partners concur in the filing of the same :
Provided that the court may dispense with proof of the con-
currence of any partner if it has been impracticable to obtain
his concurrence in time.

134. A creditor's petition in the firm name may be
presented by any partner of the firm, or in the absence of
all the partners from the Colony, by any person having the
control or management of the business of the firm.

1,35. Where a petition is filed against a firm the petition-
ing creditor, or if the petitioning creditor is a firm then one
of the partners therein, shall state on affidavit the names and
addresses of all the partners in the debtor firm to the best
of his information and belief.

136. A limited partnership registered under the. Limited
Partnerships Ordinance, may present a petition in bank-
ruptcy as creditors in the name of the firm. The petition
shall be signed by a partner or, in the absence of all the
partners from the Colony, by any person having the control
or management of the firm.

137. In cases of partnership the debtors shall submit a
statement of their partnership affairs and each debtor shall
Submit a statement of his separate affairs.

138. Where a receiving order is inade against a firm the
joint and separate creditors shall collectiveh, be convened to
the first meeting of creditors.

139. The, joint. creditors, and each set o f separate
creditors, may severally accept compositions or schemes of
arrangement. So far as circumstances allow, a proposal
accepted by joint creditors rnay be approved in the prescribed
manner, notwithstanding that the proposals or proposal of
some or one of the debtors made to their or his separate
creditors rnay not be accepted.

140. Where proposals for compositions or schemes are
made by a firm, and by the partners therein individually, the
proposal made to the joint creditors shall be considered and





voted upon b3, them apart from every set of separate creditors ;
and the proposal inade to each separate set of creditors shall
be considered and voted upon by such separate set of
creditors apart from all, other creditors. Such proposals may
vary in character and arnount. Where a composition or
schemc is approved the receiving order shall be discharged
only so far as it relates to the estate the creditors of which
have accepted the composition or scheme.

141. On the adjudication in bankruptcy of a partnership
the trustee appointed by the joint creditors, or by the court
under subsection (4) of section 23 or subsection (3) of section
81 of the Ordinance, as the case may be, shall be the trustee
of the separate estates. Each set of separate creditors may
appoint its own committee of inspection; but if any set of
separate creditors does not appoint a separate committee, the
committee (if any) appointed by the joint creditors shall be
deemed to have been appointed also by such separate
creditors.

142. If any two or more of the members of a partnership
constitute a separate and independent firm, the creditors of
such last-mentioned firm shall be deemed to be a separate set
of creditors and to be on the same footing as the separate
creditors of any individual member of the firm. And where
any surplus arises upon the administration of the assets of
such separate or independent firm the same shall be carried
over to the separate estates of the partners in such separate
and independent firm according to their respective rights
therein.

Lunatics.

143. (1) it appears to the court that any debtor or
creditor or other person who may be affected by any proceed
ing under the Ordinance or rules is a lunatic not so found bY
inquisition (hereinafter called the lunatic), the court may
appoint such person as it may think fit to appear for, represent
or act for and in the name of the lunatic, either generally or
in and for the purpose of any particular application or pro
ceeding or the exercise of any particular rights or powers
which under the Ordinance and rules the lunatic might have
exercised if he.had been of sound mind. The appointment





may be made by the court either on an application made as
hereinafter mentioned or, if the court thinks fit so to do,
with any previous application.

(2) An application to the court to make an appointment
under this ' rule may be made by any person who has been
duly appointed by the court to manage the affairs or property
of or to represent the lunatic, or by any relative or friend of
the lunatic who may appear to the court to be a proper person
to make the application, or by the Official Receiver.

. (3) The application may be made ex parte and without
notice, but in any case in which the court thinks it desirable
the court may require such notice of the application as it
thinks necessary to be given to the Official Receiver or
trustee (if any) or to the petitioning creditor or to the person
alleged to be a lunatic, or to any other person, and for that
purpose may adjourn the hearing of the application.

(4) Where the application is made by some person other
than the Official Receiver it shall be supported by an
affidavit of a duly registered medical practitioner as to the
physical and mental condition of the lunatic. Where the
application is made by the Official Receiver it may be sup-
ported by a report of the Official Receiver, the contents of
which shall be received as prima facie evidence of the facts
therein stated.

(5) When a Person has been appointeel under this rtile
any notice under the Ordinance and rules served on or given
to such person shall have the same effect as if the notice had
been served on or given to the lunatic.

Administration of estates of deceased insolvents.

144. A creditor's petition, and a petition by the legal
personal representative of the deceased, under section 112 of
the Ordinance shall be verified by affidavit.

145. The provisions of rule 51 as to deposits on presenta-
tion of a petition shall apply to petitions presented by a
creditor or by a legal personal representative under section
112 of the Ordinance.





146. Where an administration order under section 112
of the Ordinance is made, such order shall be gazetted and
advertised in the same manner in all respects as an 'order of
adjudication is gazetted and advertised.

147. (1) The petition shall, unless the court otherwise
directs, be served on each executor who has proved the will
or, as the case mny be, on each person who has taken out
letters of administration or, if there is no personal representa-
tive in the Colony, on the Official Administrator. The court
may also, if the court thinks fit, order the petition to be
served on any other person.

. (2) Service shall be proved in the same way as is
provided in the case of an ordinary creditor's petition, and
the petition shall be heard in the like manner.

(3) Where any executor or administrator or the Official
Administrator, as the case may be, intends to show cause
against the petition he shall file with the Official Receiver a
notice specifying the grounds on which he intends to show
cause and shall transmit by post to the petitioning creditor,
or to his solicitor, a copy of the notice, in each case three
days before the day on which the petition is, to be heard.

148. (1) When an administration order under section 112
of the Ordinance. has been made it shall be the duty of the
executor or legal personal representative of the deceased
debtor or of the Official Administrator to lodge with the
Official Receiver forthwith --(in- duplicate)- an account- of. the,
dealings with, and administration of (if any), the deceased's
estate by such executor or legal personal representative or
of the Official Administrator and such executor or legal
personal representative or the Official Administrator shall
also furnish forthwith in duplicate a list of the creditors and
a statement of the assets and liabilities and such other parti-
culars of the affairs of the deceased as may be required by
the Official Receiver. Every account, list and statement to
be made under this rule shall be made and verified as nearly
as may be in accordance with the practice for'the time being
of the original jurisdiction of the court. .





(2) The expense of preparing, making, verifying and
lodging any account, list and statement under this rule shall,
after being taxed, be allowed out of the estate, upon produc-
tion of the necessary allocatur-

149. In proceedings under an order for the adininistra-
tion of the estate of a person dying insolvent, where a meeting
of creditors is summoned for the appointment of a trustee---
(a)the provisions of the Meetings of Creditors Rules
relating to the mode of summoning a meeting of
creditors, and to the persons entitled to a vote at a
meeting, and
(b)the provisions of these rules which refer to creditors,.
,meetings of creditors, trustees and committees of
inspection,
shall, so far'as applicable, apply as if the proceedings were
undel. a receiving order and order of adjudication.

PART 1V.

OFFICIAL RECEIVER, TRUSTEES, SPECIAL MANAGERS,
SECURITY BY TRUSTEE OR SPECIAL MANAGER,
GAZETTING, ACCOUNTS AND AUDIT,
UNCLAIMED FUNDS.

Official Receivers.

150. (1) As soon as the Official Receiver has been
appointed to the receivership of an estate he shall furnish
the debtor with a form for the preparation of his statement
of affairs.

(2) The Official Receiver or some person deputed by
him shall also forthwith hold a personal interview with the
debtor for the purpose of investigating his affairs.

. (3) It.shall be the.duty of the debtor to attend at such
times and places as the Official Receiver may appoint.

151. Stibject to any general or specialt directions which. the
court may give, the Official- Receiver, in the possession
of the property of a debtor, may make him such allowance





out of his property for the support of himself and his family
as may be just. In fixing the amount of such allowance the
assistance rendered by the debtor in the management of his
business or affairs may be taken into account.

152. Whenever, under the powers given by section 78
of the Ordinance, the Official Receiver employs any person
to assist the debtor in the preparation of his statement of
affairs he shall report the matter to the court and specify
the remuneration to be allowed to such person.

153. Where the Official Receiver holds any.proxies but
cannot conveniently attend any meeting of creditors at
which such proxy or proxies might be used, he may depute
some person unjer his official control, by writing under his
hand, to attend such meeting and use proxies on his behalf
and in such manner as he may direct.

154. In any case of sudden emergency or where there
is no Official Receiver or Deputy Official Receiver capable
of acting, any act or thing requited or authorized to be done
by the Official Receiver may be done by the Registrar.

155. When the Official Receiver appoints a special
manager he may at any time remove him if his employment
seems unnecessary or unprofitable to the estate, and he
shall remove him if so required by a special resolution of
the creditors.

156. Applications by the Official Receiver to the court
may be made personally, and without notice or other form-
ality; but the court may in case order that an applica-
tion may be renewed in a formal manner and that such notice
thereof be given to any person likely to be affected thereby
as the court may direct.

157. Where for the purposes of any application to the
court by the Official Receiver for directions, or on his
opposing a receiving order or an order for adjudication or on
his applying to adjudge a debtor bankrupt or to rescind a
receiving order or to annul an adjudication order or for
leave to disclaim a lease, or for an extension of time to apply
for leave to disclaim a lease, or for an order to take criminal





proceedings against a bankrupt, or to commit a bankrupt,
it is necessary that evidence be given by him in support of
such opposition or application, such evidence may be given
by a report of the Official Receiver to the court and need
not be given by affidavit, and any such report of the Official
Receiver to the court shall be received by the court as
prima facie evidence of the matters reported upon.

158. In any case of doubt or difficulty or in any inatter
not provided for by the Ordinance or any rules thereunder
relating to any proceeding in court the Official Receiver
may apply to the court for directions.

159. (1) Where a composition or scheme is sanctioned
by the court the Official Receiver shall pay over any surplus
in hand after making 'all proper deductions therefrom to the
debtor or, as the case may be, to the trustee under the corn-
position or scheme.

(2) Where a debtor is adjudged bankrupt and a trustee
is appointed, the Official Receiver shall pay such surpluses
as aforesaid to the trustee in the bankruptcy.

(3) The provisions of this Part of these rules as to
trustees and their accounts shall not apply to the Official
Receiver when acting as trustee, but he shall account in such
manner as is provided by the Ordinance or as the court
may from time to time direct.

160. The debtor shall on the request of the Official Re-
ceiver furnish him with all such accounts and particulars as
he may require. If the debtor fails to comply with the
requirements of this rule the Official Receiver shall report
such failure to the court and the court shall take such action
on such report as the court may think just.

161. The following provisions shall apply to every case
in which proceedings are taken by action, motion or in any
other manner against the Official Receiver in respect of
anything done or default made by him when acting, or in
the bona fide and reasonable belief that he is acting, in pur-_
suance of the Ordinance or. in execution of the powers given
to the Official Receiver by the Ordinance-





(a)Subject to the provisions of paragraph (b), the
costs, damages and expenses which the Official
Receiver may have to pay, or to which. he may be
put under such proceedings, shall be paid out of
the estate of the debtor and not personally.
(b)As soon as any such proceedings are commenced it
shall be the duty of the Official Receiver to report
the same to the Colonial Secretary, who shall deter-
mine whether or not such proceedings shall be re-
sisted or defended.
(c)The Official Receiver shall not, unless the court
otherwise orders, be entitled to be paid out of the
estate any costs or expenses which he may have
to pay or bear in consequence of resisting or de-
fending any such proceedings, unless the Colonial
Secretary has determined that such proceedings
shall be resisted or defended.
(d)The Official Receiver shall, if necessary, apply to
the court for any reasonable adjournment of any
motion or other summary proceedings before the
COUrt pending the determination of the Colonial
Secretary upon the,question whether such motion
or proceedings shall be resisted or defended. And
the court may grant an adjournment upon such
terms as it thinks fit.
(e)If such proceedings are commenced before the
appointment of a trustee by the creditors or before
the approval of a composition or scheme, the
Official Receiver may, before putting the trustee
appointed by, the creditors or in the case of a com-
position the debtor himself into possession of the
debtor's property, retain the whole or some part of
the debtor's estate according as the Colonial Secre-
tary shall in each case direct, to meet the damages,
costs or expenses which the Official Receiver may
have to pay or bear in consequence of the said pro-
ceedings. If such proceedings are commenced after
the appointment of a trustee by the creditors or
after the approval of a composition or scheme, the
Official Receiver shall forthwith give notice of such
proceedings to the trustee or other person in whom
the estate of the debtor may be vested (including
where necessary the debtor himself) and the estate





of the debtor shall, as from the date of such notice,
be deemed. to be charged with the payment of the
said damages, costs and expenses.

Outside trustees.

162. On the appointment of a trustee, notice of his
appointment shall forthwith be gazetted by the Official Re-
ceiver. Notice of the appointment shall if he considers it
necessary be inserted by the Official Receiver in a local
paper. The expense of such gazetting and notice shall be
borne by the estate.

163. It shall be a sufficient reason for refusing to
approve the appointment of a person as trustee that in any
other proceedings under the Ordinance such person has
either been removed under subsection (2) of section 96 of
the Ordinance from the office of trustee or has failed or
neglected, without good cause shown by him, to render his
accounts for audit for two months after the date by which
the same should have been rendered.

164. Where a trustee or special manager has given
security in the prescribed manner but fails to keep up such
security or, if called upon to do so, to increase such security,
the court may remove him from his office.

165. Where a trustee is removed by the court the order
removing him shall at once be filed with the proceedings in
the matter and shall also be gazetted by the Official Receiver.

166. A trustee intending to resign his office shall call a
meeting of creditors to consider whether his resignation shall
be accepted or not, and shall give not less than seven days'
notice of the meeting to the. Official Receiver.

167. Except as provided by the Ordinance or any, rules
thereunder, no trustee shall be entitled to receive out of the
estate any remuneration for services rendered to the estate
except the remuneration to which under the Ordinance and
such rules he is entitled as trustee.

168. (1) Where the trustee or special manager carries on
the business of the debtor he shall keep a distinct account of





the trading and shall incorporate in the cash book the total
weekly amount of the receipts and palyments on such trading
account.

(2) The trading account shall from time to time, and not
less than once in three months, be verified by affidavit and
the trustee shall thereupon submit such account to the com-
mittee of inspection (if any), or such member thereof as may
be appointed by the committee for that purpose, who shall
examine and certify thic same.

169. A trustee before making application to the court for
his release shall give notice of his intention so to do to the
Official Receiver, to all the creditors of the debtor who have
proved their debts and to the debtor, and shall send with such
notice a summary of his receipts and payments as trustee :
Provided that where such application is made upon the
trustee ceasing to act by reason of a composition having been
approved under section 25 of the Ordinance, such notice and
surnniary shall be sent to the debtor only.

170. Where the court has granted to a trustee his release
a notice of the order granting such release shall be gazetted.
The fees shall be. charged to the estate.

171. The release of a trustee shall not take effect unless
and until he has duly delivered over all the books, papers,
documents and accounts which by these rules he is required
to deliver over on his release.

172. Where one-fourth in value of the creditors desire
that a general meeting of the creditors may be summoned to
consider the propriety of removing the trustee such meeting
may be summoned by a member of the committee of
inspection, or by the Official Receiver, on the deposit of a
sum sufficient to defray the expenses of summoning such
meeting.

173. Where the trustee has an account at a bank he shall
forthwith pay all moneys received by him into the credit of
the estate. All payments out shall be made by cheque
payaWe to order, and every cheque shall have marked or
written on the face of it the name of the estate and shall be





signed by the trustee. Every cheque shall be countersigned
in cases where there is a committee of inspection by at least
one member of the committee and by such other person,
if any, as the creditors or committee of inspection may
appoint.

174. Where a trustee applies to the court for directions
in any matter he shall file an application, and the court shall.
then hear the application or fix a day for hearing it or direct
the trustee to apply by motion.

175. Any creditor who has proved his debt may apply
to the trustee for a copy of the accounts (or any part thereof)
relating to the, estate as shown by the cash book up to date,
and on paying for the same at the rate Of 25 cents per folio
he shall be entitled to have such copy accordingly.

176. Where in pursuance of section 88 of the Ordinance
the Official Receiver or trustee is required to transmit to
creditors a statement of the accounts, the cost of furnishing
and transmitting such statement shall be calculated at the
rate Of 25 cents per folio for each statement where the
creditors do notexceed ten, and where the creditors exceed
ten $1 per folio, for the preparation of the statement and the
actual cost of printing, if printed.

177. Neither the trustee nor any member of the com-
mittee of inspection of an estate shall, while acting as trustee
or member of such committee, except by leave of the court,
either directly or indirectly, by himself or any partner,
clerk, agent or servant, become purchaser of any part of the
state. Any such purchase made coptrary to the provisions
of this rule may be set aside by the court on the application
of the Official Receiver or any creditor or the debtor.

178. (1) Where the trustee carries on the business of
the debtor he shall not without the express sanction of the
court purchase goods for the carrying on of such business
from his employer (if any) or from any person whose con-
nexion with the trustee is of such a nature as would result
in the trustee obtaining any portion of the profit (if any)
out of the transaction.





(2) No member of a committee of inspection of an estate
shall, except under and with the sanction of the court, directly
or indirectly, by himself or any employer, partner, clerk,
agent or servant, be entitled to derive any profit from any
transaction arising out of the bankruptcy or to receive out
of the estate any payment for services rendered by him in
connexion with the administration of the estate or for any
goods supplied by him to the trustee for or on account of the
estate. If it appears to the court that any profits or payment
has been made contrary to the provisions of this rule it may
disallow such payment or recover such profit, as the case may
be, on the audit of the trustee's account.

(3) Where the sanction of the court under this rule to a
payment to a member of a committee of inspection for
services rendered by him in connexion with the administra-
tion of the estate is obtained, the order of the court shall
specify the nature of the services and shall only be given
where the service performed is of a special nature. No
payment shall under any circumstances be allowed to a
member of a committee for services rendered by him in the
discharge of the duties attaching to his office as a member
of such committee.

(4) The cost of obtaining such sanction as aforesaid shall
be borne by the person in whose interest it is obtained and
shall not be payable out of the debtor's estate.

179. (1) Where a debtor is adjudged bankrupt and a
trustee is appointed the Official Receiver shall forthwith ptit
the trustee into possession of all property of the bankrupt of
which the Official Receiver may be possessed; provided that
such trustee has, before the estate is handed over to him by
the Official Receiver, discharged any balance due to the
Official Receiver on account of fees, costs and charges
properly incurred by him and payable under the Ordinance,
and on account of all advances properly made by him in
respect of the estate, together with interest on such advances
at the rate of eight per cent per annum, and has discharged
or undertaken to discharge all guarantees which have been
given by the Official Receiver for the benefit of the estate;
and the trustee shall pay all fees, costs and charges of the
Official Receiver which may not have been discharged by





the trustee before being put into possession of the property
of the bankrupt and whether incurred before or after he has
been put into such possession.

(2) The Official Receiver shall be deemed to have a lien
upon the estate until such balance has been paid and such
guarantees and other liabilities have been discharged.

(3) It shall be the duty of the Official Receiver, if so
requested by the trustee, to communicate to the trustee all
such information respecting the bankrupt and his estate and
affairs as may be necessary or conducive to the due discharge
of the duties of the trustee.

180. Where the Official Receiver is of opinion that any
act done by a trustee or any resolution passed by a committee
of inspection should be brought to the notice dthe creditors,
for the purpose of being reviewed or otherwise, the Official
Receiver may summon a meeting of creditors accordingly to
consider the same, and the expense of summoning such
meeting shall be paid by the trustee out of any available
assets under his control.

Special manager.

181. Where a. special manager is appointed he shall be
paid such remuneration as is provided by the scale of
allowances contained in Table C of Part III of the Appendix.

182. Every special manager shall account to the Official
Receiver and such special manager's accounts shall be
verified by affidavit in the prescribed form and, when
approved ~y the Official Receiver, the totals of the receipts
and payments shall be added to the. Official Receiver's
accounts.

Security by trustee or special manager.

183. In the case of a trustee or special manager the
following rules as to security shall be observed-
(a) the security shall be given to the Registrar;
(b) it shall not be necessary that security be given in
each separate matter; but security may be given
either specially in a particular matter or generally to





be available for any matter in which the person
giving security may be appointed either as trustee,or
special manager;
(c)the Official Receiver shall fix the amount and nature
of such security and may from time to time, as he
thinks fit, either increase or diminish the amount of
special or general security which any person has
given.

Gazetting.

184. All notices requiring publication in the Gazette shall
be gazetted by the Official Receiver or trustee as the case
may be.

185. Where any receiving order is amended, and also in
any case in which any matter which has been gazetted has
been amended or altered or in which a matter has been
wrongly or inaccurately gazetted, the Official Receiver or
trustee shall re-gazette such order or matter with the neces-
sary amendments and alterations in the prescribed form, nt
the expense of the estate.

188. Where an order (other than an order annulling an
adjudication or rescinding a receiving order) which has
been gazetted is annulled, revoked or rescinded, notice of the
order of annulment, revocation or rescission shall be publish-
ed in the Gazette. When the order is annulled, revoked or
rescinded on the application of the Official Receiver or of
the trustee the fee for gazetting shall be paid out of the
estate but in any other case such fee shall be paid by the
party making the application.-

Accounts and audit.

187. The Official Receiver until a trustee is appointed,
and thereafter the trustee, shall keep a record of all
minutes, all proceeding had and resolutions passed at
any meeting of creditors or of the committee of inspection,
and all such matters as may be necessary to give a correct
view of his administration of the estate, but he shall not be
bound to insert in the record any document of a confidential
nature (such as the opinion of counsel on any matter affect-





ing the interest of the creditors) nor need he exhibit such
document to any person other than a member of the com-
mittee of inspection.

188. The Official Receiver until a trustee is appointed,
and thereafter the trustee, shall keep a book to be called
the 'Cash Book' in which he shall (subject to the provisions
of these rules as to trading accounts) enter the receipts and
payments made by him.

189. The trustee shall submit the said record and cash
book, together with any other requisite books aId vouchers,
to the committee of inspection (if any) when required, and
not less than once every three months.

190. The committee of inspection shall not less than
once every three months audit the cash book and certify
therein under their hands the day on which the said book
was audited.

191. (1) Every trustee shall, at the expiration of six
months from the date of the receiving order and at the
expiration of every succeeding six months thereafter until
his release, transmit to the Official Receiver a copy of the
cash book in duplicate for such period, together with the
necessary vouchers and copies of the certificates of audit
by the committee of inspection. He shall also forward with
the first accounts a summary of the debtor's statement of
affairs, showing thereon in red ink the amounts realized,
and explaining the cause of the non-realization of such assets
as may be unrealized.

(2) When the estate has been fully realized and dis-
tributed or if the adjudication is annulled, the trustee shall
forthwith send in his accounts to the Official Receiver
although the six months may not have expired.

