BANKRUPTCY ORDINANCE, 1891

BANKRUPTCY ORDINANCE, 1891

No. 7 of 1891.
An Ordinance to amend the law relating to bankruptcy.

[1st January, .1892.]

1. This Ordinance may be cited as the Bankruptcy Ordi-
nance, 1891.

2. In this Ordinance

(a) Available act of bankruptcy means any act of
bankruptcy available jor a bankruptcy petition at the date

As amended by Law Rev. Ord., 1923.





of the presentation of the petition on which the receiving
order is made.
(b) The court means the Supreme Court.
(c) Gazetted means published in the Gazette.
(d) Goods includes all chattels personal.
(e) Ordinary resolution means a resolution decided by
a majority in value of the creditors present, personally or
by proxy, at a meeting of creditors and voting on the
resolution.
(f) Property inclueds money, goods, things in action,
land, and every descirption of property, real or personal,
immovable or movable, corporeal or incorporeal, and whether
situate in this Colony or elsewhere, and any interest therein
whether at law or in equity, present or future, vested or
contingent, arising out of or incident to property as above
defined.
(g) Provable debt includes any debt or liability
provable in bankruptcy under this Ordinance.
(h) The Registrar means the Registrar of the Supreme
Court.
(i) Secured creditor means a person holding a mortgage,
charge, or lien on the property of the debtor or any part
thereof as a security for a debt due to him from the debtor.
(j) Special resolution means a resolution decided by a
majority in number and three-fourths in value of the creditors
present, personally or by proxy, at a meeting of creditors
and voting on the resolution.
(k) Suit and action are synonymous terms.
(l) The trustee means the trustee in bankruptcy of the
debtor's estate.

PART I

PROCEEDINGS FORM ACT OF BANKRUPTCY TO DISCHARGE.
Acts of bankruptcy.

3.-(1) A debtor commits an act of bankruptcy in each of
the following cases:-
(a) if, in this Colony or elsewhere, he makes a conveyance
or assignment of his property to a trustee or trustees for the
benefit of his creditors generally; or








(b) if, in this Colony or elsewhere, he makes a fraudulent
conveyance, gify, delivery, or transfer of his property or of
any part thereof; or
(c) if, in this Colony or elsewhere, he makes a conveyance
or transfer of his property or any part thereof or creates any
charge thereon which would be void as a fraudulent
preference if he were adjudged bankrupt; or
(d) If, with intent to defeat or delay his creditors, he does
any of the following things, namely, departs out of this
Colony, or being out of this Colony, remains out of it, or
departs from his dwelling-house, or otherwise absents him-
self, or begins to keep house, or removes his property or any
part thereof beyond the jurisdiction of the court; or
(e) if execution against him in proceedings in the court
has been levied by seizure of his goods, and the goods have
been sold or held by the bailiff of the court for twenty-one
days; or
(f) if he files in the court a declaration of his inability to
pay his debts or presents a bankruptcy petition against him-
self; or
(g) if a creditor has obtained a final judgment against him
for any amount and, execution thereon not having been
stayed, has served on him in this Colony, or by leave of the
court elsewhere, a bankruptcy notice under this Ordinance
requiring him to pay the judgment debt in accordance with
the terms of the judgment or to secure or compound for it to
the satisfaction of the creditor or the court, and he does not,
within eight days after service of the notice, in case service
is effected in the Colony, or, in case service is effected else-
where, within the time limited in that behalf by the order
giving leave to effect service elsewhere, either comply with
the requirements of the notice or satisfy the court that he
has a counterclaim, set-off, or cross-demand which equals or
exceeds the amount of the judgment debt and which he could
not set up in the action in which the judgment was obtained;
or
(h) if he gives notice to any of his creditors that he has
suspended or that he is about to suspend payment of his
debts.
(2) A bankruptcy notice under this Ordinance shall be
issued to a judgment creditor by the Registrar on the filing
of a request for that purpose.






(3) In this section, debtor includes a person who, though
not himself personally Within the Colony, carries on business
by an agent within the Colony and possesses assets therein.

In the case of a person who is not, a British subject, the
meaning of the word debtor is not confined to a person
who is personally present in the Colony when he commits
the act which is made an act of bankruptcy.

Receiving order and Official Receiver

4. Subject to the conditions hereinafter specified, if a
doldor cominits an act of bankruptcy the cour may, on a
bankruptcy petition being presented either by a creditor or
by the debtor, make an order, called a receiving order, for
the protection of the estate.

5.---(1) SubJect to the. provisions of section 6, a, creditor
shall not be entitled to present a bankruptcy petition against
a debtor unless-

(a) the debt owing bY the debtor to the petitioning creditor,
or, if two or more creditors join in the petition, the aggregate
amount of debts owing to the several petitioning creditors,
to three hundred dollars; and

(b) the debt is a liquidated sum payable either immediately
or at some certain future time; and

(c) the act of bakruptcy on which the petition is grounded
has occurred within four months before the presentation of
the petition; and
(d) the debtor is domiciled in the Colony or, within a year
before the date of the presentation of the petition, has
ordinarily resided or had a dwelling-house or place of
business in the colony.
(2) if the petitioning creditor is a secured creditor, he
must in his petition either state that he is willing to give up
his security for the benefit of the creditors in the event of
the debtor being adjudged bankrupt or give and estimate of
the value of his security. In the latter case he may be
admitted as a petitioning creditor to the extent of the balance
of the debt due to him, after deducting the value so estimated,
in the same manner as if he were an unsecured creditor.