(3) The accounts sent in by the trustee shall be certified
and verified by him.

192. When the trustee's account has been audited the
Official Receiver shall certify that the account has been duly
passed and shall file the Same with- the- proceedings in this-
bankruptcy..





193. Where a trustee has not since the date of his
appointment or since the last audit of his accounts, as the
case may be, received or paid any sum of money on account
of the debtor's estate, he shall, at the period when he is re-
quired to transmit his estate account to the Official Receiver,
forward to the Official Receiver an affidavit of no receipts or
payments.

194. Upon a trustee resigning or being released or re-
moved from his office, he shall deliver over to the Official
Receiver or, as the case may be, to the new trustee all books
kept by him and all other books, papers, documents and
accounts in his possession relating to the office of trustee.

195. Where a receiving order has been made against
debtors in partnership distinct accounts shall be kept of the
joint estate and of the separate estate or estates, and no
transfer of a surplus from a separate estate to the oint estate
on the ground that there are no creditors under such separate
estate shall be made until notice of the intention to make such
transfer has been gazetted.

196. When property forming part of a debtor's estate is
sold by the trustee through an auctioneer or other agent, the
proceeds of the sale shall be paid over by such auctioneer
or agent after deducting the charges and expenses connected
with the sale.

197. In any case in which, under the provisions of
section 63 of the Ordinance, a trustee makes an allowance to
a bankrupt out of his property, such allowance, unless the
creditors b special resolution determine otherwise, shall be
in money and the amount allowed shall be duly entered in
the trustee's accounts.

Unclaimed funds.

198. An application under section 128 of the Ordinance
for payment out of the Bankruptcy Estates Account of any
sum to which any person claims to be entitled shall be made
in such form and manner as the Registrar may frorn time
to time direct and shall (unless the Registrar dispenses
therewith) be supported by the affidavit of the claimant and
such further evidence as the Registrar may require.





199. For the purposes of subsection (i) of section 128 Of
the Ordinance the court may at any time order the trustee
under any bankruptcy, composition or scheme to submit to it
an account verified by affidavit of the sums received and paid
by him under or in pursuance of any such bankruptcy, com-
position or scheme, and may direct and enforce an audit of
the account and payment of any unclaimed or undistributed
moneys arising from the property of the debtor in the hands
or under the control of such trustee into the Bankruptcy
Estates Account in accordance with the terms of the said
subsection.

PART V.

MISCELLANEOUS.

200. (1) Any person who knowingly falsifies or fraudu-
lently alters any document in or incidental to any
proceedings under the Ordinance or any rules thereunder
shall be deemed to be guilty of contempt of court and shall
be liable to be punished accordingly.

(2) The. penalty imposed by this rule shall be in
addition to and not in substitution for any other penalty,
punishment or proceeding to which such person may be
liable.

201. No person shall, as against the Official Receiver or
trustee, be entitled to withhold possession of the books of
account or of any document or paper belonging to the debtor
or to set up any lien thereon.

202. The court may, on the application of the Official
Receiver, direct that the debtor's books of account and other
documents given up by him may be sold, destroyed or other-
wise disposed of.

203. Non-compliance with any of these rules, or with
any rule of practice for the time being in force, shall not
render any proceeding void unless the court so directs, but
such proceeding may be set aside, either wholly or in part,
as irregular or amended or otherwise dealt with in such
manner and upon such terms as the court may think fit.






204. The court may, under special circumstances and for
good cause shown, extend or abridge the time appointed by
these rules or fixed by any order of the court for doing any
act or taking any proceeding.

205. When no other provision is made by the Ordinance
or any rules thereunder the law, procedure and practice in
bankruptcy matters. in force on the 31st day of December,
1931, shall, in so far as applicable, remain in force. And
save as provided by subsection (1) of section 99 of the
Ordinance and by these rules or rules amending them, the
Code of Civil Procedure shall not apply to any proceeding
in bankruptcy.

APPENDIX.

PART I-FORMS.

INDEX.
Form
Accounts:

Affidavit verifying trustee's account ... ... ... ... ... 146
Affidavit verifying trustee's trading account ... ... ... 149
Affidavit verifying special manager's account ... ... ... 151
Certificate of committee of inspection as to audit of
trusten's account ... ... ... ... ... ... ... ...145
Profit and loss account ... ... ... ... ... ... ... ... 148
Statement of accounts for creditors under section 88 ... 150
Trustee's trading account ... ... ... ... ... 147

Action:
Order restraining before receiving order ... ... ... ... 24

Adjudication..
Application for under section 18 .....75
Application for adjudication after resolution for bank-
ruptcy or by consent .... ... ... .... ... ... ... 76
Application for: no quorum at adjourned meeting ... .. 77
Application to annul ... ... ... ... ... ... 79
Order of . ...................... 78
Order annulling .................. ... ... --- ... ... . 80.
Resolutions where adjudication resolved on ... ... ... 36
Admission of debt by debtor of bankrupt ... 113

Advertisement:
Of day for proceeding with public examination ... ... 54
Of receiving order, etc . ... ... ... ... ... ... ... ... 27
Of day for hearing application for discharge ..: ... ... 82





Form.
Affirmation:
Form of ............................. ... ... ... ... 6

After-acquired property:
Affidavit by bankrupt as to ... ... ... ... ... ... ... 93

Allocatur:
For costs of debtor's petition ... ... ... ... ... ... 144

Bankruptcy notice:

On judgment or order of court .... ... ... 5
Affidavit of service ................ ... ... ... ... ... 7
Affidavit on application to set aside ... ... ... ... 8
Notice in newspapers of substituted service ... ... ... 15
Order setting aside ................. ... ... ... ... 9
Order for substituted service......... ... ... ... ... 16
Request for issue of ................ ... .... 4

Bond. on stay of proceedings:

Form ....................... ... ... .. ... 19
Affidavit of justification ... ... ... ... ... ... ... ... 21
Notice of sureties ................... ... ... ... ... 20

Book debts:

Register of assignment of ... ... ... 117

Committal:
Affidavit in support of application for committal of
debtor under. section 26 or 55 ... ... ... ... ... 96
Affidavit of non-compliance with order of court ... ... 104
Affidavit of person interested in composition for com-
mittal ............................ ... ... ... ... 95
Affidavit of trustee under section 53(5) ... ... ... ... 97
Application by trustee for committal of bankrupt or
other person .................. ... ... ... 94
Notice of application for committal under section 20 or
110 ....................... ... ... --- --- 98
Notice of application for committal under section 26 ... 99
Notice of application for committal under section 53(5) 100
Order of committal under section 20 or 110 ... ... 101
Order of committal under section 26 ... ... 102
Order of committal under section 53(5) ... ... 103
Order for discharge from custody ... ... ... ... ... 106
Order for production for examination of person in prison 107
Warrant of committal for contempt ... ... ... ... ... 105

Composition or scheme:
Affidavit in support of application for enforcement of
provisions ......................72
Application for enforcement of composition or scheme 71
Application to extend time for approving composition
or Scheme and order thereon 67
Certificate of approval of composition or scheme... 74





Form
Composition or Scheme-cont.
Notice to creditors of application to approve composition
or scheme ........................ 68
Notice to creditors of intention to pay composition 140
Notice to Official Receiver of application by debtor to
approve composition or scheme .... ... ... ... 69
Order for enforcement of provisions of composition or
scheme ........................ ... ... ... ... ... '17,3
Order on application to approve composition or scheme 70
Proposal for composition ......... ... ... ... ... 64
Proposal for scheme .............. ... ... ... ... ... 65
Report of Official Receiver on proposal for composition
or scheme ........................ ... ... ... ... 66

Debt:
Admission of debt ................ ... ... 113
Order to pay admitted debt ... ... ... ... ... ... ..'. 114

Deceased debtor:
Petition by creditor (section 112) ... ... 134
Petition by legal personal representative (section 112) 135
Order for administration of estate on petition ... ... 136

Declaration of inability to pay:
Declaration of inability to pay ..... ... ... ... ... 2

Directions:
Application for by trustee .......... ... ... ... 131
Order on application by trustee ... ... ... 132

Discharge:
Afridavit by debtor whose discharge has been granted
con(litionally as to after-acquired property ... ... 93
Application for .................. .. ... ... ... ... 81
Advertisement of date of hearing of application ... ... 82
Consent ol bankrupt to judgment ..... ... ... 91
Judgment ............................ 92
Notice to creditors of application ... ... ... ... ... 84
Notice to Official Receiver and trustee of application ... 83
Order of, unconditionally ... ... ... ... ... . ... ... 85
Order refusing -discharge .... ... ... - ... - ... ... ... 86
Order subject to conditions as to earnings. etc . ... 89
Order subject to consent to judgment ... ... ... ... 90
Order suspending discharge ... ... ... ... ... ... ... 87
Order where only fict proved is thatassets are not
equal to 50 per cent ... ... ...... ... ... ... 88

Disclaimer:
Without notice ...................... ... ... ... ... 125
Of lease after notice ............... ... .. ... ... 126
Of lease with leave of court ........ ... ... ... ... 127
Notice of disclaimer without leave of court ... 128
Notice of disclaimer with leave of court '... ... ... 129
Notice to landlord of intention to disclaim lease not
sublet or mortgaged ... ... ... ... ... ... ... ... . 123
Notice of intention to disclaim lease sublet or mortgaged 124
Notice by landlord or other person requiring truste to
bring disclaimer before court...... ... ... ... ... 130





Form
Dividend:

Application by creditor for order for trustee to pay and
order thereon ... ... ... ... ... ... ... ... 142
Notice to creditors of intention to declare ... ... ... 138
Notice to persons claiming to be creditors of intention
to declare final dividend ..... ... ... ... 139
Notice of dividend ............... ... ... ... ... 141

Examination:
Shorthand writer, appointment of..... ... ... 55
Shorthand Writer, declaration by .... ... 56
Summons under section 29.......... ... ... ... 112

Gazetting and publication in newspaper:
Substituted service of petition or bankruptcy notice ... 15
Transfer from separate estate to joint estate ... ... 154

Interim receiver:
Application for, order thereon....... ... ... ... 13

Issues of fact:
For trial by jury ................ ... ... 133

Letters, etc.:
Order for redirection (section 28) ... ... ... ... ... 111

Married women:
Notice of application to set aside income of separate
property notwithstanding restraint on anticipation ... 119
Order for payment to trustee of income from separate
property ........... .............. ... ... 122

Meetings:

First meeting:

Affidavit of postage of notices ... ... ... ... ... ... 33
Application for extension of time for holding and order
thereon ........................... ... ... ... ... 29
Certificate of postage of notices . ... ... ... ... 34
List of creditors assembled at ... ... ... ... ... 45
Memorandum of adjournment ........... ... ... ... 37
Memorandum of proceedings at adjourned first meeting:
no quorum 38
Notice to creditor where no offer of composition or
scheme ............................ ... ... ... ... 30
Notice to creditors where debtor submits offer ... ... 31
Notice to creditors of adjourned meeting ... ... ... ... 32
Notice to debtor to attend ... ... ... ... ... .... ... 35
Resolutions where adjudication resolved on ... ... ... 3G

Other meetings:
Affidavit of postage of notices ... ... ... ... ... ... 41
Certificate of postage of notices ... ... ... ... ... ... 42
List of creditors assembled at ... ... ... ... ... ... 45





Form
Meetings-cont.
Memorandum of adjournment 37
Notice (general form) 40
Notice of, to appoint new trustee ... ... ... ... 44
Notice to creditors of adjourned meeting ... ... ... ... 32
Notice to creditors where debtor submits offer for com-
position .................. ... ... 31
Notice to creditors to remove trustee and to fill vacancy .... 43
Order of court for general meeting of creditors ... 39

Petition:
Adjournment of ....................22
Affidavit of justification ... ... ... ... ... ... ... --- 21
Affidavit of service ..........--- 14
Affidavit of truth of statements in petition ... ... ... 11
Affidavit of truth of statements in joint petition ... ... 12
Allocatur for costs of debtor's petition ... ... ... ... 144
Bond on stay of proceedings, security, etc . ... ... 19
Creditor's petition .................... ... ... ... ... 10
Creditor's petition (section 112) ..... ... ... ... 134
Debtor's petition ..................... ... ... ... ... 3
Dismissal of .......................... ... 23
Legal personal representative's petition (section 112) ... 135
Notice by debtor of intention to oppose ... ... ... ... 17
Notice of sureties .................... ... ... ... ... 2b
Notice in newspaper of substituted service ... ... 15
Order for substituted service ... ... ... . ... ... ... 16
Order to stay proceedings on .......... ... ... 18

Postage of notices:
Affidavit of (first meeting) ... ... ... ... ... ... ... 33
Affidavit of, general ... ... ... ... ... ... ... ... _. 41
Certificate of (first meeting)......... ... ... ... ... 34
Certificate of, general................ ... ... 42

Proof:
Form of .............................. ... ... 46
Form of, for debt of workmen ... ... ... ... ... ... 48
Notice of rejection ................... ... ... ... 49
By trustee in prior bankruptcy ........ ... 47

Proxies:
General ............................... ... ... ... ... ... 50
Special ............................... ... ... ... ... ... 51

Public examination:

Application by Official Receiver for order fixin., . ... ... 52
Appointment of shorthand writer .... ... ... .55
Declaration by shorthand writer ....... ... ... 56
Memorandum of ......................... ... ... ... 62
Notes of shorthand writer if appointed ... ... ... ... 57
Notes where shorthand writer not appointed ... ... ... 58
Notice of day for proceeding with (local paper) 54
Order appointing 53
Order dispensing wit ... ... ... ... ... ... ... ... 60
Order as to examination of person suffering from mental
or physical affliction ... ... ... ... ... ... ... ... 61





ForM
Public examination-cont.
Order of adjournment ... ... ... ... ... ... ... ... 59
Order that examination concluded........ ... ... ... ... 63
Shorthand writer, appointment of........ ... ... ... ... 55
Shorthand writer, declaration by ....... ... ... ... ... 56
Receiving order:
Application to rescind ... ... ... ... ... ... ... ... 79
Notice of, etc., (for local paper).... ... ... ... ... 27
Order rescinding ... ... ... ... ... ... ... ... ... 80
Order on creditor's petition ... ... ... ... ... ... ... 26
Order on debtor's petition............ ... ... ... 25

Register:
Of assignment of book debts.......... ... ... ... ... 117

Release:
Application by trustee for ............ 153
Notice to creditors of intention to apply for ... ... 152
Statement to accompany notice to creditors ... ... 137
Request:
For issue of bankruptcy notice .......... ... ... ... 4
To deliver bill for taxation ............ ... ... 143
Salary or income:
Notice of application for payment to trustee of portion
of pay or salary (section 56) ... ... ... ... ... 118
Notice of application for payment to trustee of income
of married woman (section 57) ... ... ... ... 119
Order under section 56 (1) ... ... ... ... ... ... ... 120
Order under section 56 (2) ... ... ... ... ... ... ... 121
Order under section 57 ... ... ... ... ... ... ... ... 122

Scheme-see Composition or -scheme.
Shorthand writer:
Appointment of ... ... ... ... ... ... ... ... ... ... 55
Declaration by......................... ... ... ... ... ... 56

Special manager:
Affidavit by .......................... ... ... ... ... ... 151

Statement:
Of affairs ......... .................. ... ... ... ... ... 28
Of accounts under section 88........... ... ... ... ... 150
To accompany application for release ... ... ... ... 137

Subpcena:
Summons under section 29 ... ... ... ... ... ... ... 112

Taxation:
Allocatur, for costs of debtor's petition ... 144
Request to deliver bill for ... ... ... ... ... ... ... 143

Title:
General title................... ... ... ... ...





Form
Trial by jury:
Issues of fAct ...................... ... ... ... 133

Warrants:
Search warrant ................... 108
Against debtor about to quit the Colony ... ... ... 110
Of committal for contempt ... ... ... ... ... ... ... 105
Of seizure .......................... ... ... ... ... ... 109
To apprehend Person under section 29 ... ... ... ... 115
Order for production for examination of person appre-
hended under section 29 ... ... ... ... ... ... ... 116

FORMS.

FORm 1. [rule 7.]

GENERAL TITLE.

In the Supreme Court of Hong Kong.
In Bankruptcy.
No. of 19
Re [JAMES BROWN].
Ex parte [here insert the Debtor, or J.S., a Creditor, or the
Official Receiver, or the Trustee]

FORm 2. [s. 3 (1) (f); rule 42.]

DECLARATIONOF INABILITY TO PAY.
(Title.)
I, A.B. [name and description of debtor], residing at-
[and carrying on business at ], hereby declare that I
am unable to pay my debts.
Dated this day of 19
A.B.
Signed by the debtor in my presence.
Signature of witness.
Address.
Description.
Filed the day of 19

NOTE-Where the debtor resides at a place other than his place of business
both addresses should be inserted.





FORm 3. [s. 10; rule 49.]

DEBTOR'S PETITION.

(Title.)

I, A.B. [name and description of debtor], residing at
[and carrying on business at (a) and
being unable to pay my debts, hereby petition the court that a
receiving order be made in respect of my estate [and that I
may be adjudged bankrupt].

Dated this day of 19

A.B.

Signed by the debtor in my presence.

Signature of witness.

Address.

Description.

Filed the day of 19

NOTE-Where the debtor resides at a place other than his place of business
both addresses should be inserted.

FORm 4. [s. 4; rule 43.]

REQUEST FOR ISSUE OF BANKRUPTCY NOTICE.

(Title.)

1. I, , of
in the of
hereby request that a bankruptcy notice be issued by the court
against (a)

2. I produce a sealed copy of a final judgment or order
against the said
obtained by (b) in the Supreme Court
on the day of 19

3. Execution on the said judgment or order has not been
stayed.

Dated this day of 19

Judgment Creditor (c)

NOTE-Where the debtor resides at a place other than his place of business
both addresses should be inserted.





FORM 5. [s. 4; rule 43.]

BANKRUPTCY NOTICE ON JUDGMENT OR ORDER.

(Title.)
To A.B. [or A.B. & Co.] of
TAKE NOTICE that within [seven] days after service of this
notice on you excluding the day of such service you must pay to
of [or to
of his (or their) agent duly authorized] (a) the
sum of $ claimed by (b)as being the amount
due on a final judgment or order obtained by (c)
against you in the Supreme Court, dated whereon
execution has not been stayed, or you must secure or compound
for the said sum to (d)satisfaction [or the satisfaction
of his (or their) said agent] (a) or to the satisfaction of the court;
or you must satisfy the court that you have a counterclaim, set-off
or cross-demand against (c)
which equals or exceeds the sum claimed by (c)
and which you could not set up in the action or other proceedings
in which the judgment or order was obtained.

Dated this day of 19

Registrar.

INDORSEMENT ON NOTICE.

You are specially to note:
That the consequences of not complying with the requisitions
of this notice are that you will have committed an act of bank-
ruptcy, on which bankruptcy proceedings may be taken against
you.

If however, you have a counterclaim, set-off or cross-demand
which equals or exceeds the amount claimed by (e)
in respect of the judgment or order and which you could
not set up in the action or other proceedings in which the said
judgment or order was obtained, you must within days
apply to the court to set aside this notice, by filing with the
Registrar an affidavit to the above effect.

FORM 6.

FORm OF AFFIRMATION.

(Alternative form to be used tn cases where deponent is affirmed and not sworn
and form of jurat where affirmatinn has to be interpreted to deponent).
I of do solemnly and sincerely
affirm





Affirmed at the Courts of Justice, Hong Kong, this
day of 19 , the contents of this affirmation
having been first duly interpreted to the deponent
in the language by

Sworn Interpreter

Before me,

A Commissioner, etc.

FORM 7. [rule 47.]

AFFIDAVIT OF SERVICE OF BANKRUPTCY NOTICE.
(Title.)
In the matter of a bankruptcy notice, issued ........................
I, L.M., of make oath and say-
1. That I did on day the day of
19 serve the above-mentioned A.B. [or the
partners in the above-mentioned firm of1 with a copy
of the above-mentioned notice, duly sealed with the seal of the
court, by delivering the same personally to the said A.B. [or C.D.
a partner or E.F. a person having at the time of service the control
and management of the partnership business there or of the business
carried on under the above-mentioned name or style] at [place]
at in the noon.

2. A sealed copy of the said notice is hereunto annexed and
marked .....................

Sworn at, etc.
L.M.

NOTE-If the service is effected on a person having at the time of service
the control or management of the partnership business, the affidavit must, after
the description of the place of service, contain the words 'being the principal place
of business of the said

FORm 8. [rules 44, 45.]

AFFIDAVIT ON APPLICATION TO SET ASIDE BANKRUPTCY NOTICE.

(Title.)

1, A.B., of make oath and say-
1. That I was, on the day of served
with the notice hereunto annexed for describe the notice.]
That I have satisfied the debt claimed by C.D. by [state nature
of satisfaction].
or.





2.That I have a counterclaim [or set-off or cross-demand]
for $ being a sum equal to [or exceeding] the claim of the
said C.D. in respect of [here state grounds of counterclaim].
3. That I could not have set up the said counterclaim [or as
the case may be] in the action in which the said judgment or order
was obtained against me.

Sworn at, etc.

(Signature).

FORm 9. [rule 48.]

ORDER SETTING ASIDE BANKRUPTCY NOTICE.
(Title.)
In the matter of a bankruptcy notice issued ..................
Upon the application of AX. to set aside this notice, and upon
reading the affidavit of A.B. rand upon hearing ], it is
ordered that this notice be set aside, and that C.D. for as the case
may be] pay to A.B. the sum of $ for costs [or the costs of
this matter].

Dated this day of 19

Registrar.
or,
(Title.)
In the matter of a bankruptcy notice issued ..................

Upon the application of A.B. to set aside this notice and upon
reading and hearing , and upon the said
A.B. having entered into a bond in the penal sum of [the amount
of the alleged debt and probable costs or such other sum as the
court may direct], with such two sufficient sureties as the court
[or C.D.] has approved [or having deposited in court the sum of
$ ], as security for the amount claimed by the notice, the
condition the bond ror deposit] being (here insert condition], it
is ordered, etc.
Dated this day of 19

Registrar.

FORM 10. [ss. 6, 9; rule 55.]

CREDITOR'S PETITION.
(Title.)
I, C.D., of [or We, C.D., of and E.F., of
hereby petition the court that a receiving order may be made in
respect of the estate of (a) of (b) and
lately carrying on business at [or residing at] (c),
and say-





1. That the said A.B. is domiciled in the Colony [or has within
a year next preceding the presentation of this petition resided (or
carried on business) within the Colony or as the case may be, follow-
ing the terms of section 6].

2.That the said A.B. is justly and truly indebted to me [or us]
in the aggregate in the sum of $ [set out aviount of debt
or debts and the consideration].

3. That I [or we] do not, nor does any person on my [or our]
behalf hold any Security on the said debtor's estate, or on any part
thereof, for the payment of the said sum

or,

That I hold security for the payment of [or part of] the said
sum [but that I will give up such security for the benefit of the
creditors of A.B. in the event of his being adjudged bankrupt (or
and I estimate the value of such security at the sum of $

or,

That I, C.D., one of your petitioners, hold security for the
payment of, etc. $

That I, E.F., another of your petitioners, hold security for
the payment of, etc. $

4. That A.B. within three months before the date of the.
presentation of this petition has committed the following act [or
acts] of bankruptcy, namely [here set out the nature and date or
dates of the act or acts of bankruptcy relied on].

Dated this day of 19
-(Signed) C.D.

E.F.

Signed by the petitioner in
my presence.

Signature of witness.

Address.

Description.

NOTE-If there be more than one petitioner and they do not sign together,
the signature of each must be separately attested, e.g. 'Signed by the petitioner
E.F. in my presence.' If the petition be signed by a firm the partner signing
should add also his own signature, e,g. 'A.S. & Co. by J.S., a partner in the said
firm.' If the debtor resides at any place other than the place where he carries
on business both addresses should be inserted.

INDORSEMENT.

This petition having been presented to the court on the
day of 19 , it is ordered that this
petition shall be heard at on the day of
' 19 at o'clock in the noon.





And you, the said A.B., are to take notice that if you intend
to show cause against the petition you must file with the Official
Receiver a notice showing the grounds upon which you intend
to show cause, and post a copy of the notice to the petitioner or
his solicitor, in each case three days before the day on which the
petition is to be heard.

Registrar.

FORM 11. [s. 9; rule 55.]

AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION.

(Title.)

the petitioner named in the petition hereunto
annexed make oath and say-

That the several statements in the sail petition are within my
own knowledge true.

Sworn at, etc.

(Signature)

NOTE-If the petitioner cannot depose that the truth of all the several state-
ments in the petition is within his own knowledge he must set forth the statements
the truth of which he can depose to and file a further affidavit by some person or
persons who can depose to the truth of the remaining statements.

FORm 12. [s. 9; rule 55.]

AFFIDAVIT OF TRUTH OF STATEMENTS IN JOINT PETITION.

(Title.)

We, C.D., E.F., G.H., etc., the petitioners named in the petition
hereunto annexed, severally make oath and say-

And first I the said C.D. for myself say-

1. That A.B. is justly and truly indebted to me in the sum
of $ as stated in the said before-mentioned petition.

2. That the said A.B. committed the act [or acts] of
bankruptcy stated to have been committed by him in the said
before-mentioned petition.

3. That A.B. has within a year before the date of the
presentation of the petition ordinarily resided [or carried on
business] at





And I the said E.F. for myself say-
4.That A.B. is justly and truly indebted to me in the sum
of $ as stated in the said before-mentioned petition.
And I the said G.H. for myself say-
5. That A.B., is, etc.

C.D.
E.F.
G.H.
Sworn by the deponents C.D., E.F.,
and G.H., etc.
(See note to last form.)

FORM 13. [s. 13; rule 60.]

APPLICATION FOR INTERIM RECEIVER.
(Title.)
I, C.D., of do, on the grounds set forth in the
annexed affidavit, apply to the court to appoint the Official Receiver
as interim receiver of the property of the said A.B., and [here insert
any special directions to the receiver that may be desired].
Dated this day of 19

(Signed) C.D.

ORDER THEREON.
Upon reading this application and the affidavit therein referred
to, and hearing it is ordered that upon a deposit
of $100 being lodged by the applicant the Official Receiver be
thereupon constituted interim receiver of the property of the said
A.B., and [here insert directions, if any].
Nature and locality of property to be taken possession of ...........
Dated this day of 19

Registrar.

FORM 14. [rule 58.]

AFFIDAVIT OFSERVICE OF PETITION.
(Title.)
In the matter of a petition dated
I, L.M., of , make oath and say-

1. That I did, on day the day of 19
serve the above-mentioned A.B. [or the partners 'in the
above-mentioned firm of ] with a copy of the





above-inentioned petition, duly sealed with the seal of the court, by
delivering the same personally to the said A.B. [or C.D., a partner,
or E.F., a person having at the time of service. the control and
management of the partnership business there or of the business
carried on under the above-mentioned name or style] at* [place]
before the hour of in the noon.

2. A sealed copy of the said petition is hereunto annexed.

Sworn at, etc.

*NOTE-If the service is ejYected on a person having at the time of service
the control and management of the partnership business, the affidavit must, after
the description of the place of service, contain the words 'being the principal place
of business of the said . .'

FORM 15. [rule 47.]

SUBSTITUTED SERVICE OF PETITION OR BANKRUPTCY NOTICE.

NOTICE IN NEWSPAPER.

(Title.)

In the matterof a bankruptcy petition filed the day
of , 19 [or in the matter of a bankruptcy
notice issued on the day of , 19 ].

Take notice that a bankruptcy petition ha.3 been presented [or
a bankruptcy notice has been issued] against you by
of and the court has ordered
that the sending of a sealed copy of the petition [or bankruptcy
notice] together with a sealed copy of the order for substituted
service by registered post addressed to
and/or the publication of this notice in the
newspapers [following the terms of the order for substituted service]
shall be deemed to be service of the petition [or bankruptcy noticel
upon you; (a) and further take notice that the said petition will
be heard at the court on the day of at
o'clock in the noon, on which day you are
required to appear, and if you do not appear the court may make
a receiving order against you in your absence.

The petition [or bankruptcy notice] may be inspected by you
on application at the court.

Dated this day of 19

Registrar.

To A.B.





FORM 16. [rule 47.]

ORDER FOR SUBSTITUTED SERVICE OF A PETITION
OR BANKRUPTCY NOTICE.

(Title.)

In the matter of a bankruptcy petition filed the day
of [or In the matter of a bankruptcy notice issued
on the day of 19

Upon the application of and upon reading the
affidavit of of in the
of

It is ordered that the sending of a sealed copy of the above
mentioned petition [or bankruptcy notice] together with a sealed
copy of this order by registered post addressed to at
and/or by publication in the newspapers
of the presentation of such petition and the time and place fixed
for hearing the petition [or of the issuing of such bankruptcy
notice] shall be deemed to be good and sufficient service of the
said petition [or bankruptcy notice] on the said on
the day of completing such posting or publication as afore-
said.

Dated this day of 19

Registrar.

FORm 17. [rule 67.]

NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION.

(Title.)

In the matter of a bankruptcy petition presented against nic
on the day of , 19 , by C.D.
of [or and E.F. of G.H. of ' etc]

I, the above A.B., do hereby give you notice that I intend
to show cause against the petition and that I intend to dispute
the petitioning creditor's debt [or the act of bankruptcy, or to
contend that , or as the case may be.]

Dated this day of 19

To the Official Receiver, and to C.D. [petitioning creditor].





FORM 18. [rule 80.]

ORDER TO STAY PROCEEDINGS ON PETITION.
(Title.)

In the matter of a bankruptcy petition against A.B.

of
Upon the hearing of this petition this day, and the said A.B.
appearing and denying that he is indebted to the petitioner [where
petition presented by more than one creditor, add the name of the
creditor whose debt is denied] in the sum stated in the petition
[or alleging that he is indebted to the petitioner in a sum of a
less amount than three hundred dollars, or alleging that he is
indebted to C.D., one of the petitioners, in a sum less than the
sum stated to be due from him in the petition] it,is ordered that
the said A.B. shall within days enter into a bond in the
penal sum of [the amount of the alleged debt and probable costs,
or such other sum as the court may direct] with such two suffi-
cient sureties as the court shall approve to pay [or deposit with
the Registrar the sum of as security for the payment
of] such sum or sums as shall be recovered against the said
A.B. by C.D. the petitioner [or one of the petitioners] in any
proceeding taken or continued by him against the said A.B.,
together with such costs as shall be given by the court.
And it is further ordered that, upon the said A.B. entering
into the bond aforesaid, all proceedings on this petition shall be
stayed until after the court shall have come to a decision on
the proceedings.

Dated this day of 19

Registrar.

FORM 19. [rules 13, 80.]

BOND ON STAY OF PROCEEDINGS, SECURITY, ETC.
(Title )
Know all men by these presents, that we, A.B. of etc. and
C.D. of etc. and E.F. of etc. are jointly and severally held and
firmly bound to L.M. of etc. in dollars to be paid to
the said L.M., or his certain attorney, executors, administrators
or assigns, for which payment to be made we bind ourselves and
each and every of us, our and each of our heirs, executors and
administrators, jointly and severally, firmly by these presents.
Sealed with our seals, and dated this day of
one thousand nine hundred and
Whereas a bankruptcy petition against the said A.B. having
,been presented to the court he did apnear at the hearing of the
said petition and deny that he was indebted to the petitioner [or
to one or more of the petitioners], [or allege that he was indebted
to the petitioner in the sum of dollars only or as the case
may be].





Now, therefore, the condition of this obligation is such that
if the above-bounden A.B., or the said C.D. or E.F., shall on
demand well and truly pay or cause to be paid to L.M., his
attorney or agent, such sum or sums as shall be recovered against
the said A.B. by any proceedings taken or continued within twenty-
one days from the date hereof in any competent court by the said
L.M. for the payment of the debt claimed by him in the said
petition, together with such costs as shall be given to the said
L.M. by such court [or whatever the condition of the bond is]
this obligation shall be void, otherwise it shall remain in full force.

A.B. (L.S.)
C.D. (L.S.)
E.F. (L.S.)
Signed, sealed and delivered by the above-bounden in
the presence of

NOTE-If a deposit of money be made the memorandum should follow the
terms of the conditions of the bond. This form may be adapted to other cases.

FORm 20. [rule 18.]

NOTICE OF SURETIES.

(Title.)

In the matter of a bankruptcy petition [or In the matter of
a bankruptcy notice by C.D.] of

Take notice that the sureties whom I propose as my security
in the above matter [here state the proceeding which has rendered
the sureties necessary] are [here state the full names and descriptiong
of the sureties and their residences for the last six months, therein
mentioning the district or city, places, streets and numbers, if any].

Dated this day of 19

(Signature)
To the Registrar
and to L.M. of

FORm 21. [rule 19.]

AFFIDAVIT OF JUSTIFICATION.

(Title.)

In the matter of a bankruptcy petition against A.B. of
[or In the matter of a bankruptcy notice by LM, against
A.B. of ].

1, E.F., of , one of the sureties for make
oath and, say-





1. That I am a householder [or as the case may be], residing
[describing particularly the street or place and the
number of the house, if any].

2. That I am worth property to the amount of $
[the amount required] over and above what will pay my just debts
[if security in any other action or for any other purpose, add and
every other sum for which I arn now security].

3. That I am not ball or security in any other matter, action
or proceedings, or for any other person [or if security in any other
action or actions, add except for C.D., at the suit of E.F., in the
Supreme Court in the sum of $ ; for G.H., at the suit of
LK., in the Supreme Court in the sum of $ specifying
the several actions or matters, and courts, and the sums in which he
has become bound].

4.That my property, to the amount of the said sum of
$[and if security in any other action, etc. over and
above all other sums for which I am now security as aforesaid],
consist of [here specify the nature and value of the property in
respect of which the deponent proposes to become bondsman as
follows, stock in trade, in my business of carried on
by me at of the value of $of good book
debts owing to me to the amount of $of furniture in
my house at of the value of $ of leasehold
property of the value of $ . situate at , or of
other property, particularizing each description of property, with
the value thereof].

5. That I have for the last six months resided at
rdescribing the place of such residence, or if he has had more than
one residence during that period, state in the same nianner as above
directed].

Sworn at, etc.

E.F.

FORM 22.

ADJOURNMENT OF PETITION.

(Title.)

Upon the bearing of the petition this day, and hearing
for the petitioner and for the debtor and
the Official Receiver, and reading it is ordered that
the further hearing of this petition be adjourned until the
day of 19 at o'clock in the
noon.

Dated this day of 19

Registrar.





FORm 23. [rule 68.]

DISMISSAL OF PETITION.
(Title.)
In the matter of a bankruptcy petition filed the [date].
Upon the hearing of this petition this day, and upon reading
and hearing and the Official Receiver it is ordered
that this petition be dismissed [and that the petitioner do pay to
the said A.B. the taxed costs thereof].
Dated this day of 19

Registrar.

FORm 24.

ORDER RESTRAINING ACTION, ETC. BEFORE RECEIVING ORDER.
(Title.)
Upon the application of and upon reading
it is ordered that L.M. of shall be restrained from taking
any further proceedings in the action brought by him [or upon
the judgment recovered or obtained by him] against the said A.B.
in [here state the number of the action] [or it is ordered that
the proceedings in the action (or suit) brought by him against
the said A.B. in (here state the number of the action) may be
proceeded with on (here insert the terms fixed by the court)].
Dated this day of 19
Registrar.

FORm 25. [s. 5; rules 68, 74.]

RECEIVING ORDER ON DEBTOR'S PETITION.
(Title.)
On the petition of the debtor himself, filed the day
of , 19 , , a receiving order is hereby
made against A.B. [insert name, addresses and descriptions of debtor
as set out in petition], and the Official Receiver is hereby con-
stituted receiver of the estate of the said debtor.
Dated this day of 19

Registrar.

NOTE-The above-named debtor is required immediately after the service.of
this order upon bin& to attend the Official Receiver at his offices at the Courts of
Justice.
The Official Receiver's offices are open (except on holidays) every week-day
from 10 a.m. to 4 p.m., except Saturdays, when they close at 1 p.m.

INDORSEMENT ON ORDER.
The name and address of the solicitor (if any) to the debtor
are [insert name and address].





FORM 26. [s. 5; rules 68, 74.]

RECEIVING ORDER ON CREDITOR'S PETITION.

(Title.)

On the petition dated the day of 19
of J.S. of
a creditor, filed the [insert date], and on reading
and hearing and it
appearing to the court that the following act or acts of bankruptcy
has or have been committed, viz-

[Set out the nature and date or dates of the act or acts of
bankruptcy on which the order is made.]

A receiving order is hereby made against A.B.. [insert name,
addresses and descriptions of debtor as set out in petition] and
the Official Receiver is hereby constituted receiver of the estate of
the said debtor.

Dated this day of 19

Registrar.

NOTP-The above-named debtor is required, immediately after the service of
this order upon him, to attend the Official Receiver at his offices at the Courts of
Justice.
The Official Receiver's offices are open every week-day from 10 a.m. to 4 p.m.,
except Saturdays, when they close at 1 p.m.

INDORSEMENT ON ORDER.

The name and address of the solicitor to the petitioning creditor
are [insert name and address].

FORm 27.[ ss. 16. 22 (2), 78 (1) (f);
rule 78.]

NOTICE OF RECEIVING ORDER, ETC. (for local newspaper).

Receiving order made ................................................................
Date and place of first meeting ................................................
Date of public examination .......................................................
D ate of adjudication (if any) ......................................................

Note-All debts due to the estate should be paid to me.

Official Receiver.

Dated this day of , 19





FORm 28. [s. 18 (1);
rules 81, 150.]

STATEMENT OF AFFAIRS.

(Title.)
To the Debtor,
You are required to fill up, carefully.and accurately, this sheet
and such of the several sheets A, B, Q D, E, F, G, H, I, J, K,
L and M* as are applicable showing the state of your affairs
on the day on which the receiving order was made against you,
viz. the day of , 19 . Such sheets,
when filled up, will constitute your Statement of Affairs, and must
be verified by oath, declaration or affirmation.






I of
make oath and say that the above
statement and the several lists hereunto annexed marked
are, to the best of my knowledge and belief, a full, true and complete
statement of my affairs on the date of the above-mentioned receiving
order made against me.

Sworn at the Courts of Justice, Hong Kong, this
day of A
Before me,

A Commissioner etc.

(Signature)





Alternative form to be used where affirmation is made, and
statement of affairs has to be interpreted to deponent.

I of do solemnly and
sincerely affirm that the contents of this my statement of affairs and
of the several lists thereunto annexed and of my affirmation are to
the best of my knowledge and belief full, true and complete.

Affirmed at the Courts of Justice, Hong Kong, this
day of , 19 , the contents of this statement
of affairs and of the several lists hereunto annexed, and the
affirmation, having been first duly interpreted to the deponent
in the language by

Sworn Interpreter.

Before me,

A Commissioner etc.

(Signature)

A.

UNSECURED CREDITORS.

The names to be numbered consecutively, creditors for $1000
and upwards being placed first.



(Signature)

Dated this day of 19

NOTES--1. When. there is a contra account against the creditor less than
the amount of his claim against the estate, the amount of the creditor's claim and
the amount of the contra account should be shown in the third column and the
balance only inserted under the heading 'Amount of debt' thus-
$ c.
Total amount of claim
Less contraaccount............. ... ... ... ... ... ... ... ...

No such set-off should be included in sheet 'I.'

2. The particulars of any bills of exchange and promissory notes held by a
creditor should be inserted immediately below the name and address of such creditor.





B.
CREDITORS PULLY SECURED.


(Signature)
Dated this day. of 19

C.
CREDITORS PARTLY SECURED.


(Signature)

Dated this day of 19

D.
LIABILITIES OF DEBTOR on bills discounted other than
his own acceptances for value.


(Signature)

Dated this day of 19





CONTINGENT OR OTHER LIABILITIES.
.(FULL PARTICULARS of all liabilities not otherwise
scheduled to be given here.)



(Signature)
Dated this day of 19

F.
CREDITORS FOR RENT, ETC., RECOVERABLE BY DISTRESS.



(Signature)
Dated this day of 19


G.
PREFERENTIAL CREDITORS FOR RATES, TAXES, AND WAGES.


(Signature)
Dated this day of 19





H.
PPOPEPTY.
FULL PARTICULARS of every description of PROPERTY in possession and
in reversion as defined by section 2 of the Bankruptcy Ordinance
(Chapter 6 of the Revised Edition) not included in any other list,
are to be set forth in this list-
Estimated


Dated this day of
(Signature)

DEBTS DUE TO THE ESTATE.


Dated this day of 19
(Signature)
NOTE-If any debtor to the estate is also a creditor, but for a less amount
than his indebtedness, the gross amount due to the estate and the amount of the
contra account should be shown in the third column and the balance only inserted
under the heading 'Amount of debt' thus-
Due to estate ... ...... ... ... ... ... ... ... ... ... ... $
Less contra account... ... ... ... ... ... ... ... .... ... $

No such claim should be included in sheet 'A.'





J.

BILLS OF EXCHANGE, PROMISSORY NOTES, ETC., AVAILABLE
AS ASSETS.




Dated this day of 19
(Signature)

K.

DEFICIENCY (OR SURPLUS) ACCOUNT.




Dated this day of 19
(Signature)


IN SUBSTITUTION forSuch of the sheets named 'A' to 'J' as will
have to be returned blank.



Dated this day of 19.

(Signature)

M.
Particulars of all property held by or in name of wife (or of any
concubine.)



Dated this day of 19
. (Signature)





FORm 29. [rule 100.]

APPLICATION FOR EXTENSION OF TIME FOR HOLDING FIRST
MEETING AND ORDER THEREON.

(Title.)
Ex parte the Official Receiver.
the Official Receiver in the above matter,
apply to the court for an extension of time to the
day of , 19 , for holding the first meeting of
creditors, on the ground following (a)-
That the said debtor has not submitted a statement of and in
relation to his affairs in compliance with section 18 of the
Bankruptcy Ordinance (Chapter 6 of the Revised Edition).
or
That the said debtor has obtained an extension of time for
submitting a statement of and in relation to his affairs,
viz. to the day of 19
or
That the prescribed notice in the Gazette of the first meeting
of creditors in the above matter required by rule 2 of the
Meetings of Creditors Rules cannot be given in time for
holding the meeting within fourteen days from the date of
the receiving order.
or
That there may be sufficient time for the books of the debtor
to be examined and the statement of affairs investigated.
Dated this day of , 19

Official Receiver.

ORDER THEREON.

Upon the application of the Official Receiver it is ordered that
the time for holding the first meeting of creditors in the above
matter be extended to the day of , 19
Dated this day of 19
Registrar.

FORM 30. [s. 17; rule 101.]

NOTICE TO CREDITORS OF FIRST MEETING, WHERE THE DEBTOR HAS
NOT SUBMITTED A PROPOSAL FOR A COMPOSITION OR SCHEME.

(Title.)
(Under receiving order dated theday of 19
Notice is hereby given that the first meeting of creditors in
the above matter will be held at the Official Receiver's Office, Courts
of Justice, on the day of 19
at o'clock in the noon.





To entitle you to vote thereat your proof must be lodged with
me not later than twenty-four hours before the time appointed for
the meeting.

Proxies to be used at the meeting must be lodged with me not
later than twenty-four hours before the time appointed for the
meeting.

The public examination of the debtor is fixed for the
day of , 19 , at o'clock in the
noon, at the Courts of Justice.

Any creditor who has tendered a proof, or his representative
authorized in writing, may question the debtor on his public
examination concerning his affairs and the causes of his failure.

Dated this day of ' 19

Official Receiver.

(The debtor's statement of affairs (a)

NOTE-At the first meeting the creditors may amongst other things-
1. By ordinary resolution resolve. that the debtor be adjudged bankrupt, and
in that case they may also, by ordinary resolution, appoint a trustee.
2. By ordinary resolution appoint a committee of inspection from among the
creditors or the holders or intended holders of general proxies or general powers
of attorney for the creditors.
3. A form of proof and forms of general and special proxy are sent herewith.

FORM 31. [ss. 17, 25; rules 101, 102.]

NOTICE OF FIRST OR OTHER MEETING WHERE DEBTOR SUBMITS AN
OFFER OF COMPOSITION OR SCHEME.

(Title.)

(Under receiving. order, dated theday of 19

Notice is hereby given that the first [or a general] meeting of
the creditors of the above-named debtor will be held at the Official
Receiver's Office, Courts of Justice, on the day of
19 , at o'clock in the noon precisely.

Creditors qualified to vote at such meeting may, by a resolution
passed by a majority in number, and three-fourths in value, of all
the creditors who have proved their debts, accept the proposal made
by the debtor for a composition [or scheme], the terms of which
are set forth in the accompanying report, or any amendment of
such proposal which in the opinion of the Official Receiver is
calculated to benefit the general body of creditors.

Proofs of debt inteiided to be used at the meeting must be
lodgel with the Official Receiver not later than twenty-four hours
before the time appointed for the meeting.

Proxies to be used at the meeting must be lodged not later
than twenty-four hours before the time appointed for the meeting.





Creditors who prove their debts, and whose proofs are admitted,
and who do not vote on the debtor's proposal, will be reckoned as
voting against it.

The public examination ofthe debtor is fixed for tne
day of ,19 , at o'clock in tne
noon, at the Courts of Justice.