As amended by Law Rev., Ord., 1923





6. The following provisions shall have effect in the case
of a firm carrying on business in the colony:-

(1) a creditor of the firm shall be entitled to present a
bankruptcy petition against the firm, and a receiving
and an order of adjudication may be made against the firm in
of in act of bankruptcy conimitted in reference to
the business of the firm by any partner of the firm or by any
person having the control or managemnent of the business of
the firm. An act of bankruptcy shall be deeined to be
committeed in reference to the business of the firm in all
cases in which the act relates to the property or creditors of
the firm and would be art act of bankruptcy by such partner
or person as aforesaid If it related to his property or creditors;

(2) it shall be sufficient that a receiving order against the
firm be made in the firm name, without mentioning the names
of the partners, and such receiving order shall alfect the
joint and separate property of all the partners, and the like
provisions shall apply in respect of an adjudication of bankruptcy;

(3) the right of a creditor to preselit a bankruptcy petition
against the firm and the jurisdiction of the court to make a
receiving order or an adjudication of bankruptcy against
the firm, shall not be affected by the fact, if it is so, that all
or any of the partners of the firm are not British subjects or
are not resident or domiciled in the Colony; and

(4) the provision's of this section shall verified by affidavit
of the case will permit, apply to any person carrying on
business in the Colony in a name or style other than his own
name.

7.-(1) A creditor' petition shall be verified by affidavit
of the creditor, or of some person on his behalf having
knowledge of the faces, and served in the same manner is a
writ of summons.

(2) It shall not be heard until the expiration of eight days
from the service thereof, except by leave of the court on
good cause shown.

(3) At the hearing the court shall require proof of the
debt of the petitioning creditor, of the service of the
and of the act of bankruptcy or, if more acts of bankruptcy

As amended by Law Am. Ord., 1923.





than one, are alleged in the. petition, of some, one of the
alleged acts of bankruptcy, and, if satisfied with the proof,
may make a receiving order in pursnance of the petition.

(4) If the court is not satisfied with the proof of the
petitioning creditor's debt, or of the service of the petition,
or of the act of bankruptcy, or is satisfied by the debtor that
he is able to pay his debts, or is satisfied that there are and
will be no substantial assets for division among the creditors,
or that for other sufficient cause no order ought to be made,
the court may dismiss the petition.

(5) A debtor intending to show cause against a petition
shall file with the Registrar specifying the statements
in the petition he intends to dispute, and shall serve on the
petitioning creditor or his solicitor a copy of such notice two
days before the day on which the petition is to be heard.

(6) Where the debtor appears on the petition and denies
that he is indebtal to the petitioner, or that he is indebted
such an amount as would justify the petitioner in presenting
a petition against him, the court, on such security, if any
being given as the court may require for payment to the
petitioner of any debt which may be established against him
in due course of law and of the costs of establishing the
debt, may, instead of dismissing the petition, stay all pro-
ceedings on the petition for such time as may be required
for trial of the question relating to the debt.

(7) Where proceedings are stayed, the court may, if by
reason of the delay caused by the stay of proceedings or for
any other cause it thinks just, make a receiving order on the
petition of some other creditor, and shall thereupon dismiss,
on such terms as it thinks just, the, pefition in which
proceedings have been stayed as aforesaid.


8. --(1) A debfor's petition shall allege that the debtor is
unable to pay his debts and the presentation thereof shall
be deemed an act of bankruptcy without the previous filing
hy the debtor of any declaration of inability to pay his debts,
and the court shall thereupon make a receiving order:
Provided that it shall be lawful for the court, in its discre-
tion, to refuse the order unless it is satisfied that there are
or will be substantial assets for division among the creditors.





(2) A debtor's petition shall not after presentment be
withdrawn without the leave of the court.

9.--(1) The Governor may appoint such persons as he
thinks fit to be Official Receiver and Deptity Official Rewelvel,
of debtors' estates under tbis Ordinance and may remove
such persons from such offices.
(2) The Official Receiver shall act under the general
withority and direction of the Governor and shall also be an
officer of the court.

(3) Every Deputy Official Receiver shall have all the
powers conferred on the Official Receiver by this Ordinance
or by any Ordinance amending or substituted for the same.

(4) Every Deputy Official Receiver shall act under the
gemeral authority and direction of the Official Receiver for
the time being, or it there be no Official Receiver for the
time being, under the general authority and direction of the
Governor, and shall also be an officer of the court.

10.---(1) On the making of a receiving order, the Official
Recever shall be thereby constituted receiver of the property of
the debtor, and thereafter, except as directed by this Ordinance,
no creditor, and whom the debtor is indebted in drespect of any
debt, provable in bankruptcy shall have any remedy against
the property or person of the debtor in respect of the debt
or shall commence or continue any action or other legal pro-
ceedings, except with the leave of the court and on such
terms as the court may impose. On making the receiving
order, the court may , if it thinks fit, direct that no execution
against the person of the debtor shall be stayed until the
orders of the court in relation to the bankruptcy proceedings
or until further order, and in such case any creditor may, in
the meantime, proceed to execution against the person of the
debtor in the same way as if no receiving order had been
made.

(2) Nothing in sub-section (1) shall affect the power of
any secured creditor to realize or otherwise deal with his
security the same manner as he would have been entitled
to realize or deal with it If this section had not been passed.

As amended by No. 2 or 1915 and Law Rev. Ord., 1923.





(3) If, at the date of the receiving order, the debtor is
a prisoner under an execution for a civil debt, he shall not
be entitled to his release except by order of the court, but
the court may, in its discretion, order his release either
unconditionally or subject to such conditions as it may deem
fit to secure the debtor's presence at the subsequent proceed-
ings or otherwise.

11.-(1) The court, if it is shown to be necessary for the
protection of the estate, may, at any time after the presenta-
tion of a bankruptcy petition and before a receiving order is
made, appoint the Official Receiver to be interim receiver of
the property of the debtor or of any part thereof, and direct
him to take immediate possession thereof or of any part
thereof, including all books of account and other papers and
documents belonging to the debtor and relating to his
business.