Any creditor who has tendered a proof, or his representative
authorized in writing, may question the debtor on his public
examination concerning his affairs and the causes of his failure.

Dated this day of 19

Official Receiver.

NOTES.
1. Creditors who have proved may vote for or against the acceptance of the
debtor's proposal by means of the voting letter attached to the Official Receiver's
report.

2. If the proposal be not accepted the meeting may, if the debtor has not
already been adjudged bankrupt, resolve on his adjudication, and in that case they
may also by ordinary. resolutions appoint a trustee and a committee of inspection.
3. A form of proof and forms of general and special proxy are sent herewith.

FORm 32. [s. 17; rule 102.]

NOTICE TO CREDITORS OF ADJOURNED MEETING.

(Title.)

Take notice that the meeting of creditors in the above matter
held on the day of at the Official Receiver's
Office was adjourned to the day of and will
accordingly be held at the Official Receiver's Office, Courts of
Justice, on the said day at o'clock in the noon.

Agenda.

[Insert here nature of business to be transacted.]

Dated this day of , 19

Official Receiver.

FORm 33.. [rule 105.]

AFFIDAVIT OF POSTAGE OF NOTICES. FIRST MEETING.

(Title.)

a clerk in the office of the Official Receiver,
make oath and say as follows- '

1. That I did, on the day of 19
send to each creditor mentioned in the debtor's statement Oi afrairs,
and to the above-named debtor, a notice of the time and the place of
the (a) first meeting of creditors.





2. That such notices were addressed to the said creditors
respectively, according to their respective names and addresses
appearing in the statement of affairs of the said debtor, and also
to the said debtor at
3. That the post office acknowledgment for the same is
hereunto annexed and marked 'A'.
Sworn at, etc.
(Signature)

FORm 34. [rule 105.]

CERTIFICATE OF POSTAGE OF NOTICES. FIRST MEETING.
(Title.)
1, a clerk in the office of the Official Receiver,
hereby certify-
1. That I did, on the day of 19
send to each creditor mentioned in the debtor's statement of affairs,
a notice of the time and place of the .(a) first meeting of creditors.
2. That such notices were addressed to the said creditors
respectively according to their respective names and addresses
appearing in the statement of affairs of the said debtor.
3. That the post office acknowledgment for the same is
hereunto annexed and marked 'A'.
4. That I did on the said day of
19 send by registered post notice of the time and place of
the said meeting to the said debtor, and that such notice was
sent to the following address-
Dated this day of 19

Clerk to the Official Receiver.

FORm 35. [rule 100.]

NOTICE TO DEBTOR TO ATTEND FIRST MEETING OF CREDITORS.
(Title.)
Take notice that the first meeting of your creditors will be
held on the day of , 19 , at
o'clock at the Official Receiver's Office, Courts of Justice, and that
you are required to attend thereat and submit to such examination
and give such information as the meeting may require. And
further, take notice that if you fail to comply with the require-
ments of this notice you will be guilty of a contempt of court
and may be punished accordingly.
Dated this day of 19
Official Receiver.
To
the above-named debtor.





FORm 36. [rule 100.]

RESOLUTIONS WHERE ADJUDICATION RESOLVED ON.

(Title.)

Minutes of resolutions come to and proceedings had at the
first meeting of creditors held at this day of
, 19 , Official Receiver, Chairman.
Resolved as follows [unanimously]-
That A.B. shall be adjudged bankrupt, and that the Official
Receiver do apply to the court to make the adjudication.
That G.H. of [residence and occupation] [or That the Official
Receiver] shall be the trustee of the property of the bankrupt.
That LK., L.M., N.O., P.Q. and R.S. be appointed the committee
of inspection in this bankruptcy, for the purpose of superintending
the administration of the property of the bankrupt by the trustee.
[Here add any other resolutions that may be come to as to the
manner of the administration of the property by the trustee, etc.]

Chairman.



NOTE-When a resolution is carried unanimously the creditors need not sign,
but when a division is taken all creditors and holders of proxies voting should sign.
The signatures must be attached at the ntecting. Resolutions should be put
separately.

FORM 37. [rule 107.]

MEMORANDUM OF ADJOURNMENT OF FIRST OR OTHER MEETING.

(Title.)

Meeting held at on the day of
19 , at o'clock.
Memorandum-The (a) meeting of creditors in
the above matter was held at the time and place above mentioned,
and the several proofs of debt lodged were produced; but it appear
ing that (b)the meeting was adjourned until the
day of 19 , at o'clock in the
noon, then to be held at the same place.

Chairman.





FORm 38.

MEMORANDUM OF PROCEEDINGS AT ADJOURNED FIRST MEETING
WHERE NO QUORUM.

(Title.)

Meeting held at on the day of
19 , at o'clock.

Memorandum-The adjourned meeting of creditors in the above
matter was held at the time and place above mentioned, and the
several proofs of debt lodged were produced; but it appearing
that there was not a quorum of creditors qualified to vote present
or represented no resolution was passed, and the meeting was not
further adjourned.

Chairman.

FORM 39. [s. 17; rules 10, 100.]

ORDER OF COURT FOR GENERAL MEETING OF CREDITORS.

(Title.)

Upon the application of C.D., of it is ordered that
the trustee of the property of the bankrupt [or the Official Receiver
do summon a meeting of the creditors of the bankrupt to be hell
at on the day of , 19 , at o'clock
in the noon [here state the purpose for which meeting
called].

Dated this day of 19

Registrar.

FORm 40. [rule 101.]

NOTICE OF MEETING (GENERAL FORM).

(Title.)

Take notice that a meeting of creditors in the above matter
will be held at on the day of
19 , at o'clock in the noon(Forms of general and special proxy are inclosed herewith.)
Agenda.

Dated this day of 19

(Signed (a)





FORm 41. [rule 105.1

AFFIDAVIT Or POSTAGE OF NOTICES (GENERAL).
(Title.)

the trustee [or clerk to the trustee, as the case may be] in the above
matter, make oath and say as follows-
1. That I did on the day of 19
send to each creditor who has proved in this matter, and also to
all creditors mentioned in the debtor's statement of affairs, a notice
of (a)
2. That such notices were addressed to such of the said
creditors who have proved their debts according to the addresses
in their respective proofs, and to such as have not proved, according
to their respective names and addresses appearing in the statement
of atrairs of the said debtor.
3. That the post office acknowledgment for the same is
hereunto annexed and marked 'A'.
Sworn at, etc.
(Signature).

FORm 42. [rule 105.]

CERTIFICATE OF POSTAGE OF NOTICES (GENERAL).

(Title.)

a clerk in the office of the Official Receiver, hereby certify-
1. That I did on the day of , 19 ,
send to each creditor who has proved in this matter, and also to
all creditors mentioned in the debtor's statement of affairs, a notice
of (a)
2. That such notices were addressed to such of the said
creditors who have proved their debts according to the addresses
in their respective proofs, and to such as have not proved, according
to their respective names and addresses appearing in the statement
of afrairs of the said debtor.
3. That the post office acknowledgment for the same is
hereunto annexed and marked 'A'.
Dated this day of 19
Clerk to the Official Receiver.

FORm 43. [rule 102.]

NOTICE TO CREDITORS Or MEETING TO REMOVE TRUSTEE AND
TO APPOINT A PERSON TO FILL THE VACANCY.
(Title.)
At the request of one-fourth in value of the creditors of the
bankrupt a general meeting of the creditors is hereby summoned
to be held at on the day of 19





at o'clock in the noon for the purpose, of considering
the propriety of removing G.H., the trustee of the property of the
bankrupt, from his office as such trustee, and in the eve~i of his
removal to appoint a person to fill the vacancy.

Dated this day of 19

L.M.,

A member of the Committee of Inspection
[or Official Receiver].

FORm 44. [rule 102.]

NOTICE OF MEETING TO BE HELD TO APPOINT NEW TRUSTEE.

(Title.)
I, C.D., Official Receiver, hereby give you notice that a meeting
of creditors will be held at on the day of ,
19 , at o'clock in the noon, for the purpose of
appointing a trustee in the place of the late trustee, who has resigned
the office [or who has died or against whom a receiving order has
been made].

Dated this day of 19

Official Receiver.

FORm 45. [s. 17.]

LIST OF CREDITORS ASSEMBLED. To BE USED AT EVERY MEETING.
(Except a meeting at which a scheme or composition has been
considered.)
(Title.)
Meeting held at this day of
19






FORm 46. [rule 109.]

PROOF OF DEBT. GENERAL FORM.

(Title.)

No. (a) of 19
Re (a)


I (b)

of make
oath and say-

(c) That I am in the employ of the under-mentioned
creditor, and that I am duly authorized by
to make this affidavit, and that it is within my own know-
ledge that the debt hereinafter deponed to was incurred,
If made by clerk
and for the consideration stated, and that such debt, to
the best of my knowledge and belief, still remains unpaid
If by clerk or
and unsatisfied.


(d) That I am duly authorized, under the seal of

the company hereinafter named, to make the proof of
debt on its behalf.


That the said W at the date of the
>,
receiving order, viz., the day of
Debt $
and still justly and truly indebted to (e)
in the sum of
dollars and
cents for (f) as shown
account indorsed hereon
by the* for
account hereto annexed, marked NOTE THIS.
which sum or any part thereof I say that I have not nor

hath (g) or any person by (h) order

to iny knowledge or belief for (h)use had

or received any manner of satisfaction or security what-
soever, save and except the following (i)-

Adrnitted to vote for


$


the day

of 19







Official Receiver.






PARTICULARS OF ACCOUNT REFERRED TO ON OTHER SIDE.
(Credit should be given for contra accounts.)

If space is not sufficient, let the particulars be annexed, but
where the particulars are on a separate sheet of paper the same
must be marked by the person before whom the affidavit is sworn,
thus-

IN BANKRUPTCYT.- This is the account marked with the letter
'A' referred to in the annexed proof of the debt made by
in re

Sworn before me this day of 19

A Commissioner, etc.




(Signature of Deponent)





FoRm 47. [rule 109.]

PROOF BY TRUSTEE IN PRIOR BANKRUPTCY.

(Title.)
I, , of , make
oath 1, and say-
1. The said was adjudicated a bankrupt
on , 19 , and I am the trustee under such
bankruptcy.

2.There was at the date of the receiving [or administration]
order herein, namely, the day of ' 19 , and
still is an unsatisfied balance of the debts provable in the aforesaid
bankruptcy, of which 1 am trustee, amounting to $ as shown
in the statement indorsed hereon [or annexed hereto and marked 'A'].

3. I claim to prove in the present bankruptcy for the said
amount.

Sworn, etc.,

Before me,

Admitted to vote for $
the day of
19

Official Receiver
or Trustee.

Admitted to rank for dividend
for $ this
day of ' 19

Official Receiver
or Trustee.

FORm 48. [rule 110.]

PROOF OF DEBT OF WORKMEN.

(Title.)

I (a) of'

(b)

make oath and say- $
1.That (c) W at the
date of the receiving order, viz. the day of 19 ,
and still justly and truly indebted to the several persons
whose names, addresses and descriptions appear in the schedule
indorsed hereon in sums severally set against their names in the
sixth column of such schedule for wages due to them respectively





as workmen or others in (d) in respect
(f services rendered by them respectively to (e)
during such periods before the date of the receiving order as are
set out against their respective names in the fifth column of such
schedule, for which said sums, or any part thereof, I say that
they have not, nor hath any of them, had or received any manner
of satisfaction or security whatsoever.

Sworn, etc.,

(Signature)

Schedule referred to on the other side.




Fonm 49. [rules 114, 115.]

NOTICE OF REJECTION OF PROOF OF DEBT.

(Title.)

Take notice, that, as Official Receiver [or trustee] of the above
estate, I have this day rejected your claim against such estate .(a)
[to the extent of $ ] on the following grounds-

And further take notice that if you are dissatisfied with my
decision in respect of your proof you may apply to the court to
reverse or vary the same, but subject to the power of the court
to extend the time, no application to reverse or vary my. decision
in rejecting your proof will be entertained after the expiration of
(b) days from this date.
Dated this day of 19

Official Receiver
or Trustee.

To





FORm 50. [s. 78 (1) (d); rule 119.]

GENERAL PROXY.

. (Title.)

I, (a) of a creditor, hereby appoint (b)
to be (c) general proxy in the above matter
[excepting as to the receipt of dividend (d)].

Dated this day of 19

(Signed) (e)

(Signature of witness)

(Address)

NOTES.

1. When the creditor desires that his general proxy should receive dividends
he should strike out the words, 'excepting as to the receipt of dividend', putting
his initials thereto (f).
2. The authorized agent of a corporation may fill up blanks, and sign for the
corporation thus-

For the Company, Limited.
J.S. (duly authorized under the seal of the company).

3. A proxy given by a creditor may be filled up and signed by any person
in the employ of the creditor having a general authority in writing to sign for
such creditor. Such person shall sign-

J.S. (duly authorized by a general authority in writing
to sign on behalf [name of creditor]) (g).

Certificate to be signed by person other than creditor filling up
the above proxy. .

I, of , being a [here state whether clerk
or manager in the regular employment of the creditor or a commis
sioner to administer oaths in the Supreme Court], hereby certify
that all insertions in the above proxy are in my own handwriting,
and have been made by me at the request of the above-named
and in his presence, before he attached his signature
[or mark] hereto.

Dated this day of 19

(Signature)

The proxy must be lodged with the Official Receiver or trustee
not later than twenty-four hours before the time appointed for
the meeting at which it is to be used.





FORm 51. [s. 78 (1) (d); rule 119.]

SPECIAL PROXY.

(Title.)

(a) of , creditor, hereby appoint (b)
as (c) proxy at the meeting of creditors to be
held on the day of 19 or at any
adjournment thereof, to vote (d)

Dated this day of 19

(Signed) (e)

(Signature of witness)

(Address)

NOTES.

1. A creditor may give a special proxy to any person to vote at any 8pecified
meeting or adjournment thereof on all or any of the following matters---
(a)for or against any specific Proposal for a composition or scheme of
arrangement;
b)for or against the appointment of any specified person as trustee or as
member of the committee of inspection, or for or against the continuance
in office of any specified person, as trustee or member of a committee of
inspection;
(c) on all questions relating to any matter, other than those above referred to,
arising at any specified meeting or adjournment thereof.

2. The authorized agent of a corporation may fill up blanks, and sign for the
corporation thus-

For the Company, Limited.

J.S. (duly authorized under the seal of the company).

3. A prozy given by a creditor may be filled up and signed by any person
in the employ of the creditor having a general authority in writing to sign for
such creditor. Such Person shall sign-

J.S.(duly authorized by a general authority in writing
to sign on behalf of [name of creditor) (f).

Certificate to be signed by person other than creditor filling up
the above proxy.

I, of , being a [here state whether clerk
or manager in the regular employment of the creditor or a commis
sioner to administer oaths in the Supreme Court], hereby certify
that all insertions in the above proxy are in my own handwriting,
and have been made by me at the request of the above-named
and in his presence before he attached his signature
[or mark] thereto.

Dated this day of 19

(Signature)

The proxy must be lodged with the Official Receiver or trustee
not later than twenty-four hours before the time appointed for the
meeting at which it is to be used.





FoRm 52. [s. 19.]

APPLICATION BY THE OFFICIAL RECEIVER FOR AN ORDER
APPOINTING A,SITTING FOR THE PUBLIC EXAMINATION
OF THE DEBTOR.

(Title.)
A receiving order having been made in the above matter,
application is hereby made to the court by the Official Receiver for
an order appointing the day of at
or such other time and place as the court shall direct for holding the
public examination of the debtor, and that the debtor do attend such
public examination.
Dated this day of 19

Official Receiver.

FORM 53. [s. 19.]

ORDER APPOINTING A TIME FOR THE PUBLIC EXAMINATION
OF THE DEBTOR.

(Title.)
Upon the application of the Official Receiver in the above matter,
it is ordered that the public examination of the above-named debtor
be held at the Supreme Court, on the day of at
o'clock in the noon.
And it is ordered that the above-named debtor do attend at the
place and time above mentioned.
Dated this day of 19

Registrar.

NOTE-Notice is hereby given that if you, the above-wamed debtor, fail,
without reasonable excuse, to attend at the time and place aforesaid you will be
liable to be committed to prison without further notice.

FoRm 54. [s. 19; rule 86.]

NOTICE OF DAY FOR PROCEEDING WITH PUBLIC EXAMINATION
(FOR LOCAL PAPER OR Gazette).
(Title.)
Notice is hereby given that the court has appointed day.
the day of ' 19 ' at o'clock in
the noon, for proceeding with the public examination of the
above-named debtor, which, on the day of
19 , was adjourned sine die.
Dated this day of 19

Official Receiver.





FORM 55. [s. 19; rule 23.]

APPOINTMENT OF SHORTHAND WRITER TO TAKE EXAMINATION
OF DEBTOR.
(Title.)
Upon the application of the Official Receiver the
court hereby, Pursuant to rule 23 of the Bankruptcy Rules, appoints,
of to take the examination of the said
at his public examination this day.
Dated this day of 19
Registrar.

FORM 56. [s. 19; rule 23.]

DECLARATION BY SHORTHAND WRITER.

Of the shorthand writer
appointed by the court to take down the examination of the said
, do solemnly and sincerely declare that I will
truly and faithfully take down the questions and answers put to
and given by the saidin this matter, and will
deliver true and faithful transcripts thereof as the court may direct.
Dated this day of 19Declared before me at the time and place
above-mentioned.
A Commissioner.

FORM 57. [s. 19; rule 23.]

NOTES OF PUBLIC EXAMINATION OF DEBTOR WHERE A
SHORTHAND WRITER IS APPOINTED.
(Title.)
Public examination of the debtor held this jay
of , 19
The above-named debtor, being sworn and examined at the time
and place above-Mentioned, upon the several questions following
being put to him, gave the several answers thereto respectively
following each question, that is to say-
A.
This is a transcript of the notes of the public examination
of , held this day of , 19
Shorthand writer duly appointed under rule 23,
or
Shorthand writer attached to the Official Receiver's Office.





FORm 58. [s. 19; rule 23.]

NOTES OF PUBLIC EXAMINATION OF DEBTOR WHERE
SHORTHAND WRITER IS NOT APPOINTED.
Public examination of the debtor held this day
of , 19
The above-named debtor being sworn and examined at the tinie
and place above-mentioned, upon his oath saith as follows-
A.
These are the notes of the examination of held
this day of , 19
Clerk to the Chief Justice.

FORM 59. [s. 19.]

ORDER OF ADJOURNMENT OF PUBLIC EXAMINATION.
(Title.)
This being the day appointed for the (a) public
examination of the above-named and the said
having submitted himself for such examination; now
upon hearing the Official Receiver, and upon hearing
and it appearing that

It is ordered that the said public examination be adjourned to
the day of ' 19 , at
in the noon.And it is further ordered that the
said do attend at the court on the said day
of 19, for the purpose of being further examined
as to his conduct, dealings, and property. And it is further ordered
that the said
Dated this day of 19

Registrar.

FORM 60. [s. 19; rule 87.]

ORDER DISPENSING WITH PUBLIC EXAMINATION OF DEBTOR.
(Title.)
Upon the application of the Official Receiver [or of (a)
of ] in the above matter, and upon
reading and upon hearing and it
appearing to the court that the debtor is (b) ' it is
ordered that the public examination of the debtor be dispensed with.
Dated this day of 19

Registrar.





FORm 61. [s. 19; rule 87.]
ORDERAS TO EXAMINATION OF DEBTOR WHO IS SUFFERING PROM
MENTAL OR PHYSICAL AFFLICTION OR DISABILITY.

Upon the application of the Official Receiver [or of (a)
] in the above matter, and upon
reading , and upon hearing , and it
appearing to the court that the debtor is suffering from physical
disability which makes him unfit to attend a public examination in
court [or as the case may be] it is ordered that instead of a public
examination of the debtor (b) the debtor be examined on oath
at (c) before the. Registrar
on the day of , 19
at o'clock or such other time as having regard to the
condition of the debtor may be convenient, and that the Official
Receiver and trustee and (d) be at liberty to
attend such examination and take part therein.

Dated this day of 19

Registrar.

FORm 62. [s. 19 (8).]

MEMORANDUM OF PUBLIC EXAMINATION OF DEBTOR.

Memorandum.-That 1,
the above-named debtor, being sworn and examined upon my oath
say that the notes of my public examination marked 'A', and
appended hereto, were read over by or to me and are correct.

And I further say that, at the time of this my examination,
I have delivered up to the Official Receiver or the trustee of my
estate, all property, estate and effects, and all books, papers and
writings relating thereto.

And I further say that I have made a full disclosure of all
my assets and of all my debts and liabilities of whatever kind, and
that I have not removed, concealed, embezzled or destroyed any part
of my estate, real or personal, nor any books of account, papers or
writings relating thereto, with an intent to defraud my creditor5 or
to conceal the state of my affairs.

[Here insert any special matter.]

Dated this day of 19

Debtor.





FORm 63. [s. 19.]

ORDER OF COURT THAT EXAMINATION IS CONCLUDED.

Whereas the above-named A.B. has duly attended before the
court and has been publicly examined as to his conduct, dealings
and property;

And whereas the court is of opinion that the alTairs of the said
A.B. have been sufficiently investigated, it is hereby ordered that
the examination of the safd A.B. is concluded.

Dated this day of 19

Registrar.

FoRm 64. [ss. 20, 25.]

PROPOSAL FOR A COMPOSITION.

Title.)

the above-named debtor,
hereby submit the following proposal for a composition in satisfaction
of my debts-

1. That payment in priority to all other of my debts of all
debts directed to be so paid in the distribution of the property of a
bankrupt shall be provided for as follows-

[Set out terms of proposal so far as relate to preferential claims.]

2. That provision for payment of all the proper costs, charges
and expenses of and incidental to the proceedings, and all fees and
percentages payable to the Official Receiver and the court, shall be
made in the following manner-

[Set out proposal for provisions for fees, charges, costs, etc.]

3. That the following composition shall be paid as hereinafter
mentioned on all provable debts-

[Set out terms of composition.]

4. That the payment of the composition be secured in the
following manner-

[Set out full names and addresses of sitreties (if any) and
complete particulars of all securities intended to be given.]

Dated this day of 19

(Signed) (a)





FORM 65. [ss. 20, 25.]

PROPOSAL FOR A SCHEME.
(Title.)
the above-named debtor, hereby
submit the following proposal for a scheme of arrangement of my
affairs in satisfaction of my debts.
1. That-
[Set out terms of scheme.]
2. That payment in priority to all other of my debts of all
debts directed to be so paid in the distribution of the property of
a bankrupt is provided for as follows-
[Set out or indicate by reference to the scheme how it is
proposed to satisfy preferential claims.]
3. That provision for payment of all the proper costs,
charges and expenses of and incidental to the proceedings, and
all fees and percentages payable to the Official Receiver and the-
court, is provided for as follows-
[Set out or indicate by reference to the scheme how it is
proposed to provide for fees, costs, charges, etc.]
[Set out any other terms.]
Dated this day of 19

.(Signed) (a)

FORm 66. [ss. 20, 25.]

REPORT OF OFFICIAL RECEIVER TO CREDITORS ON PROPOSAL FOR
COMPOSITION OR SCHEME.
(Title.) .
The Official Receiver hereby reports-
That the debtor has lodged with him a proposal for a
composition [or scheme] to be submitted to the creditors, of which
the following is a copy-
[Here set out fully the terms of proposal.]
That the liabilities as shown by the debtor's statement of affairs
amount to the sum ofand the assets are estimated
by the debtor at the sum ofafter payment of preferential
debts.
That the value of the assets is fairly estimated by the debtor
[or as the case may be].
That the terms of the debtor's proposal [set out particulars of
proposal and observations on the proposal and the debtor's conduct.]
Dated this day of 19

Official Receiver.





FORM 67.

APPLICATION TO EXTEND TIME FOR APPROVING A COMPOSITION OR
SCHEME AND ORDER THEREON.

(Title.)

Ex parte the Official Receiver.
The Official Receiver reports to the court-
That a (a) was on the day of
19 , duly lodged by the debtor in the above matter.
That the public examination of the debtor was concluded on
the day of 19

That (b) in
time to allow of the approval of the said (a)
within fourteen days after the conclusion of the examination of the
debtor as required by section 22 of the Bankruptcy Ordinance
(Chapter 6 of the Revised Edition).

Under these circumstances, application is made for an extension
of time to the day of 19 for obtaining
such approval.
Dated this day of 19

Offici al Receiver.

ORDER.

Upon reading the above report of the Official Receiver, and
hearing , it is ordered that the time for
obtainIng the approval of the said(a) in the above
matter be extended to the day of 19
Dated this day of 19,

Registrar.

FoRm 68. [s. 20 (5).]

NOTICE TO CREDITORS OF APPLICATION TO COURT TO APPROVE
COMPOSITION OR SCHEME OF ARRANGEMENT.

(Title.)

Take notice that application will be made to the court, on
the day of ' 19 , at
o'clock in the noon to approve the composition [or
scheme of arrangement] as proposed by the said debtor and duly
accepted by the statutory majority of the creditors at a meeting
held on the day of 19

Dated this day of 19

Official Receiver.





FoRm 69.

NOTICE TO OFFICIAL RECEIVER OF APPLICATION TO COURT BY
DEBTOR TO APPROVE COMPOSITION OR SCHEME.

(Title.)
Take notice that application will be made to the court on
the day of , 19 , at o'clock in
the noon, to approve the composition [or scheme]
accepted on the day of , 19 , by the
statutory majority ofcreditors.
Dated this day of , 19

Debtor.

Fonm 70. [s. 20 (12);
rule 12.]

ORDER ON APPLICATION TO APPROVE COMPOSITION OR SCHEME.

(Title.)
On the application of and on reading
the report of the Official Receiver filed on thh day
of , and hearing the Official Receiver and
and the court being satisfied that the creditors
in the above matter have duly accepted a composition [or scheme]
in the following terms, namely [here insert terms if short; if not,
insert in the terms contained in the paper writing marked 'A',
annexed hereto]* and being satisfied that the said terms are
reasonable and calculated to benefit the general body of creditorst
and that the case is not one in which the court would be required,
if the debtor were adjudged bankrupt, to refuse an order of
discharge.
[and as the case may be.]
And being satisfied-
(a) that no facts have been proved which would justify the
court in nefusing, qualifying or suspending an order of discharge;
or
(b) that facts have been proved which would justify the court
in refusing, qualifying or suspending an order of discharge, but
that having regard to the nature of such facts, and the composition
[or scheme] providing reasonable security for payment of not less
than twentv-five per cent on all the,unsecured debts provable against
the debtor's estate, the said composition [or scheme] is hereby
approved, and it is ordered-
(a) That the receiving order made against the said
on the day of 19 be and the same
is hereby discharged,
or
(b) That the order of adjudication made against the said
on the day of 19 be and
the same is hereby annulled.





or after*

and being satisfied that the said terms are not reasonable or
calculated to benefit the general body of creditors
and [or aftert and being satisfied]
(a) that the case is one in which the court would be required,
if the debtor were adjudged bankrupt, to refuse his discharge;
or
(b) that facts have been proved which would, under the
Ordinance, justify the court in refusing, qualifying or suspending
the debtor's discharge.
The court doth refuse to approve the said composition [or
scheme].
Dated this day of 19

Registrar.

FORM 71. [s. 20 (15).]

APPLICATION FOR ENFORCEMENT OF PROVISION IN A COMPOSITION
OR SCHEME.
(Title.)
In a matter of a composition [or scheme of arrangement]
made by A.B., of
I, L.M., of , do apply to this court for an order
for the enforcement of the provisions of the said composition [or
scheme of arrangement] against on the
grounds set forth in the annexed affidavit.
Dated this day of 19
L.M.

FORm 72. [s. 20 (15).]

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENFORCEMENT OF
PROVISIONS OF A COMPOSITION OR SCHEME.
(Title.)
In the matter of a composition [or scheme of arrangement]
made by A.B., of
I, L.M., of rnake oath and say-
1. That I am interested in the said composition [or scheme
of arrangement], having proved my debt as a creditor of the said
A.B. [or as the case may be].
2. That [one] of the provisions of the said composition [or
scheme of arrangement] is [or are] that [here set it or them out].
3. That has failed to comply with the said
provision [or as the case may be].
Sworn at, etc.
L.M.





FORm 73. [s. 20 (15).]

ORDER FOR ENFORCEMENT OF PROVISION IN A COMPOSITION
OR SCHEME.

(Title.)

Inthe matter of a composition [or scheme of arrangement]
made by A.B., of

Upon the application of L.M., of and reading
[here insert evidence], and upon hearing , the court
being of opinion that the provisions of the said composition [or
scheme of arrangement] mentioned in the 'said affidavit should be
enforced, it is ordered that [here insert order].

Dated this day of 19

Registrar.

To

Take notice that unless you obey the directions contained in
this order, you will be deemed to have committed a contempt of
court.

FORM 74.

CERTIFICATE OF APPROVAL Or COMPOSITION OR SCHEME.

(Title.)

I hereby certify that a composition [or scheme of arrangement]
between A.B., of , the above-named
debtor, and his creditors was duly approved by the court on
the day of 19

Dated this day of ' 19

Official Receiver.

FORm 75. [s. 18 (3).]

APPLICATION FOR ADJUDICATION UNDER SECTION 18.

(Title.)

The Official Receiver hereby reports to the court-

That a receiving order was made against the above-named
debtor on the day of , 19





That the act of bankruptcy on which the petition was founded
was the allegation that the debtor had within three months before
the date of the presentation of the petition

That from inquiries made since the receiving order, the state
ment that the said debtor had appears to have been
well founded, and the present place of residence of the debtor
has not been ascertained.

That the debtor has failed to attend at the office of the Official
Receiver to be examined in respect of his property and creditors,
and to give necessary information relative to his estate, affairs,
conduct and dealings, and to receive instructions as to the pre-
paration of a statement of and in relation to his affairs in
accordance with the notice (a copy of which is hereto annexed)
sent by post addressed to as aforesaid.

That the debtor has not submitted a statement of and in relation
to his affairs in pursuance of section 18 of the Ordinance.

The Official Receiver accordingly, in pursuance of the provisions
of section 18 of the Bankruptcy Ordinance (Chapter 6 of the Revised
Edition) makes application to the court to adjudge the said debtor
bankrupt.

Dated this day of 19

Official Receiver.

FoRm 76. [s. 22.]

APPLICATION FOR ADJUDICATION AFTER RESOLUTION FOR
BANKRUPTCY OR BY CONSENT.

(Title.)

The Official Receiver reports to the court-

That at the first meeting of the creditors of the said debtor
held at on the day of
19 , the following resolution was passed-

'That , the above-named debtor, shall be
adjudged bankrupt, and that the Official Receiver do apply to the
court to make the adjudication'; [and (or, or)
that the debtor has, in writing, consented to be adjudged bankrupt].

The Official Receiver accordingly, in pursuance of the provisions
of section 22 of. the Bankruptcy Ordinance (Chapter 6 of the Revised
Edition) makes application to the court to adjudge the said debtor,
bankrupt.

Dated this day of 19

Official Receiver.





FoRm 77. [s. 22.]

APPLICATION FOR ADJUDICATION WHERE NO QUORUM
AT ADJOURNED MEETING.

(Title.)
The Official Receiver reports to the court-
That a receiving order was made against the above-named
debtor on the day of , 19
That the first meeting of creditors was duly summoned to be
held at on the day of ' 19
That creditors qualified to vote not being present or represented
thereat to form a quorum, the said meeting was adjourned to the
day of ' 19

That at such adjourned meeting creditors qualified to vote not
being present or represented to form a quorum no resolution was
passed.
That (a)
The Official Recehrer accordingly, in pursuance of section 22 of
the Bankruptcy Ordinance (Chapter 6 of the Revised Edition) makes
application to the court to adjudge the said debtor,
bankrupt.
Dated this day of 19

Official Receiver.

FORm 78, [s. 22; rule 12.]

ORDER OF ADJUDICATION.
(Title.)
Pursuant to a petition, datedagainst [here
insert name, description and address of debtor] on which a receiving
order was made, on the [date], and on the application of the Official
Receiver, and on reading and hearing
it is ordered that the debtor be and the
said debtor is hereby adjudged bankrupt.
Dated this day of 19

Registrar.
or

Whereas pursuant to a petition dated
against A.B., a receiving order was made on the [date]: And
whereas it appears to the court that at the first meeting of creditors
held on the [date], [or at an adjournment of the first meeting of
creditors] at it was duly resolved
that the debtor be adjudged bankrupt. It is Ordered that the debtor
be and the said debtor is hereby adjudged bankrupt.
Dated this day of 19

Registrar.





FORm 79. [rule 80.]

APPLICATION TO ANNUL ADJUDICATION OR RESCIND
RECEIVING ORDER.
(Title.)
I, R.S.' of being interested in this matter [or
Official Receiver] do hereby make application
to the court that the order of adjudication [or receiving order]
against A.B. be annulled [or rescinded] [here state grounds of
application].

Dated this day of 19

(Signature)

FORm 80. [rule 12.]

ORDER ANNULLING ADJUDICATION OR RESCINDING
RECEIVING ORDER.
(Title.)
On the application of R.S., of [or On the
application of the Official Receiver], and on reading
and hearing, it is ordered that the order of adjudication
[or receiving order] dated against A.B., of be
and the same is hereby annulled [or rescinded].

Dated this day Of
Registrar.

FORM 81. [s. 30; rule 88.]

APPLICATION FOR ORDER OF DISCHARGE.
(Title.)
I, A.B., of having been adjudged bankrupt on
the day of ' 19 , and being desirous of
obtaining my discharge, hereby apply to the court to fix a day
for hearing my application.
My public examination was concluded on the day of

Annexed hereto is the certificate of the Official Receiver
certifying the number of my creditors.

Dated this day of 19

Debtor.

To the Registrar.





FORm 82. [s. 30; rule 88.]

NOTICE OF DAY FOR REARING OF APPLICATION FOR DISCHARGE.

(For local paper or Gazette).

(Title.)

Notice is hereby given that the court has appointed
day, the day of , 19 , at o'clock
in the noon, for hearing the application of the above-named
debtor.

Dated this day of 19

Official Receiver.

FORM 803. [s. 30; rule 88.]

NOTICE TO OFFICIAL RECEIVER AND TRUSTEE OF APPLICATION
FOR DISCHARGE-

(Title.)

The bankrupt having applied to the court for his discharge,
the court has fixed the day of ' 19 at
o'clock in the noon at for hearing the
application.
Dated this day of 19

Registrar.

To the Official Receiver,
and
trustee of the estate of
the bankrupt.

FORm 84. [s. 30; rule 88.]

NOTICE TO CREDITORS OF APPLICATION FOR DISCHARGE.

(Title.)

Take notice that the above-named bankrupt has applied to the
court for his discharge, and that the court has fixed the
day of 19 at o'clock for hearing the
application.

Dated this day of 19

Official Receiver.





FORm 85. [s. 30; rules 12, 94.]

ORDER GRANTING DISCHARGE UNCONDITIONALLY.

(Title.)
On the application of A.B., of etc. adjudged bankrupt'on the
day of , 19 , and upon taking into
consideration the report of the Official Receiver as to the bankrupt's
conduct and affairs, including the bankrupt's conduct during the
proceedings under his bankruptcy, and upon hearing. the Official
Receiver, and C.D., E.F., etc. creditors, and G.H., the trustee [as
the case may be].
And whereas it has not been proved that the bankrupt has
committed any of the misdemeanors or felonies mentioned in section
30 of the Bankruptcy Ordinance (Chapter 6 of the Revised Edition),
and proof has not been made of any of the facts mentioned in section
30 (4) or section 31 of the Bankruptcy Ordinance, or that the
bankrupt has been guilty of any misconduct in relation to his
property and affairs. It is ordered that he be and he hereby is
discharged.

Dated this day of 19

Registrar.

FORm 86. [s. 30; rules 12, 94.]

ORDER REFUSING DISCHARGE.
(Title.)
On the application of
[Commencement as in Form 85.]
And whereas it has been proved that the bankrupt has com-
mitted the following misdemeanors [or felonies], namely,
[Here state particulars.]
or
And whereas it has not been proved that the bankrupt has
committed any of the misdemeanors or felonies mentioned in section
30 of the Bankruptcy Ordinance, but proof has been made of the
following facts under subsection (4) of that section, [and section
31 of the Bankruptcy Ordinance], namely,
[Here state particulars.]
or/and that he has been guilty of misconduct in relation to his
property and affairs, namely,
[Here state particulars.]
It is ordered that the bankrupt's discharge be and it is hereby
refused.

Dated this day of 19

Registrar.





FORm 87. [s. 30; rules 12, 94.]

ORDER SUSPENDING DISCHARGE.
(Title.)
On the application of
[Commencement as in Form 85.]
And whereas it has not been proved that the bankrupt has
committed any of the misdemeanors or felonies mentioned in section
30 of the Bankruptcy Ordinance (Chapter 6 of the Revised Edition)
[or it has been proved that the bankrupt has committed the
following misdemeanors (and/or felonies), namely, (set thein out),
but the court has for the following special reasons (state them)
determined that his discharge shall not on that ground be absolutely
refused]; but proof has been made of the following facts under
section 30 (4) [and section 31] of the Bankruptcy Ordinance.
[Here state particulars.]
or/and that he has been guilty of misconduct in relation to his
property and affairs, namely,
[Here state particulars.]
It is ordered that the bankrupt's discharge be suspended until
a dividend of not less than 50 per cent has been paid to the creditors,
with liberty to the bankrupt at any time after the expiration of
two years from the date of this order to apply for a modification
thereof, pursuant to section 30 of the Bankruptcy Ordinance.
or
It is ordered . that the bankrupt's discharge be suspended for
years, and that he be discharged as from the day
of 19
Dated this day of 19
Registrar.

FORm 88. [s. 30; rules 12, 94.]
ORDER OF DISCHARGE WHERE ONLY FACT PROVED THAT ASSETS
NOT EQUAL TO 50 per cent.
(Title.)
On the application of
[Commencement as in Form 85.]
And whereas it has not been proved that the bankrupt has
committed any of the misdemeanors or felonies mentioned in section
30 of the Bankruptcy Ordinance (Chapter 6 of the Revised Edition)
and whereas the only fact under subsection (4) of that section
and section 31 of which proof has been made is the fact that the
bankrupt's assets are not of a value equal to 50 per cent of the
amount of his unsecured liabilities.
It is ordered that the bankrupt's discharge be suspended for
and that he be discharged as from theday of
, 19
Dated this day of 19

Registrar.





FORm 89. [s. 30; rules 12, 94.]

ORDER OF DISCHARGE SUBJECT TO CONDITIONS AS TO EARNINGS,
AFTER-ACQUIRED PROPERTY, AND INCOME.

(Title.)
On the application of
[Commencement as in Form 85.]
And whereas it has not been proved (a)
It is ordered that the bankrupt be discharged subject to the
following conditions as to his future earnings, after-acquired pro-
perty, and income-
After setting aside out of the bankrupt's earnings, after-
acquired property, and income the yearly sum of $ for the
support of himself and his family, the bankrupt shall pay the
surplus, if any [or such portion of such surplus as the court may
determine], of such earnings, after-acquired property, and income
to the Official Receiver [or trustee] for distribution among the
creditors in the bankruptcy. An account shall, on the 1st day of
January in every year, or within fourteen days thereafter, be filed
in these proceedings by the bankrupt, setting forth a statement of
his receipts from earnings, after-acquired property, and income
during the year immediately preceding the said date, and the surplus
payable under this order shall be paid by the bankrupt to the
Official Receiver [or trustee] within fourteen days of the filing of
the said account.
Dated this day of 19

Registrar.

FORM 90. [s. 30; rules 12, 93.]

ORDER OF DISCHARGE SUBJECT TO A CONDITION REQUIRING THE
BANKRUPT TO CONSENT-TO JUDGMENT BEING
ENTERED UP AGAINST HIM.

(Title.)
On the application of
[Commen.ce,t)tent as in Form 85.]
It is ordered that the bankrupt be discharged subject to the
following condition to be fulfilled before his discharge takes effect,
namely, he shall before the signing of this order consent to judg-
ment being entered against him in the original jurisdiction of this
court by the Official Receiver [or trustee] for the sum of $ ,
being the balance [or part of the balance] of the debts provable
in the bankruptcy which is not satisfied at the date of this order,
and for $25 for costs of judgment.
And it is further ordered, without prejudice and subject to any
execution which may be issued on the said judgment with the leave
of the court, that the said sum of $ be paid out of the
future earnings or after-acquired property of the bankrupt in manner
following, that is to say, after setting aside out of the bankrupt's
earnings and after-acquired property a yearly sum of $





for the support of himself and his family, the bankrupt shall pay
the surplus, if any [or such portion of such surplus as the court
may determine], to the Official Receiver [or trustee] for distribution
among the creditors in the bankruptcy. An account shall on'the
1st day of January in each year, or within fourteen days thereafter,
be filed in these proceedings by the bankrupt, setting forth a state-
ment of his receipts from earnings, after-acquired property, and
income during the year immediately preceding the said date, and
the surplus payable under this order shall be paid by the bankrupt
to the Official Receiver ror trustee] within fourteen days of the
filing of the said account.
And it is further ordered that upon the required consent being
given judgment may be entered against the bankrupt in original
jurisdiction for the said sum of $ together with $25 for
costs of judgment.
Dated this day of 19
Registrar.

FORM 91. [rules 12, 93.]

CONSENT OF BANKRUPT TO JUDGMENT BEING ENTERED FOR BALANCE
OR PART OF BALANCE OF PROVABLE DEBTS.
(Title.)
Re -
1, A.B., of the above-named bankrupt, do hereby,
consent to judgment being entered against me in the original juris
diction of the court by the Official Receiver [or trustee] for the
sum of $ , being the balance or part of the balance of
the debts provable under my bankruptcy which is not satisfied at
the date of my discharge; but this consent is subject to the pro-
vision contained in the Bankruptcy Ordinance (Chapter 6 of the
Revised Edition) with regard to the issue of execution on such
judgment.
Dated this day of 19
Debtor.

FORM 92. [rules 12, 93.]

JUDGMENT TO BE ENTERED PURSUANT TO THE CONSENT.
In the Supreme Court of Hong Kong,
Original Jurisdiction.
No. of 19
Between
Plaintiff,
and
A.B., Defendant.

And in the matter of the bankruptcy of the said A.B.,
The day of 19





Pursuant to the order of thecourt in bankruptcy dated the
day of whereby it was ordered that

[recite substance of order.]

And the consent mentioned in the said order having been given
and filed in the matter of the said bankruptcy.

It is this day adjudged that the said plaintiff recover against
the said defendant together with $25 for costs of
judgment.
Dated this day of 19

Registrar.

FORM 93. [rule 98.]

AFFIDAVIT BY DEBTOR, WHOSE DISCHARGE HAS BEEN GRANTED
CONDITIONALLY AS TO AFTER-ACQUIRED PROPERTY OR INCOME.

(Title.)

I, the above-named debtor, make oath and say as
follows-

1. I have since the date of my discharge resided and carried
.on business atand I now reside and carry on
business at

2.The statement hereto annexed is a full, true and complete
account of all moneys earned by me and of all property and
income acquired or received by me since the date of my discharge
[or since the date when last I filed a statement of after-acquired
property and income in court, namely, the day of
, 19 ].
Sworn at, etc.

Debtor.

FORm 94. [rule 29.1]
APPLICATION BY TRUSTEE FOR COMMITTAL OF BANKRUPT OR
OTHER PERSON.

.(Title.)

I, the trustee of the property of the said bankrupt [or as the
case may be], do apply to the court for an order of committal for
contempt of the court against the said bankrupt for L.M.,
], on the ground set forth in the annexed affidavit.

Dated this day of 19

Trustee.





FORm 95. [rule 29.]

AFFIDAVIT OF PERSON INTERESTED IN A COMPOSITION FOR
COMMITTAL.

(Title.)

In the matter of a composition made by A.B., of

I, L.M., of , make oath and say-

1. That of was by an order of the
court made on the day of 19 ordered
to [here set out the order].

2. That a copy of the said order was duly served on the said

3. That the said has failed to obey such order.

Sworn at. etc.

L.M.

FORM 96. [rule 29.]

AFFIDAVIT IN SUPPORT OF APPLICATION FOR. COMMITTAL OF DEBTOR
FOR CONTEMPT UNDER SECTION 26 OR 55.
(Title.)

the Official Receiver of the estate of the said
debtor [the trustee of the property of the said bankrupt] make
oath, and say-

[1. That the said debtor did attend at the first meeting of his
creditors held on the day of ' 19 , at
, and wilfully refused to submit to be examined
at such meeting in respect of his property [or his creditors], the
submitting to examination being a duty imposed upon him by the
Bankruptcy Ordinance (Chapter 6 of the Revised Edition).]

or

[1. That the said [debtor] bankrupt did wilfully fail to attend
a meeting of his creditors held on the day of 19
at
[or to wait on me at my office on the day
of 19, ], the attending
such meeting [or waiting
on me] being a duty imposed upon him by the Bankruptcy Ordinance
(Chapter 6 of the Revised Edition).]
or

[1. That the said [debtor] bankrupt has wilfully failed to
execute [here describe the deed, etc., that he has failed to
execute], the execution of such deed when required by me being
a duty imposed upon him by.section 26 [or 55] of the Bankruptcy
Ordinance (Chapter 6 of the Revised Edition).]