(2) At any time after the prsentation of a bankruptcy
petition, the court may, in its discretion, stay any action,
execution, or other legal process against the property or
person of the debtor or allow it to continue on such terms as
it may think just.

12.-(1) In any case where it is desirable that the debtor's
business be temporarily carried on and it is inconvenient
for the Official Receiver to carry it on, the court may appoint
a special manager for the purpose to act under the direction
of the Official Receiver until the appointment of the trustee.

(2) The court may also, if necessary, appoint an interin
receiver for the proctection of the estate to act under the
direction of the Official Receiver.

(3) The special manager or interim receiver shall receive
such remuneration and give such security as the court may
order.

13. Notice of every receiving order, stating the name,
address, and descirption of the debtor, the date of the order,
and the date of the petition, shall be gazetted and advertised
in at least one local newspaper by the Official Receiver.

14.-(1) As regards the estate of the debtor it shall be
the duty of the Official Receiver:





(a) to act as interim receiver of the debtor's estate pending
the appontment of a trustee, and, where a special manager
has not been appointed, to act as manager thereof;

(b) to raise money for the purposes of the estate in any
case where, in the interests of creditors, it appears necessary
to do so;

(c) to take possession of all the books, documents and
papers of the debtor and of all or any part of the property of
the debtor;

(d) to summon and preside at the first meeting of creditors;

(e) to issue forms of proxy for use at the meetings of
editors;

(f) to report to the creditors as to any proposal which the
debtor may have made with respect to the mode of liquidat-
ing his affairs;

(g) to advertise the receiving order and the date of the
creditors' first meeting and of the debtor's public examination
and such other matters as it may be necessary to advertise;

(h) to act as trustee during any vacancy in the office of
trustee; and

(i) to assist the debtor in preparing his statement of affairs,
in case the debtor has no solicitor acting for him and is
unable properly to prepare it himself.

(2) As regards the debtor it shall be the duty of the
Official Receiver-

(a) to investigate the conduct of the debtor and to report
to the court stating whether there is reason to believe that
the debtor has committed any act which consititutes an offence
under this Ordinance or which would justify the court in
refusing, suspending, or qualifying an order for his discharge;

(b) to conduct the public examination of the debtor; and

(c) to assist in the prosecution of any fraudulent debtor.

(3) The Official Receiver shall, on the appointment of a
trustee other than himself, account to the court for all his
dealings with the estate, and, on passing such accounts, shall
be entitled to be paid out of the estate such fee as the court
may order.





Proccedings consequent on receiving order.
15.-(1) As soon as may be after the making of a receiving
order against a debtor, the first general meeting of his
creditors shall be held for the purpose of considering
whether a proposal for a composition or scheme of arrange-
ment can be entertained or whether it is expedient that the
debtor shall be adjudged bankrupt, and generally as to the
mode of dealing with his property.

(2) Unless the court otherwise orders, such meeting shall.
be held within twenty-days of the date of the receiving
order, and not less than three days notice of the time and
place thereof shall be given in the Gazette and a local
newspaper.

(3) The meeting shall be presided over by the Official
Receiver and the proceedings therat shall be recorded by
him in writing.

(4) A person shall not be entitled to vote at the first or
any subsequent meeting unless he has proved his debt.

(5) A creditor who has proved may vote either in person
or by proxy appointed under his hand or by attorney duly
authorised in that behalf. A person claiming to vote for or
on behalf of a creditor shall satisfy the Official Receiver of
his right to do so or be precluded from voting.

(6) The meeting may be adjourned from time to time and
from place to place.

(7) Previous to the first meeting it shall be the duty of
the Official Receiver to give notice in writing, as he may
think fit, to such persons as are mentioned as creditors in
the debtor's statement of affairs or as he knows to be or has
reason to believe are creditors of the estate. The notice shall
state-

(a) the time and place of meeting;

(b) that the creditor cannot vote unless he previously
proves his debt;

(c) that forms of proof and proxy can be obtained at the
office of the Official Receiver during office hours; and

(d) that at such meeting the creditors will be asked to
consider whether the debtor shall be adjudged bankrupt or
whether they will entertain a proposal for a composition or
scheme of arrangement.






(8) Any subsequent meeting shall be summoned by giving
notice in writing to such of the creditors as have proved, and
such notice shall state the object for which such meeting is
summoned.

16.-(1) Where a receiving order is made, the debtor shall
make out and submit to the Official Receiver a statement of
and in relation to his affairs, verified by affidavit, and show-
ing particulars of his assets, debts, and liabilities, the names,
residences and occupations of his exeditors, whether in the
Colony or elsewhere, the securities held by them respectively,
the dates when the securities were respectivelt given, and
the debtor's personal expenses and, if any, business expenses
for the lase preceding three years.

(2) The statement shall be made and deposited with the
Official Receiver within seven days of the making of the
receiving order, unless the time is extended by the court.

(3) If the debtor falls, without reasonable exciise, to comply
with the requirements of this section, he may be punished
for a contempt of court, and the court may, on the applica-
tion of the Official Receiver or of any creditor, adjudge him
bankrupt forthwith.

Public examination of debtor.

17.-(1) As soon as may be after the time limited fodr
filing the statement of affairs, the court shall hold a public
Sitting, on a day to be appointed, for the examination of the
debtor, and the debtor shall attend thereat and shall be
examined as to his conduct, dealings, and property.

(2) The Official Receiver and any creditor may take part,
in the examination of the debtor, and the court may put such
questions as it may deem expedient.

(3) The Official Receiver may, if specially authorised by
the court, employ a solicitor, with or without counsel, to
conduct such examination, but no Solicitor or counsel shall
be allowed to take part in the examination on behalf of the
debtor.

(4) The debtor shall be emumned upon oath, aud It shall
be his duty to answer all such questions as the court may
put or allow to be put to him, and it shall not be lawful for
the debtor to refuse to answer any question on the ground
that the answer might tend to eriminate him under the
provision of this Ordinance.