2. [That the said [debtor] bankrupt was on the day
of , 19 , duly served with a notice, a copy of which
is hereunto annexed, by leaving the same at his usual place of
residence, requiring him to attend the said meeting], [or to execute
the above-mentioned deed, etc.]
Or
[1. That the said (debtor) bankrupt has wilfully failed to
perform the duty imposed upon him by section 2f) of the Bankruptcy
Ordinance (Chapter 6 of the Revised Edition) (here insert any act
he has been required to do by any special order of the court, stating
the day on which the order was gnade).]
2. [That the said (debtor) bankrupt was duly served with a
copy of such. order by leaving the same at his usual place of
residence on the day of 19 .]
Or
[1. That the said (debtor) bankrupt has failed to deliver up
possession of .(here state the property he has failed to deliver up),
which property is divisible amongst his creditors under the
Bankruptcy Ordinance (Chapter 6 of the Revised Edition) and which
said property was (or is) in his possession or control, he having been
required by me to deliver up the said property by notice, a copy
of which is hereunto annexed, and which notice was served upon
him on the day of 19 at
Sworn at, 'etc.
Official Receiver.
[or Trustee.]

FORM 97. [rule 29.]

AFFIDAVIT OF TRUSTEE UNDER SECTION 53 (5).
(Title.)
I, G.H., the trustee of the property of the said A.B., a bankrupt,
make oath and say-
1. That I believe that L.M., of hath in his
possession or power as [here set out the capacity in which the
person stands to the bankrupt] certain moneys [and securities]
belonging to the bankrupt, that is to say [here set out and describe
the particular moneys and securities].
2. That on the day of ,19 , I did
apply personally to the said L.M. to pay and deliver to me the
said moneys and securities, and that he did not then pay or deliver,
nor has he since paid or delivered, to me the same [or That I,
on the day ofposted a letter to the said
L.M., addressed to him atcalling upon him to, etc.,
and that on the day of , 19 , I
posted another letter, by which I again called upon him to, etc.,
and that he has failed to pay and deliver the same].
3. That I firmly believe that the said L.M. is not entitled by
law to retain such moneys [and securities] as against the bankrupt
or against me as the trustee of the property of the bankrupt.
Sworn at, etc.
Trustee.





FORm 98. [ss. 20 (15), 110;
rule 30.]

NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 20 OR 110.
(Title.)

To
Take notice that C.D., of will on the
day of , 19 , at o'clock in the noon,
apply to the court for an order for your committal to prison for
contempt of this court, you having disobeyed the order of the
court made on the day of ' 19 , [here
set out order].And further take notice that you are required to
attend the court on such day at the hour before stated, to show
cause why an order for your committal should not be made.

Dated this day of 19

Registrar.

FORM 99. [s. 26 (4); rule NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 26.
(Title.)
To the said A.B., bankrupt.
Take notice that the trustee [or 'Official Receiver] of the
property of the said bankrupt will on the day of ,
19 , at o'clock in thenoon, apply to the court
for an order for your committal to prison for contempt of this
court, you having failed to perform the duty imposed on you by
section 26 of the Bankruptcy Ordinance (Chapter 6 of the Revised
Edition) [here set out the duty he has failed to perform]. And
further take notice that you are required to attemd the court on
such day at the hour before stated to show cause why an order for
your committal should not be made.
Dated this day of 19

Registrar.

FORM 100. [s. 53 (5); rule 30.]

NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 53 (5).
(Title.)
To [here insert name, address and description of the. person
to whom the notice is to be sent].
Take notice that the trustee [or Official Receiver] , of the
property of the bankrupt will on the day of
19 , at o'clock in thenoon, apply to the court
for an order for your committal to prison for contempt of this court





you having failed to pay and deliver to him certain moneys [and
securities] belonging to the bankrupt in your possession or power
as [here state whether as treasurer, banker, etc.], that is to say
[here set out and describe the particular moneys and securities].
And further take notice that you are required to attend the court
on such day at the hour before stated to show cause why an order
for your committal should not be made.

Dated this day of 19
Registrar.

FoRm 101. [ss. 20 (15); 110.]

ORDER OF COMMITTAL UNDER SECTION 20 OR 110.
(Title.)
Whereas by an order of this court made on the day
of , 19 , [here recite the order]. Now upon the
application of C.D., of , and upon hearing A.B. [or as
the case may be], [or if he does not appear] reading the affidavit
of [here insert name and description of person by whom the order
was served on A.B.], and upon reading the affidavit of [enter
evidence], the court being of opinion that the said A.B. has been
guilty of a contempt of this court by his disobedience of the said
order, it is ordered that the said A.B. do stand committed to [here
insert prison] for his. said contempt.

Dated this day of 19

Registrar.

FoRm 102. [s. 26 .(4).]

ORDER OF COMMITTAL UNDER SECTION 26.

(Title.)

Upon the application of the trustee [or Official Receiver] of the
property of the bankrupt [or debtor]. and upon hearing the bankrupt.
[or if he does not appear], and reading the affidavit of [here insert
name and description of person by whom the notice to show cause
was served] and upon reading the affidavit of [enter evidence], the
court being of opinion that the bankrupt has been guilty of a
contempt of this court by having failed to rhere follow the notice],
it is ordered that the bankrupt do stand committed to [here insert
prison] for his said contempt.

Dated this day of 19

Registrar.





FORM 103. [s. 53 (5)]

ORDER OF COMMITTAL UNDER SECTION 53 (5).

(Title.)

Upon the application of the trustee of the property of the
bankrupt, and upon hearing L.M. [or if L.M. does not appear
and reading the affidavit of here insert name and description of
person by whom the notice to show cause was served] and upon
reading the affidavit of [enter evidence] the court being of opinion
that L.M. has been guilty of a contempt of this court by having
failed to pay and deliver to the said trustee certain moneys Fand
securities] [Acre follow the notice], it is ordered that the said L.M.
do stand committed to [kere insert prison] for the said contempt.

Dated this day of 19

Registrar.

FORm 104. [s. 26 (4); rule 30.]

AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF COURT.

(Title.)

I, L.M. of make oath and say-

1. That G.H. of was by an order of the court
made on the day of ,19 ,ordered to [here set
out order].

2. That [a copy of] the said order was duly served on the
said G.H.
3. That the said G.H. has failed to obey the order.

Sworn, etc.

(Signature.)

FORM 105 [rule 26.]

WARRANT OF COMMITTAL FOR CONTEMPT.

(Title.)

To the Bailiff of the Supreme Court of Hong Kong and his
assistants and to all police officers of this Colony and to the
Commissioner of Prisons.
Whereas by an order of this court bearing date the
day of 19 , it was ordered that the said debtor [or
L.M. of ]should stand committed for contempt of this
court.





These are therefore to require you the said bailiff, and others,
to take the said A.B. [or L.M.] and to deliver him to the
Commissioner of Prisons, and you the said Commissioner to
receive the said A.B., and him safely to keep in prison in your
custody until such time as this court shall order; and you the
said Commissioner shall, while the said A.B. is in your custody, at
all times when the court shall so direct produce the said A.B. before
the court.

Dated this day of 19

Registrar.

FORM 106.

ORDER FOR DISCHARGE FROM CUSTODY ON CONTEMPT.

(Title.)

Upon application made this day offor A.B., who
was committed to prison for contempt by order of this court, dated
the day of 1 ' 19 , and upon reading his
affidavit showing that he has cleared [or is desirous of clearing]
his contempt and has paid the costs occasioned thereby, and upon
hearing the trustee [or Official Receiver or C.D. of ],
it is ordered that the Commissioner of Prisons do discharge the said
A.B. out of his custody, as to the said contempt.

Dated this day of 19

Registrar.

FORm 107.

ORDER FOR PRODUCTION OF PERSON IN PRISON FOR EXAMINATION
BEFORE THE COURT.

(Title.)

Upon application made this day of by
[applicant] for an order for the production of A.B., who was
committed to prison for contempt by order of this court dated the
day of, for examination before this court, it
is ordered that the Commissioner of Prisons do cause the said A.B.
to be brought in custody before the court at on
the day offor examination before the court, and
afterwards to be taken back to prison to be there safely kept
pursuant to the said order.

Dated this day of 19

Registrar.





FORm 108. [s. 54; rule 26.]

SEARCH WARRANT.

(Title.)

Whereas by evidence duly taken upon oath it hath been made
to appear to the court that there is reason to suspect and believe
that property of the said debtor is concealed in the house [or other
place, describing it, as the case may be] of one X.M., of
such house [or place] not belonging to the said debtor.
These are therefore to require you to enter in the me into
the house [or other place, describing it] of the said situate
ataforesaid, and there diligently to search for the said
property, and if any property of the said debtor shall be there
found by you on such search, that you seize the same, to be disposed
of and dealt with according to the provisions of the Bankruptcy
Ordinance (Chapter 6 of the Revised Edition).
Dated this day of 19

Registrar.

To the Bailiff of the Supreme Court and his assistants.

FORM 109. [s. 27; rule 26.]

WARRANT OF SEIZURE.

(Title.)

Whereas on the day of 19 a receiving
order was made against the said debtor:These are therefore to
require you forthwith to enter into and upon the house and houses,
and other the premises of the said debtor, and also in all other
place and places belonging to the said debtor where any of his
goods and moneys are, or are reputed to be; and there seize all
the ready money, jewels, plate, household stuff, goods, merchandise,
books of account, and all other things whatsoever, belonging to
the said debtor, except his necessary wearing apparel, bedding and
tools, as excepted by the Bankruptcy Ordinance (Chapter 6 of the
Revised Edition).
And that which you shall so seize you shall safely detain and
keep in your possession until you shall receive other orders in
writing for the disposal thereof ' from the trustee [or Official
Receiver]; and in ease of resistance or of not having the key or
keys of any door or lock of any premises belonging to the said
debtor where any of his goods are or are suspected to be, you
shall break open, or cause the same to be broken open, for the
better execution of this warrant.
Dated this day of 19

Registrar.

To the Bailiff of the Supreme Court and his assistants.





FORM 110. [
s. 27; rules 26, 27.]

WARRANT AGAINST DEBTOR ABOUT TO QUIT THE COLONY.
(Title.)
To the Bailiff of the Supreme Court of Hong Kong and his
assistants and to all police officers of this Colony and to the
Commissioner of Prisons.
Whereas, by evidence taken upon oath, it hath been rnade to
appear to the satisfaction of the court that there is probable reason
to suspect and beliswe that the said A.B., of has
absconded and gone abroad [or quitted his place of residence],
lor is about to go abroad (or quit his place of residence)] with
a view to avoiding service of a bankruptcy petition [or to avoiding
appearing in a bankruptcy petition, or to avoiding examination
in respect of his atfairs, or otherwise delaying or embarrassing
the proceedings in bankruptcy or to avoiding payment of a judg
ment debt in respect of which a bankruptcy notice has been issued.]
[Or that there is probable cause to suspect and believe that
the said A.B. is about to remove his goods or chattels with a view
to preventing or delaying such goods or chattels being taken
possession of by the trustee of the property of the bankrupt or
that the said A.B. has concealed (or is about to conceal or destroy)
his goods or chattels, or some of them, or his books, documents
or writings, or some or one of them, which books, documents or
writings, or some or one of them, may be of use to the creditors
in the -course of the bankruptcy -of the said A.B.]
[Or that it hath been made to appear to the satisfaction of
this court that the said A.B. has removed certain of his goods
and chattels in his possession; above the value of fifty dollars,
without the leave of the Official Receiver or trustee, that is to
say (here describe the goods or chattels).]
[Or that the said A.B. did without good cause fail to attend
at this court on the day of' 19 , for the
purpose of being examined, according to the requirements of
an order of this court made. on the day of
19 , directing him so to attend.]
These are therefore to require you the said bailiff, and others,
to take the said A.B. and to deliver him to the Commissioner of
Prisons and you the said Commissioner to receive the said A.B.,
and him safely to keep in prison until such time as this court
may order.
Dated this day Of 19

Registrar.

FORM 111. [s. 28.1]
ORDER TO POSTMASTER GENERAL UNDER SECTION 28.
(Title.)
Upon the application of the Official
Receiver [or the trustee] of the property of the above debtor, it
is ordered that for a period of three months from the day
of , 19 , all post letters, telegrams and postal



packets directed or addressed to the said debtor, at (a)
shall be re-directed, sent or delivered by the Postmaste
General, or officers acting under him, to (b)
except any letter on which there is a. specific directioi
signed by the Official Receiver [or trustee] that it is to be delivered
as addressed, if possible, and that a sealed duplicate of this order
be forthwith transmitted by the Official Receiver [or trustee] to
the Postmaster General, or officers acting under him.

Dated this day of 19

Registrar.

FORM 112. [s. 29; rule 25.]

SUMMONS UNDER SECTION 29.
(Title.)
To of
You are hereby required to attend at the Courts of Justice,
Hong Kong, on the day of , 19 , at
o'clock in thenoon, to give evidence in the above
matter, and then and there to have and produce (a)
Hereof if you fail, having no lawful impediment to be then
made known to the court, and allowed by it, the court may by
warrant cause you to be apprehended and brought up for examina-
tion.
Dated this day of 19

Registrar.

NOTE-This summons is issued on the application of the Official Receiver and
trustee, and take notice, that if the sum of $ , stated to be due by you to
this estate, be paid to Official Receiver, at , on or
before the day of , this summons will be discharged.

FORm 113. [s. 29; rule 25.]

ADMISSION OF DEBT BY DEBTOR OF BANKRUPT.
(Title.)
In the matter of A.B. of a bankrupt.
I, the undersigned J.K. of ,do hereby admit that
I am indebted to the said bankrupt in the sum of
dollars upon the balance of accounts between myself and the said
bankrupt.
J. K.

Dated this day of 19
Witness,
C.D., Registrar,
[or Official Receiver].





FORm 114. [s. 29; rule 25.]

ORDER TO PAY ADMITTED DEBT.
(Title.)
Whereas J.K., of , in his examination taken this
day, and signed and subscribed by him, has admitted. that he is
indebted to the said debtor in the sum of dollars, on
the balance of accounts between him and the debtor; it is ordered
that the said J.K. do pay to the trustee of the property of the
debtor, in full discharge of the sum so admitted, the sum of
dollars forthwith [or if otherwise state the time and
inanner of payinent], and do further pay to the said trustee the
sum of dollars for costs.
Dated this (lay of 19

Registrar.

FROM 115. [s. 29; rules 26, 28.]

WARRANT TO APPREHEND A PERSON SUM~IONED UNDER SECTION 29.
(Title.)
To the Bailiff of the Supreme Court of Hong Kong and his
assistants and to all police officers of this Colony and to the
Commissioner of Prisons.
Whereas by summons dated the day of
and directed to A.B., of [or F.M., of the
said A.B. [or F.M.] was required personally to be and appear
on the day of at o'clock in the
noon at the court to be examined [and produce such document as
hereinafter mentioned] which said summons was afterwards on the
day ofas hath been proved upon oath duly
served upon the saidand a reasonable sum was tendered
him for his expenses, and whereas the said having no
lawful impediment made known to and allowed by the court at
the time of its sitting hath refused to appear before the court at
the time appointed [and/or hath refused to produce a document
in his custody or power relating to the debtor, his dealings, or
property, which the court has required him to produce]. These
are, therefore, to require and authorize you and every of you, the
said bailiff and your assistants and police ofileers and constables
immediately upon receipt hereof to take the said A.B. [or F.M.], and
bring him before this court at such time and place as this court
shall direct, in order to his being examined as aforesaid, and in
the meantime him safely to keep or deliver to the Commissioner
of Prisons and forthwith, after such taking and delivery, to report
the same to the court, and obtain its direction or order fixing a
day, time and place for the examination of the said A.B. [or F.M.],
and you the said Commissioner of Prisons to receive the said A.B.
[or F.M.], and. hirn safely keep in prison and in your custbdy to
await the direction or order of the court, and to produce him
before the court at such time and place as shall be specified in
such direction or order, and for so doing this shall be a sufficient
warrant to you and every of you.
Dated this day of 19

Registrar.





FORM 116. [s. 29; rule 28.]

ORDER FOR PRODUCTION OF PERSON APPREHENDED UNDER WARRANT
UNDER SECTION 29 FOR EXAMINATION BEFORE THE COURT.
(Title.)
Upon report made to the court the day of
that A.B. has been apprehended under a warrant issued by the
court on the day of , it is ordered that the
Commissioner of Prisons do cause the said A.B. to be brought
in custody before the court sitting on the day of
at o'clock in the noon for examination before the
court, and in the meantime to be safely kept, and afterwards if
the court shall so direct to be taken back to prison and there
safely kept pursuant to the said warrant.
Dated this day of 19

Registrar.

FORM 117. [rule 127.]

REGISTER OF ASSIGNMENT OF BOOK DEBTS.





For use only in case of assignment by way of security or other charge.

FORM 118. [s. 56; rule 128.]

NOTICE OF APPLICATION FOR PAYMENT TO TRUSTEE OF
PORTION OF PAY OR SALARY.
(Title.)
To A.B.
Take notice that I intend to apply to the court on the
day of , 19 , at o'clock in
the noon, for an order under. section 56 of the





Bankruptcy Ordinance (Chapter 6 of the Revised Edition) for the
payment of a part of your pay [or salary or income] to me as
trustee for the benefit of the creditors under your bankruptcy. On
the application you are at liberty to show cause against such order
being made.

Dated this day of 19
G.H., Trustee.

FORM 119. [ss. 56, 57; rule 128.]

NOTICE OF APPLICATION FOR PAYMENT TO TRUSTEE OF
INCOME OF BANKRUPT MARRIED WOMAN.
(Title.)
Take notice that I intend to apply to the court on the
, day of , 19 , at o'clock in
thenoon for an order pursuant to section 57 of
the Bankruptcy Ordinance (Chapter 6 of the Revised Edition) that
the whole, or such part as the court may determine, of the income
of the separate property of the said A.B. arising under an indenture
of settlement dated the day of
and made between and
[or as the case may be], notwithstanding the restraint on anticipation
to which such income is subject. may be paid to me as trustee for
distribution among the creditors.

Dated this day of 19

Trustee.

To

FORm 120. [s. 56 (1).]

ORDER.UNDER SECTION 56 (1).

(Title.)

Whereas it appears to the court that the bankrupt is [or here
state what the bankrupt, is], and as such is in the enjoyment
of the monthly pay [Or pension, allowance or compensation]
ofdollars; and whereas upon the application of G.H.
of, the trustee of the property of the bankrupt, it
appears to the court just and reasonable that the monthly sum
of dollars, portion of the said pay [or pension,
allowance or compensation] ought to be paid to the said trustee
during the bankruptcy, in order that the same may be applied in
payment of the debts of the bankrupt, and that such payment
ought to be made out of the first moneys which shall be due
after the day of ,19 , and be continued
until the court shall make order to the contrary; it is ordered,





with the consent of His Excellency the Governor, that such portion
of the [here insert pay or pension, allowance or compensation]
shall be paid to the trustee accordingly.,
Dated this day of 19

Registrar.

I consent to the above order.

Dated this day of 19

Governor.

FORM 121. [s. 56(2).]

ORDER UNDER SECTION 56 (2).

(Title.)

Whereas it appears to the court that the bankrupt is in receipt
of or entitled to a salary or income including bonus or commission
of
and whereas upon the application of the trustee of the property
of the bankrupt and upon hearing the bankrupt it appears to the
court just and reasonable that the monthly sum of
dollars a portion of the said salary or income ought to be paid
by the bankrdpt to the trustee during the bankruptcy in order that
the sum may be applied in payment of the debts of the said
bankrupt and that the first of such payments ought to be made
on the day of ' 19 , and that the
payments ought to be continued monthly until this court shall make
order to the contrary; it is ordered that the said sum shall be
paid by in manner aforesaid out of the
bankrupt's sai.d salary or income.
Dated this day of 19

Registrar.

FORm 122. [s. 57.]

ORDER UNDER SECTION 57.

(Title.)

Whereas it has been made to appear to the court that the
bankrupt under and by virtue of an indenture of settlement, dated
the day of , and made between
and [or as the case may be]
is entitled to separate property, the income whereof is subject to
a restraint on anticipation, and whereas upon the application of
the trustee in the bankruptcy and having regard to the means
of subsistence available for the bankrupt and her children it
appears to the court just and reasonable that the whole for the
annual sum of $ part] of such income should be paid
to the trustee in the bankruptcy during the bankruptcy for





distribution among the creditors by equal monthly [or quarterly
or half-yearly] payments of $ ,and that the first of such
payments ought to be made on the day of
19 , and that the payments ought to be continued monthly [o;
quarterly or half-yearly] until the court shall make order to the
contrary. It is ordered that the said income [or part of income]
shall be paid by to the trustee in the bankruptcy
in manner aforesaid.
Dated this day of 19
Registrar.

FORM 123. [s. 59; rule 130.]

NOTICE TO LANDLORD OF INTENTION TO DISCLAIM LEASEHOLD
PROPERTY NOT SUBLET OR MORTGAGED.
(Title.)
Take notice that I intend to disclaim the (a)
dated whereby (b)
was let to the above-named bankrupt at a rent of $
If you require the matter to be brought before the court, you
must give notice thereof to me in writing within seven days of the
receipt by you of this notice.
Dated this day of 19

Trustee.
To
The landlord of the above-mentioned
property.

FORm 124. [ss. 59, 112 (1);
rule 130.]

NOTICE OF INTENTION TO DISCLAIM LEASEHOLD PROPERTY
SUBLET OR MORTGAGED.
(Title.)
Take notice that I intend to disclaim the lease dated
whereby (a)
was let to (b) at a rent of $
If you require the matter to be brought before the court, you
must give notice thereof to me in writing within fourteen days of
the receipt by you of this notice.
Dated this day of 19
Trustee.
To
The landlord of the above-mentioned
premises and
To
The sub-tenant, or mortgagee.





FORm 125. [s. 59; rule 130.]

DISCLAIMER WITHOUT NOTICE.

(Title.)

the trustee of the property of the
above-named bankrupt, hereby disclaim the .(a) of
the premises (b) which were let to the above-named
bankrupt (c) at a rent of $ per

Notice of this disclaimer has been given to (d)

Dated this day of , 19

Trustee.

FORM 126. [s. 59; rule 130.]

DISCLAIMER OF LEASEHOLD PROPERTY AFTER NOTICE
TO LANDLORD, MORTGAGEES, ETC.

(Title.)

Pursuant to notice dated the day of 19
addressed to (a) I,
the trustee of the property of the above-named bankrupt, hereby
disclaim the lease dated the day of 19
whereby (b)
were let to (c) at a rent of $ for a
term of

Notice of this disclaimer has been given to (d)

Dated this day of 19

Trustee.