(5) Such notes of the examination as the court thinks
proper shall be taken down in writing, and shall be read
over to and signed by the debtor and may thereafter be used
in evidence against him.

(6) The examination may be adjourned from time to time,
and shall not be concluded until after the day appointed for
the first meeting of creditors.

(7) The examination may be held by a commissioner of the
court, if the court so orders, and in such case the commis-
sioner appointed shall have all the powers of the court with
respect to the examination.

Composition or scheme of arrangment.

18. ---(1) The creditors may, at the first meeting or any
adjournment thereof, by special resolution, resolve to enter-
tain a proposal for a composition in satisfaction of the debts
due to them from the debtor or a proposal for a scheme of
arrangement of the defitor's affairs.

(2) The compositlon or scheme shall not be binding on the
creditors unless it is confirmed by a resolution passed (by a
majority in numbers representing three-fourths in value of
all the creditors who have proved) at a subsequent meeting
of the creditors and is approved by the court.

(3) The subsequent meeting shall be summoned by the
Official Receiver by not less than seven days notice, and
shall not be held until after the public examination of the
debtor is concluded. The notice shall state generally the
terms of the proposal and shall be given by posting a letter
or a notice in writing to each creditor who has proved
and by advertising the subsequent meeting in the Gazette
and at least in one local newspaper.

(4) The debtor or the Official Receiver may, after the
composition or scheme is accepted by the creditors, apply to
the court to approve it.

(5) IF the court is of opinion that the terms of the com-
position or scheme are not reasonable or are not calculated to
benefit the general body of creditors, or if the court is
dissatisfied with the conduct of the debtor, the court may, in
its, discretion, refuse, to approve the composition or scheme.

As amended by Law Rev. Ord., 1923.





(6) If the court approves the composition or scheme, the
approval thereof may be testified by the seal of the court
being attached to the instrument containing the terms of the
Composition or scheme or by the terms being embodied in
an order of the court. A composition or scheine aceepled
and approved is aforesaid shall be binding on all the
creditors so far as relates to any debts due to them from the
debtor and provable in bankruptcy: Provided that if any
such debt was incurred by fraud or if forbearance of the
payment thereof before the date of the arrangement was
obtained by fraud, the dobtor shall remain liable for the
unpaid balance, unless the defrauded creditor was, an
assenting party to the arrangement.As relgards any debt
not provable in bankruptcy, it shall be binding on the
creditor if he assents to the composition or scheme, but not
otherwise.

(7) The provisions of a composition or scheme under this
sect on may be enforced by the court on application be any
person Interested, and any disobedience of an order of the
court made on the application shall be deemed a contempt
of court.

(8) If default is made in payment of any instalment due in
pursuance of the composition or scheme, or if it appears
to the court that the composition or scheme cannot, in
consequene of legal difficulties or for any other sufficient
cause, proceed without injustice or undue delay to the
creditors or to the debtor, or that the approval of the court,
was obtained by fraud, the court may, if it thinks fit, on
application by any creditor, adjudge the debtor bankrupt
and annul the composition or scheme, but without prejudice
to the validity of any sale, disposition, or payment duly
made or thing duly done under or in pursuance of the
composition or scheme. Where a debtor is adjudged bank-
rupt under this sub-section, any debt provable in other
respects which has been contracted before the date of the
adjudication shall be provable in the bankruptcy.

(9) If, under or in pursuance of a composition or scheme,
a trustee is appointed by the creditors to administer the
debtor's property or manage his business, Part III shall
apply to the trustee and to the composition or scheme as
if the trustee were a trustee in a bankruptcy and as if
the terms bankruptcy, bankrupt, and order of
adjudication included respectively a composition or scheme






of arrangement a compounding or arranging debtor, and
an order approving the composition or scheme.

(10) Part II shall, so far as the nature of the case and the
terms of the composition or scheme admit, apply thereto, the
same interpretation being given to the words trustee,
bankruptcy, bankrupt and order of adjudication
as in sub-section (9).

(11) No composition or scheme shall be approved by the
court which does not provide for the payment in priority
to other debts of all debts directed to be so paid in the
distribution the property of a bankrupt.

Adjudication of bankruptcy.

19-(1) Where a receiving order is made against a
debtor, then, if the creditors, at the first meeting or any
adjournment thereof, by resolution resolve that the debtor
be adjedged bankdrupt or pass no resolution, or if the
creditors do not meet, or if a composition or scheme is not
accepted or approved within fourteen days after the con-
clusion of the examination of the debtor or such further time
as the court may allow, the court shall adjudge the debtor
bankrupt; and thereupon the property of the bankrupt
shall become divisible among his creditors and shall vest in
a trustee.

(2) Notice of every order adjudging a debtor bankrupt,
stating the name, address, and description of the bankrupt,
the date of the adjudication, and the name of the trustee,
shall be gazetted and advertised in at least one local paper.

(3) The date of the order shall, for the purposes of this
Ordinance, be the date of the adjudication.

20-(1) At any time prior to adjudication the creditors
may, by ordinary resolution, nominate some fit person to be
trustee in the bankruptcy, and on making the adjudication
the court shall appoint the creditor's nominee or, if dis-
satisifed with the nomination or if there is no nomination,
some other person to be trustee. The Official Receiver may
be appointed trustee, if the court thinks fit.

(2) A trustee other than the Official Receiver shall give
such security as the court may direct.






21--- (1) At the first or any subsequent meeting the
creditors may, by ordinary resolution, appoint from among
the creditors qualified to vote or the holders of geneeral
proxies or general powers of attorney a committee of
Inspection, consisting of three persons, for the purpose of
superintending the administration of the bankrupt's property
by the trustee.

(2) Any two members of the committee may act.

(3) On a vacancy occurring by death, resignation, in-
capacity, or otherwise, the trustee shall summon a meeting
of creditors for the purpose of filling the vacancy, but the
continuing members may act notwithstanding the vacancy.

(4) If there is no committee of inspection, any act or thing
or any direction or permission by this Ordinance authorised
or required to be done or given by the committee may be
done or given by the court on the application of the trustee.

22.-(1) Where a debtor is adjudged bankrupt the
creditors may, if they think fit, at any time after the adjudica-
tion, by special resolution, resolve to entertain a proposal for
a composition or scheme of arrangement of the bankrupt's
affairs; and thereupon the same proceedings shall be taken
and the same consequences shall ensue as in the case of a
composition or scheme accepted before adjudiction.

(2) When a composition or scheme is approved by the court
after adjudication, or if the court is satisfied, by fresh
evidence or otherwise, that the debtor ought not to have been
adjedged bankrupt, or when the debts of the bankrupt are
all paid in full, with interest, the court may annul the
adjudication, but such annulment shall not invalidate or
affect acts theretofore done by the Official Receiver, trustee,
or manager, or any person acting under their authority or
under the authority of the court.

Control over person and property of debtor.

23.-(1) Every debtor against whom a receiving order is
made shall, unless prevented by sickness or other sufficient
cause, attend the first meeting of his creditors and shall
submit to such examination and give such information as the
meeting may require.





(2) He shall give such Inventory of his property, such list
of his creditors, and debtors and of the debts due to and from
them respectively, to such examination in respect of
his property or his creditors, attend such other meetings of
his creditors, wait at such times on the Official Receiver,
special manager, or trustee, execute such powers of attorney,
conveyances, deeds, and instruments, and generally do all
such acts and things in relation to his property and the
distribution of the proceeds among his creditors as may be
reasonably by the Official special special manager,
trustee, or any creditor or person interested.

(3) He shall, if adjudged bankrupt, aid to the utmost of
of his power in the realization of his Property and the dis-
tribution of the proceeds among his creditors.

(4) If a debtor wilfully fails to perform the duties imposed
on him by this section or to deliver up possession of any
part of his property which is divisible among his creditors
under this Ordinance, and which is for the time being in his
possession or under his control, to the Official Receiver, or to
the trustee, or to any person authorised by the court to take
possession of it, he shall, in addition to any other punish-
ment to which he may be subject, be guilty of a contempt of
court and may be punished accordingly.

24-(1) The court may, by warrant, cause a debtor to be
arrested and any books, papers, money, and goods in his
possession to be seized, and him and them safely kept until
such time as the court may order, in the following
cirucmstances;

(a) if, after a bankruptcy notice has been issued under
this Ordinance or after the presentation of a bankruptcy
petition by or against him, it appears to the court that there
is probable resaon for believing that he has absconded or is
about to abscond with a view of avoiding payment of the debt
in respect of which the bankruptcy notice was issued, or of
avoiding sevice of a bankrupcy petition, or of avoiding
appearance to any such petition, or of avoiding examination
in respect of his affairs, or of otherwise avoiding, delaying,
or embarrassing proceedings in bankruptcy against him;

(b) if, after presentation of a bankruptcy petition by or
against him, it appears to the court that there is probable
cause for believing that he is about to remove his goods with
a view of preventing or delaying possession being taken of






them by the Official Receiver or trustee, or that there is
probable ground for believing that he has concealed or is
about to conceal or destroy any of his goods or any books,
documents, or writings which might be of use to his creditors
in the course of his bankruptcy;

(c) it after service of ot bankruptcy petition on him or
after a receving order has been made against him, he
removes any goods in his possession above the value or
twenty-five dollars, withont the leave of the Official Receiver
or trustee ;

(d) it without good cause shown, he fails to attend any
examination ordered by the court; and

(e) if there is probable reason Ibr believing that die debtor
has committed an ofFence punishable under this Ordinanco.

(2) When an order or committal is made against a debtor
or other person ror disoboying any order of the court or of
the Official Receiver or trustee to do some particular act or
thing, the court may direct that the order of committal shall
not be issued provided that such debtor or person, as the
case may be, obeys the previous order within a specified time.

(3) No paynient or composition made or security given
after arrest made under this section shall be exempt from the
Provisions of this Ordinance relating to fraudulent pref-
erences.

(4) At any time after ot receiving order has heen made,
the court may, if it thinks fit, issue a warrant the seizure
and detention of any books, papers, money, or goods in the
debtor's possession.

25. Wherea a receiving order is made against a debtor,
the court, on the application of the Official Receiver or
trustee, may from time to time order that, for such time not,
exceeding three months as the court thinks fit, telegrams,
post letters, and parcels addressed to the debtor at any
specified place or places shall be re-directed, sent, or
delivered. by the agent of the telegraph company, or the
Colonial Postmaster General or the officers acting under
him, to the Official Receiver or the trustee or otherwise as
the court direct, and the same shall be done accordingly.





26.--(1) The court may, at any time after a receiving
order has been made against a debtor, summon before it the
debtor or his wife or any person known or suspected to have
in his possession any of the estate or effects belonging to the
debtor or supposed to be indebted to the debtor, or any
person whom the court may deem capable of giving informa-
tion respecting the debtor, his dealings, or property; and
the court may require any such person to produce any
documents in his custody or power relating, to the debtor,
his dealings or property.

(21) If any person so summoned, after having been tendered
a reasonable sum, refuses to come before the court at the
time appointed or refuses to produce any such document,
having no lawful impediment made known to the court at
the time of its sitting and allowed by it, the court may, by
warrant, cause him to be apprehended and brought up for
examination.

(3) The court, by itself or by a commissioner appointed
for the purpose, may examine upon oath, either by word of
inouth or by written interrogatories, any person so brought
before it concerning the debtor, his dealings or property.