(Address)





FORM 127. [s. 59; rule 130 ]

DISCLAIMER OF LEASE WITH LEAVE OF COURT.

(Title.)

Pursuant to an order of court dated the day of
,19 ,I, , the trustee of the
property of the above-named bankrupt, hereby disclaim all interest
in the lease dated the . day of , 19 ,
whereby the premises (a) were demised to
at a rent of $ per annum, for a
term of

Notice of this disclaimer has been given to

Dated this day of 19

Trustee.

FORM 128. [s. 59; rule 130,]

NOTICE OF DISCLAIMER WITHOUT LEAVE OF COURT.
(Title.)
Take notice that, by writing under my hand, bearing date
the day of , 19 , I, , the
trustee of the property of the above-named bankrupt, disclaimed
(a) of the premises known as .(b)
which were let to (c)at a rent of
$ per (d)

The above-mentioned disclaimer has been filed in court with
the proceedings in the bankruptcy [and has been registered in the
Land Office].

Your attention is directed to the provisions of the Bankruptcy
Ordinance (Chapter 6 of the Revised Edition), on the back hereof.

Dated this day of 19

Trustee.

To

(Address)

NOTE-On the back of this notice the provisions of subsections (2) and (6)
of section 59 of the Bankruptcy Ordinance should appear.





FORM 129. [s. 59; rule 130.]

NOTICE OF DISCLAIMER OF LEASE WITH LEAVE OF COURT.

(Title.)

Take notice that pursuant to an order of court dated the
day of ,19 , I, , the
trustee of the property of the above-named bankrupt, by writing
under my hand bearing date the day of
disclaimed all interest in the lease dated the day of
,19 whereby the premises
were demised to at a rent of
$ per annum, for a term of

The above-mentioned disclaimer has been filed in court with
the proceedings in bankruptcy [and has been registered in the Land
Office].

Dated this day of 19

Trustee.

To

(Address)

FORM 130. [s. 59; rule 130.]

FoRm OF NOTICE BY LANDLORD OR OTHER PERSON REQUIRING
TRUSTEE TO BRING MATTER OF INTENDED DISCLAIMER
OF PROPERTY BURDENED WITH ONEROUS
COVENANTS BEFORE THE COURT.

To

Trustee of the property of the above-named bankrupt.

Sir,

I hereby give you notice that the bankrupt was, at the date
of the receiving order, interested as lessee [or as the case may be]
in the property described in the schedule to this notice, and that as
such lessee [or as the case may be] the bankrupt was liable in
respect of [set out nature of the bankrupt's liability] which liability
has devolved on you as trustee in bankruptcy of his property,, and
I hereby require you to bring the matter of your intended disclaimer
of the bankrupt's interest in the said property before the court.

1 am, etc.,

(Signature)
[State how interested in the property.]





SCHEDULE to notice when given by lessor.






FORM 131. [s. 82(3); rule 174.]

APPLICATION FOR DIRECTIONS BY TRUSTEE.
(Title.)
I desire to make application to the court for its directions [here
state the particular matter in relation to which they are sought].
Trustee.
Let this application be heard on the day of
at o'clock in the noon, and let the trustee give
notice to [here insert the persons to whom it is to be given].
Dated this day of 19

Registrar.

FORM 132. [s. 82 (3); rule 174.]

ORDER ON APPLICATION OF TRUSTEE FOR DIRECTIONS.
(Title.)
Whereas at a court held [or in chambers] this day the trustee
of the property of the bankrupt applied to the court for its directions
[here state the particular matter in relation to which they are
sought]. Now upon hearing C.D., ofon the matter,
it is ordered[here set out the order], and that the
trustee do pay out of the property of the bankrupt the sum of
the costs of this order, [and the sum of
to C.D. for his costsl or that C.D. do pay the sum of
the costs of this ordeA.
Dated this day of 19
Registrar.

FORM 133. [s. 97 (2).]

ISSUES OF FACT FOR TRIAL BY JURY.
(Title.)
On the application of and on hearing
it is ordered that the following issues of fact be tried with a
jury on [Add any other necessary directions].
ISSUES.
2.
Dated this day of 19
Registrar.





FORM 134. [rule 144.]

CREDITOR'S PETITION FOR ADMINISTRATION OF ESTATE
OF DECEASED DEBTOR UNDER SECTION 112.
(Title.)
I, C.D of [or We, C.D., of and E.F. of
I hereby petition the court that an order be made for
the administration in bankruptcy of the estate of the late [here
insert name and description of deceased debtor] who died on the
day of ,19 , and say-
1. That the said A.B. for the greater part of the six months
next preceding his decease resided [or carried on business] within
the jurisdiction of this court [or as the case may be].
. 2.That the estate if the said A.B. is justly and truly indebted
to me [or us in the aggregate] in the sum of $ [set out
amount of debt or debts and the consideration].
3. That [I] do not nor does any person on [my] behalf hold
any security on the said deceased debtor's estate, or on any part
thereof, etc. [or as in Form No. 10, Creditor's petition].
4. That the estate of the said A.B. is according to my informa-
tion and belief insufficient to pay his debts.
5. That the will of the said. A.B. was on the day of
19 proved by J.S., of and
G.H., of
or
That letters of administration were on the day of
G.H., . of 19 granted to J.S., of and

or
That no probate or administration in respect of the said estate
has been applied for.
Dated this day of 19

C.D.
E.F.
Signed by the petitioner in my presence.
Signature of witness.

Address.
Description.

INDORSEMENT.
This petition having been presented to the court on the
day of 19 , it is ordered that this petition shall
be heard at on the day of 19
at o'clock in the noon.

If you, the said J.S. or G.H., intend to show cause against
the petition, you must file with the Official Receiver a notice showing
the grounds upon which you intend to show cause, and post a copy
of the notice to the petitioner or his solicitor, in each case three
days before the day on which the petition is to be heard.

Registrar.





FORM 135. [s. 112 (9); rule 144.]

PETITION BY LEGAL PERSONAL REPRESENTATIVE OR OFFICIAL
ADMINISTRATOR FOR ORDER OF ADMINISTRATION
UNDER SECTION 112.

(Title.)

I, C.D., of [or We, C.D., of and E.F., of
], hereby petition the court that an order be made for
the administration in bankruptcy of the estate of the late [here
insert name and description of deceased debtor], who died on the
day of 19 and say-
1. That I am the Official Administrator of the estate [or we
are] the legal personal representative [or representatives] of the
said [debtor] and that his will was on the day of
19 , proved by [or that letters of administration of
his estate were on the day of 19 granted
to

2. That the said [debtor] for the greater part of the six
months next preceding his decease resided [or carried on business]
within the jurisdiction of the court [or as the case may be].

3. That the estate of [debtor] is according to my [or our]
information and belief insufficient to pay his debts.

(Signed)

Signed by the petitioner in my presence.

Signature of witness.

Address.

Description.

FORM 136. [s. 112 (4); rule 146.]

ORDER FOR ADMINISTRATION IN BANKRUPTCY OF ESTATE OF
DECEASED DEBTOR UPON PETITION.

(Title.)

Upon the petition of C.D., dated and numbered
of 19 and upon reading and
hearing it is ordered that the estate of A.B.,
of , who died insolvent, be administered in
bankruptcy, and that the Official Receiver be the trustee, and the
costs of this application be

Dated this day of 19

Registrar.





FORM 137. [s. 94; rule 169.]

STATEMENT TO ACCOMPANY APPLICATION FOR RELEASE.

(Title.)

Statement showing position of estate at date of application for
release.






Note-Creditors-
...............$ C.

(b) preferential........ ... ... ...
(b) unsecured....... ... ... ... ...

The debtor's estimate of amount expected to rank for dividend
was $
Assets not yet realized are estimated to produce $
[Add here any special remarks which the trustee thinks
desirable.]
Creditors can obtain any further information by inquiry at the
office of the trustee.
Dated this day of 19

Trustee.

(Address)

FORm 138. [s. 67; rule 123.]

NOTICE TO CREDITORS OF INTENTION TO DECLARE DIVIDEND.

(Title.)

A (a) dividend is intended to be declared in the above matter.
You are mentioned in the debtor's statement of affairs, but you have
not yet proved your debt.
If you do not prove your debt by the day of
19 ' you will be excluded from this dividend.
Dated this day of 19

Trustee.

(Address)

FoRm 139. [s. 67; rule 123.]

NOTICE TO PERSONS CLAIMING TO BE CREDITORS OF INTENTION
TO DECLARE FINAL DIVIDEND.

(Title.)

Take notice that a final dividend is intended to be declared
in the above matter, and that if you do not establish your claim
to the satisfaction of the court on or before the day of





' 19 , or such later day as the court may fix,.
your claim will be expunged, and I shall proceed to make a final
dividend without regard to such claim.
Dated this day of 19

Trustee.
(Address)

FORM 140.

NOTICE TO CREDITOR OF INTENTION TO PAY COMPOSITION.
(Title.)
Notice is hereby given that a composition is intended to be
paid in the above matter.
Your name is included in the list of creditors in the debtor's
statement of allairs, but you have not yet proved your debt.
The last day for receiving proofs is the day
of 19
Dated this day of 19

Official Receiver.

. FROM 141. [s. 67; rule 123.]

NOTICE OF DIVIDEND.
(Title.)
(Please bring this dividend notice with you).
Dividend of per cent
Notice is hereby given that a dividend of
per cent has been declared in this matter, and that the same may
be received at my office, as above, on the
day of ,19 or on any subsequent
between the hours of and
Upon applying for payment this notice must be produced entire
together with any bills of exchange, promissory notes or other
negotiable securities held by you. If you do not attend personally
you must fill up and sign the subjoined forms of receipt and
authority, when a cheque or money order payable to your order
will be delivered in accordance with the authority.
Dated this day of 19

(Signed) G.H.,

Trustee.
(Address)





RECEIPT.

19

Received of the sum of dollars
and cents, being the amount payable to me/us in
respect of the dividend of per cent
on my/our claim against this estate.

(Creditor's signature)
AUTHORITY.
Sir,

Please deliver (a) to me/us by post, at my/our risk or (a)
to the bearer, Mr. the cheque or money
order for the dividend payable to me/us in this matter.

(Creditor's signature)

(Date) 19

To

FORM 142. [s. 73.]

APPLICATION BY CREDITOR FOR ORDER FOR TRUSTEE TO PAY
DIVIDEND WITHHELD AND ORDER THEREON.

(Title.)

I, F.K., of , make application to this court for
an order to be made upon the trustee to pay the dividend in this
bankruptcy due to me, with interest thereon for the time it has
been withheld from me, that is to say, from the
day of 19 , on which day I applied to the
trustee for its payment to me, and also to pay to me the costs of
this application.

Dated this day of 19

F.K.

ORDER.

Upon the reading of this application, and upon hearing
it is ordered that the trustee do forthwith pay
to the said F.K. the sum of dollars, the amount of
such dividend.





And it is further ordered that the trustee do pay to the said
creditor at the same time the sum of, for interest
on such dividend, being at the rate of 8 per cent per annum, for
the time that its payment has been withheld, together with a
further sum of for the costs of this application.
Dated this day of ,19

Registrar.

[If the court does not order payment, then after the words it is
ordered insert the order inade.]

FORM 143.

REQUEST TO DELIVER BILL FOR TAXATION.
(Title.)
I hereby request that You will, within seven days of this date
or such further time as the court may grant, deliver to me for
taxation by the Registrar your bill of costs [or charges] as
(a) failing which I shall, in pursuance of
the Ordinance, proceed to declare and distribute a dividend without
regard to any claim you may have against me or against the estate
of the debtor.
Dated this day of 19

G.H.,

Trustee.

FORM 144.

ALLOCATUR FOR COSTS OF DEBTOR'S PETITION.
(Title.)
I hereby certify-
1. That I have taxed the bill of costs of the
debtor's solicitor, for filing the petition herein, and have allowed the
same at the sum of dollars and cents.
2. That the deposit of paid to the Official Receiver
on the filing of the petition (a)included in the above
mentioned sum.
3. That credit has been given in the said bill for the sum
-of received on account of such costs.
Dated this day of 19
Registrar.





FORM 145. [rule 190.]

CERTIFICATE BY COMMITTEE OF INSPECTION AS TO AUDIT OF
TRUSTEE'S ACCOUNT.
We, the undersigned, members of the Committee of inspection
in the matter of , a bankrupt, hereby certify that
we have examined the foregoing account with the vouchers, and
that to the best of our knowledge and belief the said account
contains a full, true and complete account of the trustee's receipts
and payments on account of the estate.
Dated this day of 19
A.B.}
C.D. Committee of Inspection.
E.F.

FORM 146. [ss. 89, 93;
rule 191 (3).]

AFFIDAVIT VERIFYING TRUSTEE'S ACCOUNT.
(Title.)
I, G.H., of , the trustee of the property of the
above-named bankrupt, make oath and say-
That the account hereunto annexed marked B contains a full
and true account of my receipts and payments on account of the
bankrupt's estate from the day of to
the day of inclusive, *and that I have not,
nor has any other person by my order or for my use during such
period, received or paid any moneys on account of the said estate
*other than and except the items mentioned and specified in the
said account.
Sworn at, etc.
G.H., Trustee.

FORM 147. [rule 168.]

TRUSTEE'S TRADING ACCOUNT.
(Title.)
G.H., the trustee of the property of the bankrupt in account
with the estate.
RECEIPTS. PAYMENTS.

Date Date $

G.H., Trustee.

(Date)





We have examined this account with the vouchers and find the
same correct, and we are of opinion that the expenditure has been
proper.

Dated this day of 19

Committee of Inspection.
[or Member of the Committee of Inspection.]

FORM 148. [rule 168.]

PROFIT AND LOSS ACCOUNT (TRADING ACCOUNT).

(Title.)

PROFIT and LOSS ACCOUNT.

Dr. Cr.

$
Stock on hand on daySales
of . 19...................Other receipts, if any
Purchases .........Stock on hand on day
Trade expenses, viz- of 19......
$
Rent and taxes
Wages ..............
Miscellaneous ....

Balance being profit .........

G.H., Trustee.

(Date)

NOTE-This account to be submitted when the committee of inspection require,
and in any case at the end of the trading business carried on by the trustee.

FORM 149. [rule 168.]

AFFIDAVIT VERIFYING TRUSTEE'S TRADING ACCOUNT.

(Title.)

I, G.H., of the trustee of the property of the
above-named bankrupt, make oath and say that the account hereto
annexed is a full, true and complete account of all money received





and paid by me or by any person on my behalf in respect of the
carrying on of the trade or business of the bankrupt, and that the
sums paid by me as set out in such account have, as I believe,
been necessarily expended in carrying on such trade or business.
Sworn at, etc.
G.H., Trustee.

FORM 150. [s. 88; rule 176.]

STATEMENT OF ACCOUNTS UNDER SECTION 88.
(Title.)

Receipts. Payments.

Date. Of whom Nature of Amount. Date. To whom Nature of Amount.
received. receipt.paid.payment.

$ $

(Signature)
Dated this day of 19

FORM 151. [rule 182.]

AFFIDAVIT BY SPECIAL MANAGER.
(Title.)
I, of make oath and say as
follows-
1. The account hereunto annexed marked with the letter 'A',
produced and shown to me at the time of swearing this my affidavit,
and purporting to be my account as special manager of the estate
or business of the above-named debtor, contains a true account of
all and every sums and sum of money received by me or by' any
other person or persons by my order or to my knowledge or belief
for my use on account or in respect of the said estate or business.
2. The several sums of money mentioned in the said account
hereby verified to have been paid or allowed have been actually
and truly so paid and allowed for the several purposes in the
said account mentioned.
3. The said account is just and true in all and every the
items and particulars therein contained according to the best of
my knowledge and belief.
Sworn, etc.
(Signature)





FORM 152. [s. 94; rule 169.]

NOTICE TO CREDITORS OF INTENTION TO APPLY FOR RELEASE.
(Title.)
Take notice that I, the undersigned trustee [or late trustee]
of the property of the bankrupt, intend to apply to the court
for my release, and further take notice that any objection you
may have to the granting of my release must be notified to the
court within twenty-one days of the date hereof.
A summary of my receipts and payments as trustee is here
annexed.
Dated this day of 19

Trustee.

To
K.L.,
Creditor.

NOTE-Subsection (3) of section 94 of the Bankruptcy Ordinance (Chapter 6
of the Revised Edition), enacts that 'An order of the court releasing the trustee
siliall discharge him from all liability in respect of any act done or default made
by him in the administration of the affairs of the bankrupt, or otherwise in relation
to his conduct as trustee, but any such order may be revoked on proof that it was
obtained by fraud or by suppression or concealment of any material fact.' _

FORM 153. [s. 94; rule 169.]

APPLICATION BY TRUSTEE TO COURT FOR RELEASE.
(Title.)

I, G.H., the trustee of the property of the bankrupt, do hereby
report to the court as follows-:-
1. That the whole of the property of the bankrupt has been
realized for the benefit of his creditors [and a dividend to the
amount ofper cent has been paid as shown by the
statement hereunto annexed];
[or That so much of the property of the bankrupt as can,
according to the joint opinion of myself and the committee of
inspection, hereunto annexed in writing under our hands, be
realized without needlessly protracting the bankruptcy, has been
realized as shown by the statement hereunto annexed, and a dividend
to the amount of per cent has been paid];
[or That a composition (or scheme) under section 25 of the
Bankruptcy Ordinance has been duly approved by the court.]

2. I therefore request the court to grant me a certificate of
release.
Dated this day of 19

G.H.,

Trustee.





FORM 154. [s. 38 (6).]

NOTICE OF TRANSFER OF SEPARATE ESTATE TO JOINT ESTATE
FOR GAZETTE.

(Title.)

Notice is hereby given that there being in the hands of the
trustee in the above bankruptcy a surplus estimated at $
arising from the separate estate of [name of separate partner]
one of the bankrupts, and there being. no separate creditors of
such bankrupt, it is the intention of such trustee, at the expiration
of days from the appearance of this notice in
the Gazette, to transfer such surplus to the credit of the joint
estate in the said bankruptcy.

Dated this day of 19

Trustee.

PART II. [rule 31.]

REGULATIONS AS TO COSTS.

1. The scale of costs and the amount and the mode of taxa-
tion thereof shall be that applicable from time to time in the
original jurisdiction of the Supreme Court.

2. In respect of business connected with sales, purchases,
leases, mortgages and other matters of conveyancing, and in respect
of other business not being business transacted in court or in
chambers, and not being otherwise contentious business, the soli-
citor's remuneration shall (in the absence of any agreement to the
contrary) be regulated by the conveyancing scale charges for the
time being in force: Provided that, in cases of sales of mortgaged
properties, the trustee's solicitor shall be entitled to percentage only
upon so much of the proceeds of sale as shall not be chargeable
by the mortgagee's solicitor with the percentage, and such per-
centage shall be payable only out of the proceeds of sale.

3. All court fees and other proper disbursements shall be
allowed in addition to the remuneration in the authorized scale.

4. Extra allowance for length of sittings, or other increased
allowances not inconsistent with the scale, may be allowed: Pro-
vided that any such allowances shall have been ordered and certified
by the court at the time, or all such charges shall be disallowed.

5. Vouchers shall be produced on taxation for all payments,
or such payments shall be disallowed.

6. As to all fees or allowances which are discretionary, the
same are, unless otherwise provided, to be allowed at the discretion
of the Registrar, who in the exercise of such discretion is to take





into consideration other fees and allowances to the solicitor and
counsel, if any, in respect of the work to which any such allowance
applies, the nature and importance of the matter, the amount
involved, the interest of the parties, the estate or person to bear
the costs, the general conduct and costs of the proceedings, and
all other circumstances.

7. The allowances to witnesses in bankruptcy proceedings in
the court shall be in accordance with those from time to time
ordinarily made in proceedings in the original jurisdiction of the
Supreme Court.

PART III.

SCALE OF FEES AND PERCENTAGES.

[s. 114.] [18th Nov., 1932.]

IN BANKRUPTCY.

TABLE A.
..................................$c
1...........Declaration by a debtor of inability to pay his
debts, filing of ...............2.00
2.........................Bankruptcy notice 5.00
3........................Bankruptcy petition 50.00
4................Bond with sureties, including filing 6.00
5.......Affidavit other than proof of debts, including filing 2.00
6...............Subpoena, or summons under section 29 .50
7.................Marking exhibit, including filing .50
8............Proof of debt above $20, including filing . 1.00
9.....................Petition under section 112 50.00
10. (a) Application for an order of discharge including
expenses of gazetting .......25.00
(b) and for each creditor to be notified .50
11. Application for search other than by petitioner,
trustee, bankrupt or any officer of the court 1.00
12. Application to the court, except by the Official
Receiver when acting either as Official Receiver
or trustee, and except where otherwise
specifically provided for ........4.00
13. Order of the court, including filing 5.00
14. Office copy, each folio of 72 words .50





15. Allocatur by the Registrar for any costs, charges
or ffisbursements-
Where the amount allowed does not exceed $100 4.00
Where the amount exceeds $100-
for the first $100 .........4.00
for every additional $100 or fraction thereof 1.00

16. Application to the Registrar for payment of money
out of the Bankruptcy Estates Account 2.00

17. On every application to the court to approve a composition
a fee computed at the following rates on the gross amount of
the composition, i.e. $15 on every $1,000 or fraction of $1,000 up
to $50,000, and $7.50 on every $1,000 or fraction of $1,000 beyond
$50,000.

18. On every application to the court to approve a scheme of
arrangenient-a fee computed at the following rates on the gross
amount of the estimated assets (but not exceeding the gross amount
of the unsecured liabilities), i.e. $15 on every $1,000 or fraction
of $1,000 up to $50,000, and $7.50 on every $1,000 or fraction of
$1,000 beyond $50,000:
Provided that where a fee has been taken on a previous applica-
tion to the court to approve a composition or scheme, or where
a fee has been paid under this table on the account submitted
for audit, seven-eighths of the amount thereof shall be deducted
from the fee payable on an application to approve a composition
or scheme.

19. On every application for release by a trustee-a fee of
$2.50 on every $1,000 or fraction of $1,000 of assets realized and
brought to credit.

20. Registration of assignment of book debts under rule
127-

(a) On producing original assignment, filing $
attested copy thereof and certified translation
(when necessary) in the English language,
including registering and marking original 1.00
(b) Every search or official certificate of th~' result
of a search in one name in any register or
index in the custody of the Registrar . 1.00
(c) For every additional name if included in the
same certificate ........................................... .50
(d) For a duplicate copy of certificate if not more
than 3 folios ......- .50
(e) For every additional folio ..--- ---------------- .50
(f)On filing certificate (in English) or other
evidence of satisfaction to the approval of the
Registrar ..................1.00

TABLE B.