(1) If any person, on examination, admits that he is
indebted to the debtor, the court may, on the application of
the Official Receiver or trustee, order him to pay to the
Official Receiver or trustee, at such time and in such manner
as the court may think proper, the amount admitted or any
part thereof, either in full discharge of the whole amount in
question or not, as the court thinks fit, with or without costs
of the examination.

(2) If any Person, on examination, admits that he has in
his possession any property belonging to the debtor, the
court may, on the application of the Official Receiver or
trustee, order him to deliver to the Official Receiver or
trustee such property or any part thereof at such time, and
in such manner, and on such terms as to the court may seem
just.

(6) The court may, if it thinks fit, order that any person
who, if in the Colony, would be liable to be brought before
it under this section shall be examined by a commissioner
appointed for the purpose in any place out of the Colony.

As amended by Law Am. Ord., 1923.





(7) In the case of the death of the debtor or his wife or of
a witness whose evidence has been dulv taken under this
Ordinance, the deposition of the person so deceased, purport-
ing to be sealed with the seal of the court, or a copy thereof
purporting to be so sealed, shall in all legal proceedings be
admitted as evidence of the matters therein deposed to,
saving all just exceptions.

Discharge of bankrupt.

27.-(1) A bankrupt may, at any time after being
adjudged bankrupt, apply to the court for an ordor of dis-
charge, and the court shall appoint a day for hearing the
application, but the application shall not be heard until the
public examination of the bankrupt is concluded. The
application shall be heard in open court.

(2) Where the bankrupt does not of his own accord, within
such time as the court may deem reasonable, apply for his
discharge, the court may, of its own motion or on the
application of the trustee or of any creditor who has proved,
make an order calling upon the bankrupt to come up for his
discharge on a day to be fixed by the Court, and, on due
service of the order, if the bankrupt does not appear on the
day fixed thereby, the court may make such order as it
thinks fit, subject to the provisions of this section
(3) On the hearing of the application or on the day fixed
for the bankrupt to come up for his discharge as aforesaid
the court, subject to the provisions hereinafter contained, may
either grant or refuse an absolute order of discharge, or suspend
the operation of the order for a specified time, or grant an
order of discharge subject to any conditions with respect to
any earnings or income which may afterwards become due
to the bankrupt or with respect to his after-acquired property;
Provided that the court shall refuse the discharge in all cases
where the bankrupt has committed any misdemeanor under
the Ordinance, and shall, on proof of any of the facts
hereinafter mentioned, either refuse the order, or suspend
the operation of the order for a specified time, or grant all
order of discharge subject to any such conditions as aforesaid.
(4) The facts hereinbefore referred to are-
(a) that the bankrupt, with intent to conceal the true state
of his affairs, has omitted to keep such books of account as

As amended by Law Rev. Ord., 192M, and Law Am. Ord., 1923,





are usual and proper in the business carried on by him and
as sufficiently disclose his business transactions and financial
position within the tree years immediately preceding his
bankruptcy;

(b) that the bankrupt has carried on trade by means of
lictitions capital;

(c) that the bankrupt has continued to trade after knowing
himself to be insolvent;

(d) that the bankrupt has contracted any debt provable in
the bankruptcy without having, at the time of contracting it,
any reasonable or probable ground of expectation (proof
whereof shall lie on him) of being able to pay it;

(e) that the bankrupt has brought on his bankruptcy by
rash and bazardous speculations or unjustifiable extravagance
in living;

(f) that the bankrupt has put any of his creditors to
unnecessary expense by a frivolous or vexatious defence to
any action properly brought against him;

(g) that the bankrupt has, within four months next
preceding the date of the receiving order, when unable to
pay his debts as they became due, given an undue preference
to any of his creditors;

(h) that the bankrupt has on any previous occasion been
adjudged bankrupt or made a statutory composition or
arrangement with his creditors;

(i) that the bankrupt has been guilty of any fraud or
fraudulent breach of trust;

(j) that the bankrupt has, since the commencement of the
bankruptcy proceedings, misconducted himself in connexion
with such proceedings; and

(k) that a dividend or dividends of fifty per conet has or
have not been paid or will not, in the opinion of the trustee,
with such proceedings; and

(5) the court may, on proof to its satisfaction of the facts
mentioned in paragraphs (a), (b), (c), (d), (e), or (f), of
sub-section (4), summarily sentence the bankrupt to imprison-
ment for any term not exceeding one year.





(6) Notice of the appointmnet by the court of the day for
hearing the application for discharge shall be gazetted and
published in at least one local newspaper not less shall
fourteen days before the day so appoined. The court may
hear the Official Receiver, the trustee, and any creditor.
At the hearing the, court may put such questions to the
debtor and receive such evidence as it may think fit.

(7) The court, may, as one of the Conditions referred to in
this section, allow judgment to be entered against the
bankrupt by the trustee for any balance or part of any
balance of the debts provable under the bankruptcy which
is not satisfied at the date of the discharge, but in such case
execution shall not be issued on the judgment without leave
of the court, which leave may be given on proof that the
bankrupt has, since his discharge, acquired property or
income available for payment of his debts.

(8) A discharged bankrupt shall, notwithstanding his
discharge, give such assistance as the trustee may require in
the realization and distribution of such of his property as is
vested in the trustee, and, if be fails to do so, he shall be
guilty of a contempt of court, and the court may also, if it
thinks fit, revoke his discharge, but without prejudice to the
validity of any sale, disposition, or payment, duly made or
thing duly done subsequent to the discharge but before its
revocation.

28.- (1) An order of discharge shall not release the
bankrupt from any debt on a recognizance or bail-bond to
the Crown or to a public officer as such or from any debt
with which the bankrupt may be chargeable at the suit of
any public officer on behalf of the crown, and the bankrupt
shall not be discharged from such excepted debts unless
the Treasurer certifies in writing his consent to his being
discharged therefrom.

(2) An order of discharge shall not release the bankrupt
from any debt or liability incurred by means of any fraud or
fraudulent breach of trust to which he was a party of from
any debt or liability whereof he has obtained forbearance by
any fraud to which he was a party.

(3) An order of discharge shall release the bankrupt, from
all other debts provable in bankruptcy.





(4) An order of discharge shall not release any person
who, at the date of the receiving order, was a partner or
co-trustee with the bankrupt or was jointly bound or had
made any joint contract with him or any person who was
surety or in the nature of a surety for him.

29.--- (1) Where, in the opinion of the court, a debtor
ought not to have been adjudged bankrupt or where it is
proved, to the satisfaction of the court, that the debts of the
bankrupt have been paid in full or fully secured to the
satisfaction of the court, the court may, on the application of
any person interested, by order annul the adjudication.

(2) Notice of the order annulling an adjudication shall be
forthwith gazetted.

(3) Where an adjudication is annulled, all sales and
dispositions of property and payments duly made and acts,
theretofore done by the Official Receiver, trustee, manager,
or other person acting under their authority or by the court
shall bo valid, but, the property of the debtor who was
adjudged bankrupt shall vest in such person as the court
may appoint, or, in default of any such appointment, revert
to the debtor for all his estate or interest therein, on such
terms and subject to such conditions, if any, as the court
may, by order, declare.

PART II

ADMINISTRATION OF PROPERTY.

Proof of debts.

30.---(1) A debt may be proved, immediately after the
making of a receiving order, by delivering or sending through
the post to the Official Receiver or to the trustee an affidavit
verifying the debt made by the creditor or by some person
on his behalf having knowledge of the necessary facts.

(2) The affidavit shall state whether the creditor is or is
not a secured creditor.

(3)If a secured breditor realizes his security, he may
prove for the balance due to him, after deducting the net
amount realized.

(4) If a socured creditor surrenders his security for the
benefit of the creditors, he may prove for his whole debt.






(5) If a secured creditor neither realizes nor surrenders
his security, he may in his proof set a value on it and prove
for the balance, but when it is so valued the trustee may, at
any tine before it is realized, redeem it for the benefit of the
estate on payment of the amount of the valuation, or the
court, on the application of the trustee, may order the
realization of the security by sale, by public auction or
otberwise : Provided that the creditor may at ally time, by
notice in writing, require the Official Receiver or trustee to
elect whether he will or will not exercise his power of
redeeming the security or requiring it to be realized, and of
the Official or trustee does not, within six months
after receiving notice as signify in writing to the
Creditor his election to exercise the power, he shall not he
entitled to exercise it; and the equity of redemption or other
interest in the property comprised in the security which is
vested in the Official Receiver or trustee shall vest in the
creditior, and the aumput of his debt shall be reduced by the
amount at which the security has been valued.

(6) By leave of the court, a valuation as above provided
for may be amended on such terms as the court may think
just on proof that it was made bona fide on a mistaken
estimate or that the security has increased or diminished in
value since the prior valuation.

(7) If a creditor's security is realized after valuation, the
net amount realized shall, for the purposes of proof, be
substituted for the amount of the valuation.

(8) 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, instrament, or security must, subject to any special
order of the cour, be produced to the Official Receiver before
the proof can be admitted either for voting or for dividend,
and the amount of any dividend paid must be indorsed on
the instrument.

(9) Subject to the power of the court to extend the time,
the Official Receiver or trustee shall, within fourteen days
after receiving a proof, either admit it, or reject it wholly or
in part, or require further evidence in support of it, and
shall notify his decision to the creditors at the next general
meeting. An appeal to the court, from the admission or
rejection of a proof shall not he after the expiration of one




month from the date of the decision, unless the court allows
if for special reasons shown.

31-(1) Demands in the nature of unliquidated damages
arising otherwise than by reason of a contract, promise, or
breach of trust shall not be provable in bankruptcy.

(2) A person having notice of any act of bankruptcy avail-
able against the debtor shall not prove for any debt or
liability contracted by the debtor subsequently to the date
of his so having notice.

(3) Save as aforesaid, all debts and liabilities, present or
future, certain or contingent, to which the debtor is subjdect
at the date of the receiving order, or to which he may become
subject before his discharge by reason of any obligation in-
curred before the date of the receiving order, shall be
deemed to be debts provable in bankruptcy.

(4) The value of any debt or liability provable as aforesaid
which, by reason of its being subject to any contingency or
contingencies or for any other reason, does not bear a certain
value may be estimated by the court, on the application of
the trustee. The amount as estimated shall be deemed a
debt provable in bankruptcy, but if the court is of opinion
that the debt or liability cannot be fairly estimated, it shall
not be deemed provable in bankruptcy.

(5) Liability shall for the purposes of this Ordinance,
include any compensation for work or labour done, any
obligaion or probability of an obligation to pay money or
money's worth on the breach of any express or implied cov-
enant, contract, agreemnet, or undertaking, whether the breach
does or does not occur, or is or is not likely to occur or
capable of occurring, before the discharge of the debtor,
and generally it shall include any express or implied engage-
ment, agreement, or undertaking to pay, or capable of result-
ing in the payment of, money or money's worth, whether the
payment is, as respects amount, fixed or unliquidated; as
respects time, present or future, certain or dependent on any
one contingency or on two or mote contingencies; or as to
mode of valuation, capable of being ascertained by fixed
rules or as matter of opinion.

32. Where there have been mutual credits, mutual debts,
or other mutual dealings between the debtor against whom
a receiving order has been made and a creditor, it sum due

See First Schedule, Form No. 11, List E.




from the one party shall be set off against any sum due from
the other party, and the balance of the account and no more
shall be claimed or paid on either side respectively: Pro-
vided that a creditro shall have no set-off in respect of any
credit given to the debtor after the creditor has had notice
of an act of bankruptcy committed by the debtor and
available against him for adjudication.