1. On the net assets realized or brought to credit by the
Official Receiver, whether acting as interim receiver, receiver or
trustee, or by a trustee other than the Official Receiver, after
deducting any sums paid to secured creditors in respect of their
securities, and not being. assets realized by a special manager or
moneys received and spent in carrying on the business of the





debtor, and on the net assets realized by an Official Receiver when
acting as trustee, or by a trustee other than the Official Receiver
to administer a debtor's property under a composition or scheme,
after deducting any sums paid to secured creditors in respect of
their securities, and not being moneys received and spent in carrying
on business of a debtor, a percentage according to the following
scale-
On the first $10,000..or fraction thereof ......... 7 1/2 per cent.
' ' next 15,000 .... 6 ' '
1125,000 ............. 4 1/2 ' '
1150,000 ............. 3 ' '
On all further sums .........2 ' '
Provided that where the assets realized or any part thereof
consist of the profit on exchange contracts the following percent-
ages shall be payable in respect of the net amount realized by
such contracts-
(a) Realized ..................2 1/2 per cent.
(b) Set off ...................1 ' '

2. On the amount distributed to creditors by the Official
Receiver or any other trustee, when acting as trustee under a
composition-
On the first $ 5,000 or fraction thereof 3 per cent.
next 5,000 ..................2 1/2 ' '
10,000 ......................1 1/2 ' '
On all further sums

3. On the amount distributed in dividend by the Official
Receiver, or any other trustee, when acting otherwise than as trustee
under a composition-
On the first $10,000 or fraction thereof..... 3 3/4 per cent.
next 15,000 ...... 3 per cent.
25,000 .............2 1/2 per cent.

50,000 .........
On all further sums . .......................................

4. For the Official Receiver acting as interim receiver of the
property of a debtor, in addition to the percentage chargeable on
realizations, on every order ....$45.00
and in addition, where the order is in force for a
longer period than fourteen days, for every seven
days after the first fourteen, and for every fraction
of seven days ...............15.00

5. For each notice by the Official Receiver to a creditor of
a first or any other meeting, or sitting of the court-
Where bhe estimated value of the assets exceeds
$1,000 each notice ..............50 cents.
Where the estimated value of the assets does
not exceed $1,000-
On the first twenty notices each notice 50
For each notice above twenty ....25
Each notice by the Official Receiver to a creditor
of an adjourned meeting or an adjourned
sitting of the court ............25





6. For the Official Receiver supervising a special menager or
the carrying on of a debtor's business, where the estimated assets
exceed $1,000-a fee according to the following scale-
Per
week.
$ c.
If the gross assets are estimated by the Official
Receiver..............not to exceed $5,000 15.00
If to exceed $ 5,000 but not to exceed $ 50,000 30.00
' ' 50,000 ' ' 100,000 45.00
' ' 100,000 ' ' 200,000 60.00
' ' 200,000 ..................................... 75.00

7. Travelling, keeping possession and other reasonable
expenses of Official Receiver or trustee-the amount disbursed.

8. For official stationery, printing, books, forms and postages
-each estate-
.....................................$ c.
for every ten applications to debtors to an estate,
or fraction of ten ..................1.50
Where the estimated assets exceed $1,000-
for every ten creditors or fraction of ten 7.50
Where the estimated assets do not exceed $1,000---
for every ten creditors or fraction of, ten up to
twenty ..............................7.50
for every ten creditors or fraction of ten above
twenty ..............................3.75

9. A fee according to the following scale on the gross amount
of the assets realized and brought to credit shall be paid-
(a)in respect of estates in which the Official Receiver acts as
trustee, when he accounts to the court under subsection
(3) of section 78 of the Ordinance;
(b)in respect of estates in which the Official Receiver is not
acting as trustee, when the trustee sends his accounts to
the Official Receiver under subsection (1) of section 93
of the Ordinance.
Scale.
$15 on every $1,000 or fraction of $1,000 up to $50,000
$7.50 on every $1,000 or fraction of $1,000 beyond $50,000:
Provided that where a fee has been taken on an application
to approve a composition or scheme of arrangement, seven-eighths
of the, amount thereof shall be deducted from the fee. ,

10. On every payment of money out of the Bankruptcy Estate
Account-20 cents on each $10 or fraction of $10 to be charged
as follows-
When the money consists of unclaimed dividends-on each
dividend paid out.
When the money consists of undistributed funds or balances
-on the amount paid out.

TABLE C. [rule 181.]

Scale of allowances to auctioneers, accountants
and special managers.

All the following charges shall be subject to reduction by
agreement with the Official Receiver or the trustee.





1-Auctioneers.

Pure personal property. $

For inventory only and one copy (not exceeding
5 folios) .........................15.00
For every additional folio beyond 5 up to 20 and
one copy ..........................1.00
For each folio above 20 and one copy .75
For inventory and valuation-
On the first $1,000 .........2 1/2 per cent.
' ' next 4,000 ............1
Above $ 5,000 up to $100,000 ... 1 3/4 ' '
' 100,000 .......................................... 1/2 ' '
For sales by private contract based on the valuation-half the
above charges for inventory and valuation.
For sales by auction, in addition to suzh out-of-pocket expenses
as may be authorized at the time by the Official Receiver or
trustee-
On the first $1,000 ...........6 per cent.
next 4,000 ....................5
5,000 .........................4
Aove,' $10','000 ..... 2 1/2

Leaseholds.

For sales by auction of leasehold property including prior
valuations, for determining amount of reserve bids; and for sale,
by private contract, to include prior valuation-
On the first $ 3,000 5 per cent.
next 17,000 .......2 1/2 ' '
Above $20,000 up to $50,000 1 1/2 ' '
' 50,000 ............1 ' '

2-Architects.

For valuation of leasehold property and reporting thereon-a
fee to be fixed by agreement but not to exceed-
On the first $10,000 ..........1 per cent.
' ' next 90,000 ................ 1/2 ' '
Above $100,000 ................ 1/4 ' '

Cost of surveys, dilapidations and specifications-in discretion
of caxing officer, $25 to $100.

The foregoing charges to be in addition to such out-of-pocket
expenses as may be authorized at the time by the Official Receiver
or trustee.

General.

An architect or auctioneer who uses his own motor car or
motor cycle, instead of travelling by railway or hired vehicles,
shall be entitled if the taxing officer is satisfied that such user
was reasonable to an allowance not exceeding 25 cents per mile.
Fees for services not provided for in the scale may be fixed
by agreement with the trustee and the consent of the committee
of inspection.





3-Special manager's and accountant's charges.

Where the employment of a special manager or accountant has
been duly sanctioned, and in the absence of any special arrange-
ment with the Official Receiver or the trustee for a smaller amount,
the following charges may be allowed-
For carrying on a business and supervising
same and all accounting, collecting and
realizing assets in respect thereof or pre-
paring balance sheet, investigating
accounts, etc-principal's time, exclusively
so employed, per day of six hours,
including - necessary affidavit verifying
accounts . ......................100 to 175
Chartered or Incorporated Accountants other
than principals .................75 ' 100
Chief clerk's time ..............20 ' 45
Other clerk's time, per day of seven hours 5 ' 20
These charges shall include stationery, except the forms used.

N.B.-Only the minimum charges will be allowed as a rule, unless there is good
reason for increasing them, such as the difficulty and unusual nature of the
business to be carried on, the complexity of negotiations or other similar
considerations.

CHAPTER 7.
(Ordinance No. 1 of 1883).

DISTRESS FOR RENT.

No subsidiary legislation.

CHAPTER 8.
(Ordinance No. 2 Of 1889).
EVIDENCE.
No subsidiary legislation.
Regulations-Fraser, vol. 3, p. 1146. Short title. R1. Interpretations. R3. Computation of time. R4. (Cap. 6). Use of forms in Appendix. R5. Matters to be heard in court. R6. Adjournment from chambers to court and vice versa. R9. (Cap. 6) Proceedings, how intituled. R10. Form 1. (Cap. 6) Records of the court. R12. Notices to be in writing. R13. (Cap. 6.) Meetings summoned by court. R15. Form 39. Filing gazetting, etc. R17. (Cap. 6) Preparation of order. R37. Forms 70, 78, 80, 85 to 92. Security by bond. R38. Form 19. Amount of bond. R39. Deposit in lieu of bond. R40. Money lodged in court. R41. Security of guarantee society. R42. Notice of sureties. R43. Form 20. Justification by sureties. R44. Form 21. Execution of bond. R45. Notice of deposit. R46. Application of section 125. R48. (Cap. 6). Shorthand notes, etc. R67. Forms 55 to 58. Discovery R73. [r. 24 cont.] Examination under section 29. R74. Forms 112 to 114. (Cap. 6) To whom warrants addressed. R80. Forms 105, 108 to 110, 115. Custody and production of debtor. R81. Form 110. Execution of warrant. R82. Form 115. Form 116. Application to commit, B83. Forms 94 to 97. Notice and hearing of application. R84. Forms 98 to 100, 104. (cap. 6) Regulations as to costs. R103. Solicitor's costs in case of petition by debtor. R105. certificate of employment. R109. Notice of appointment. R112. Lodgment of bill. R113. Copy of bill. R114. Applications for costs. R115. Costs of shorthand notes. R118. (Cap. 6) Disallowance of costs of unnecessary petition. R119. Apportionment of costs in case of partnership. R120. Costs and of joint and separate estates. R121. [r. 41 cont.] Form of declaration. R136. Form 2. Issue of notice. R138. Forms 4, 5. Indorsement of address, etc. R140. Form 8. Application to set aside. R141 Form 8. Duration of notice. R142. Service of notice. R143. Forms 7, 15, 16. Setting aside notice. R144 Form 9. Description and address of debtor. R146. Form 3. [r. 49 cont.] Attestation. R148. Deposit by petitioner. R149. (Cap. 6.) Registration of petition in Land Office or District Land Office. Registration of petition in Land Officer or District Land Office against partner. Security for costs. R150. (Cap. 6) Verification. R151. Forms 10 to 12. Who to verify. R152. Joint petitioners. R153. Service R155 Form 14. Death of debtor before service of petition. R159. Form and contents of order. R161. Form 13. Deposit. R162. Further deposit necessary. R163. Repayment of deposit. R164. [cf. Cap. 6, s. 37.] Damages if petition dismissed. R165. Time of hearing. R167. Several respondents. R168. Debtor intending to show cause. R169 Form 17. Non-appearance of debtor. R170 Forms 23, 25, 26. Hearing of petition. R171. Non-appearance of creditor. R172. Application to withdraw petition. Registration of receiving order or order of adjudication in Land Office or District Land Office. Registration of receiving order or order of adjudication in Land Office, or District Land Office, against partner. Service of receiving order. R182. Forms 25, 26 Service where debtor abroad. R183. Receiving order on bankruptcy notice. R184. Stay of proceedings. R185. Advertisement. R186. Form 27. Costs of petition, etc. R187 (Cap. 6.) Application to rescind order, to stay proceedings thereunder or to annual adjudication R182. Forms 18, 19, 79. Application by Official Receiver. Report by Official Receiver on application to rescind receiving order or annul adjudication. R188A. How made out. R189. Form 28. Extension of time. R190. (Cap. 6). Adjournments sine die. R195. Application to proceed. R196. Proceeding after adjournment sine die. R197. Notice of proceeding after adjournment sine die. R198. Form 54. Public examination or debtor who is a lunatic, etc. R199. Forms 60, 61. (Cap. 6.) Application. R227. Forms 81 to 84. Appeals. R229. (Cap. 6) Report of Official Receiver. R230. Evidence in answer to report. R231. Costs of application. R232. Orders conditional on consent to judgment. R233. Forms 90 to 92. Order. R234. Forms 85 to 89. Gazetting order. R235. Execution on judgment in case of conditional discharge. R236. Accounts of after-acquired property. R237. Verification of statements of after-acquired property. R238 Form 93. Application for modification of order. R239. Notice to debtor of first meeting. R240 Forms 29, 35, 39. Notice of first meeting. R241 Forms 30, 31, 39, 40. Notices of other meetings. R242 Forms 31, 32, 43, 44. Non-reception of notice by creditor. R243. Notice to Official Receiver of creditors' meetings. R244. Proof of notice. R245 Forms 33, 34, 41, 42. Cost of creditors' meetings. R246 Adjournment R248 Form 37. Quorum R249. Swearing of proof. R250 Forms 46, 47. Workmen's wages. R251 Form 48. Production of bills of exchange and promissory notes. R252. Time for lodging proofs. R253. Transmission of proofs to trustee. R254. Time for admission or rejection of proofs by Official Receiver. R259 Form 49. Time for admission or rejection of proof by trustee. R260. Form 49. Notice of admission of proof R261. Appeal form refection of proof. R262. Costs of appeals form decisions as to proofs. R263. Filing of proxies. R264 Forms 50, 51. Signature of proxy. R265 Filling in when creditor blind, etc. R266. Minors not to be proxies. R267. Notice of intended dividend. R268 Forms 138, 139, 141. [r. 123 cont.] Production of bills, notes, etc. R269. (cap. 19) Dividend may be sent by post. R270. Payment of dividends to a nominee. R271. Form of register. Form 117. (Cap. 6) Notice to bankrupt of application. R272. Forms 118, 119. (Cap. 6) Review of order. R275. [r. 129 cont.] Disclaimer of lease. R276 Forms 123 to 130. Public officer or agent of company, etc. R277. Attestation of firm signature. R278. Debtor's petition by firm. R281. [r. 133 cont.] Creditor's petition by firm. Creditor's petition against firm. Petition by limited partnership. [cf. R283] (Cap. 37) Statement of affairs. R287. First Meeting. R291. Acceptance of composition, etc., by joint and separate creditors. R292. Voting on composition. R293. Adjudication. Trustee. R294. (Cap. 6.) Separate firms. R295 Lunatics. R297 [r. 143 cont.] (Cap. 6) verification of petition. R299 forms 134, 135. Deposit. Gazetting R300 Form 136. Service. R301. Duties of executor, etc. R302. [r. 148 cont.] Meetings of creditors. Trustees, etc. R304. Duties as to debtor's statement of affairs. R311 Form 28. Subsistence allowance to debtor. R312. Special report as to person employed to assist debtor. R313. (cap. 6) Use of proxies by deputy. R314. Registrar to act in sudden emergency. R317. Removal of special manager. R318. Mode of application to court. R319. Evidence on application by Official Receiver. R320. [r. 157 cont.] Application of directions. R321. (Cap. 6.) Accounting by Official Receiver. R323. Accounts of debtor. R325. Liability for costs, expenses and damages. R326. [r. 161 cont.] Notice of appointment. R327. Grounds for refusing to appoint. R330. (Cap. 6.) Removal for failing to keep up or increase security. R331. Removal by court, R332. Notice of resignation. R333. Limit of remuneration. R335. Trustee carrying on business. R337. Forms 147 to 149. Application for release. R338. Forms 137, 152, 153. Gazetting of lease. R150. Delivery of books, etc., on release of trustee. R340. Meeting to consider removal of trustee. R341. Bank account. R342. [r. 173 cont.] Application for directions. R344. Forms 131, 132. Creditor may obtain copy of trustee's accounts. R345. Statements of accounts to be furnished to creditors. R346. Form 150. (Cap. 6) Purchase of part of estate by trustee or committee forbidden. R347. Dealings with estate by trustee and committee of inspection. R348. Discharge of costs, etc., before estate handed over to trustee. R349. (Cap. 6) [r. 179 cont.] Meetings of creditors to consider conduct or trustee. R350. Remuneration of special manager. R351. Accounts. R352, Form 151. Standing security to Registrar. R353. Gazetting notices. R354. Re-gazetting. R355. Gazetting annulment of order already gazetted. R356. Record of minutes, etc., R360. [r. 187 cont.] cash book. R361. Books to be submitted to committee of inspection. R362. Audit of cash book. R363. Form 145. Official Receiver's audit of trustee's accounts. R364. Form 146. Accounts to be filed. R365. Affidavit of no receipts. R366. Proceedings on resignation, etc., of trustee. R367. Joint and separate estates accounts. R368. Expenses of sales. R369. Allowance to debtor. R370. (Cap. 6). Application for payment out by party entitled. R372. Accounts by trustees of unclaimed funds. R373. Falsification of documents. R382. No lien on debtor's books. R383. Disposal of bankrupt's books and papers. R284. Non-compliance with rules. R385. Abridgment or enlargement of time. R386. Saving for existing laws, etc. R387. (Cap. 6). (Cap. 4, rules) (a) Insert the other address or addresses at which unsatisfied debts or liabilities may have been incurred. (a) Insert description, name and address of judgment debtor. (b) 'me' or as the case may be. (c) or solicitor of the judgment creditor. (a) Strike out such of the grounds authorized. (b) Insert name of creditor. (c) 'him' or 'them'. (d) 'his' or 'their'. (e) Name of creditor. (f) Name and address of solicitor suing out the notice or 'This notice is sued out by in person.' (a) Insert name of debtor. (b) insert present address and description of debtor. (c) Insert address or addresses at which the debtor has lately resided or carried on business. Note.-The address at which the debtor was residing or carrying on business when the petitioning creditor's debt was incurred should in all cases appear in the petition (see rule 49.) (a) Add this in case of a petition. Sheet 'L' should be substituted for any one or more of such of the sheets named as will have to be returned blank. Strike out words which do not apply. (1) This date should be twelve months before date of receiving order, or such other time as Official Receiver may have fixed. (2) this schedule must show when debts were contracted. (3) Specify all dependants. (4) here add particulars of other losses or expenses (if any), including liabilities (it any) for which no consideration received. (5) Strike out words which do not apply. (6) These figures should agree. (a) Strike out such of the grounds as are not applicable. (a) Here insert 'has not been lodged' or 'has been lodged.' (a) Insert here if necessary 'adjourned'. (a) Insert here if necessary 'adjourned'. (a) 'first' or as the case may he. (b) Here state reason for adjournment. [Here insert purpose for which meeting called] (a) 'trustee' or 'Official Receiver.' (a) Insert here 'the time and place of a general meeting or adjourned general meeting' or as the case may be. (a) Insert here 'the time and place of a general meeting or adjourned general meeting' or as the case may be. (a) Here insert the number of matter, and the name of debtor, as given on the notice of meeting. (b) Fill in full name, address and occupation of deponent. If proof made by creditor strike out clauses(c and (d). If made by clerk of creditor strike out (d). If by clerk or agent of company strike out (c). (e) Insert 'me' or in case of a firm 'me and C.D. and E.F. my co-partners trading as', or if by clerk, insert name, address and description of principal. Debt....$ : Contra ...$ : $ : NOTE THIS (f) State consideration, as - Goods sold and delivered by me [and my said partner] to him [or them] at his [or their] request between the dates of [or moneys advanced by me in respect of the undermentioned bill of exchange], or as the case may be. *Strike out the words not applicable. (g) 'my said partners of any of them' or 'the above-named creditor', as the case may be. (a) Fill in full name address and occupation of deponent. (b) the above-named debtor or the foreman of the above named debtor or on behalf of the workmen and others. employed by the above-named debtor. (c) I or the said. (d) my employ or the employ of the above-named debtor. (e) me or the above named debtor (a) If proof wholly rejected strike out words underlined. (b) 21 days or 7 day as the case may be . See Rules 117 and 123(2). (a) If a firm write 'we' instead of 'I' and set out the full name of the firm. (b) Here insert either 'Mr. of ' or clerk, manager etc., in my regular employ'or the Official receiver. The standing or the person appointed must be clearly set out. (c) 'my' or 'our' (d) See footnote 1. (e) If a firm, sign the firm's trading title, and add 'by A.B., a partner in the said firm'. As to signature by agent, see footnotes 2 and 3. (f) It is not intended that the Official receiver shall in any case receive dividends on behaof of a creditor. (g) The official receiver or trustee may require the authority to sign to be produced for his inspection. (a) If a firm write 'we' instead of 'I' and set out the full name of the firm. (b) Here insert either 'Mr. of ' or the Official receiver. (c) 'my ' or 'our'. (d) Here insert the word'for' or the word 'against' as the case may require and specify the particular resolution or name of proposed trustee, remuneration. or other matter. (e) If a firm, sign the firm's trading title, and add 'by A.B., partner in the said firm' As to signature by agent see footnotes 2 and 3. (f) The Official Receiver or trustee may require the authority to sign to be produced for his inspection. (a) Insert here word 'further' if necessary. [Set out any further order of the court.] (a) Insert name and address of applicant, and the capacity in which he makes the application. (b) State what the disability is. (a) Insert name and address of applicant, and the capacity in which he makes the application. (b) The part of the order to be adapted to the circumstances of the case. (c) Insert place of examination. (d) Insert name of any other person authorized by the court to attend. (a) To be signed by the debtor, or in the case of joint debtors, to be signed in the firm name by such of the debtors as the Official Receiver shall require. (a) To be signed by the debtor, or in the case of joint debtors, to be signed in the firm name by such of the debtors as the Official Receiver shall require. (a) 'composition' or 'scheme of arrangement. (b) 'the prescribed notices cannot be given'; or 'the moneys or securities required for the said (a) have not been lodged'; or as the case may be. (a) Notice of this application was on the day of , 19, sent by post addressed to the debtor. Or the debtor has consented, in writing to the court adjudging him bankrupt. (a) Here state particulars of the finding of the court. Where debtor does not submit to examination. Where debtor fails to attend a meeting other than the first. Where debtor fails to execute a deed. Where debtor fails to attend a meeting other than the first or to execute a deed. Where debtor fails to obey special orders of court. Where debtor has failed to deliver up property. (a) Here insert the full address or addresses. (b) 'the said Official Receiver [or trustee] at' or otherwise as the court may direct. (a) State any particular documents required, e.g. all ledgers and books of account, invoices, statements of account, letters, books, papers and documents of every kind, in any manner relating to your dealings and transactions with A.B. a bankrupt, touching a debt alleged to be due by you to the due bankrupt's estate amounting to the sum of $ (a) lease or tenancy as the case may be. (b) Here specify property let. (a) Here insert particulars of demised property. (b) the above-named bankrupt or as the case may be. (a) lease dated the or as the case may be. (b) Insert description of the property. (c) a tenancy or for a term of years or as the case may be. (d) Insert names and addresses of persons to whom notice given. (a) Here insert names and addresses of persons to whom notice of intention to disclaim has been given. (b) Here insert particulars of demised property. (c) the above-named bankrupt or as the case may be. (d) Insert names and addresses of persons to whom notice of disclaimer has been given. (a) Insert description of the property disclaimed. (a) the lease dated the day or or as the case may be. (b) Insert description of property disclaimed. (c) on a tenancy or for a term of years or as the case may be. (d) Add where necessary pursuant to notice dated the day of , 19 (a) 1st or as the case may be. (b) Insert number of creditors. (a) Insert here first or second or final or as the case may be. (a) Strike out word inapplicable. If not to be sent by post strike out words in italics, and insert the name of the person who is to receive the cheque or money order. (a) Here state capacity in which person employed or engaged. (a) is or is not.