Appropriation of assels

33.-(1) The assets remaining after payment of the
expenses incurred in realizing any of the assets of the debtor
shall, subject to any order of the court, be liable to the
following payments, which shall be made in the following
order of priority, namely,-

(a) the actual expenses incurred by the Official Receiver
in protecting the property or assets of the debtor or any part
thereof and any expenses or outlay incurred by him or by
his authority in carrying on the business of the debtor:

(b) the fees, percentages, and charges payable to, or costs,
charges, and expenses incurred or authorised by, the Official
Receiver;

(c) the remuneration of the special manager, if any; and

(d) the taxed costs of the petitioner, so far as the same
may not have been disallowed by the court.

(2) Whenever the court is astisfied that property of a
debtor in respect of whose estate a receiving order has been
made has been preserved for the benefit of the creditors by
means of legal proceedings brought by a creditor against
the debtor without notice of any available act of bankruptcy
committed by the debtor, the cour may, in its discretion,
order the payment of the costs of such legal proceedings or
any part of them (taxed as between party and party) out of
the estate, with the same priporty as the payment as is herein
provided in respect of the taxed costs of the petitioner.

34-(1) In the distribution of the property of a bankrupt
there shall be paid in priority to all other debts-

(a) all local rates due from the bankrupt at the date of the
receiving order, having first become due and payable within
twelve months next before such date;

See first schedule, Form NO. 11, List A.





(b) the wages or salary of any clerk or servant in respect
of services rendered to the bankrupt during the four months
next preceding the date of the receiving order and not
exceeding three hundred dollars.

(c) the wages of any labourer or workman not exceeding
one hundred dollars, whether payable for time or piece-work,
in respect of services rendered to the bankrupt during the
four months immediately preceding the receiving order; and

(d) such part of any premium paid by or on behalf of any
apprentice or articled clerk under service to the bankrupt, as
the court may order.

(2) The foregoing debts shall rank equally between them-
selves and shall be paid in full unless the property of the
bankrupt is insufficient to meet them, in which case they
shall abate in equal proportions between themselves.

(3) The joint estate of partners shall be applicable in the
first instance in payment of their joint debts; and the separate
estate of each partner shall be applicable in the first instance
in payment of his separate debts. If there is a surplus of the
separate estates, it shall be dealt with as part of the joint
estate. If there is a surplus of the joint estate, it shall be
dealt with as part of the respective separate estates in pro-
portion to the right and interest of each partner in the joint
estate.

(4) Subject to the provisions of this Ordinance, all debts
proved in the bankruptcy shall be paid pari passu.

(5) If there is any surplus after payment of the debts, it
shall be applied in payment of interest from the date of the
receiving order at the rate of eight dollars per cent per
annum on all debts proved in the bankruptcy.

35. The landlord or other person to whom any rent is due
from the bankrupty may, subject to the provisions of the
Distress for Rent Ordinance, 1883, at any time either before
or after the commencement of the bankruptcy, distrain upon
the goods and chattels of the bankruptcy for the rent due:
Provided that, if such distress is levied after the commence-
ment of the bankruptcy, it shall be available only for six
months rent accrued due prior to the date of the order of
adjudication, but the landlord or other person to whom the
rent may be due may prove under the bankruptcy for the
surplus due for which the distress may not have been available.




Property available for payment of debts.

36. the bankruptcy of a debtor shall be deemed to have
relation back to and to commence at the time of the act of
bankruptcy being committed on which the receiving order
was made, or, if the bankrupt is proved to have committed
more acts of bankruptcy than one, to have relation back to
ruptcy proved to have been committed by the bankrupt within
four months next preceding the presentation of the bank-
ruptcy petition; but no bankruptcy petition, receving order,
or adjudication shall be rendered invalid by reason of any
act of bankruptcy anterior to the debt of the petitioning
creditro.

37. The property of the bankruy dIvisible among his
creditors (in this Ordinance referred to as the property of
the bankrupt shall not comprise the -following particulars, :-

(1) property hold by the bankrupt's trade and the
Person; or

(2) the tools if any, of the bankrupt's trade and the
necessary wearing apparel and bedding of himself and his
family dependent on and resdiding with him, to a value,
inclusive of tools, apparel, and bedding, not exceeding in the
whole one hundred dollars
but it shall comprise the following particulars;

(1) all such property as may belong to or be vested in the
bankrupt at the commencement of the bankroptcy or way he
acquired -by or devolve on him before his discharge
(2) the capacity to exercise, and to take proceedings for
exercising all such powers in, over , or in respect of property
as might have been exercised by the bankrupt for own
benefit at the commencenient of his bankruptcy or before his
discharge; and

(3) all goods being, at the commencement of the
bankruptcy, in the possession, order, or disposition of the
bankrupt in his trade or business by the consent and per-
mission of the true owner, in such circumstances that he
is the reputed owner thereof : Provided that things in action
other than debts due or growing due to the bankrupt in the
course of his trade or business, shall not be deemed goods

within the meaning of this section.





effect of bankruptcy on antecedent transactions.

38. (1) Where a creditor has issued execution against
the property of a debtor, he shall not be entitled to retain
the benefit of the execution against the trustee in bankruptcy
of the debtor, unless he has completed the execution before
the date of the receiving order and before notice of the
presentation of any bankruptey petition by or against the
debtor or of the commission of any available act of bak-
ruptcy by the debtor.

(2) For the purposes of this Ordinance, an execution shall
be deemod to be completed-

(a) in the case of goods, chattels, or other movable property
in the possession of the debtor or of negotiable intruments, by
seizure and sale;

(b) in the case of goods, chattels, or other movable property
to which the debtor is entitled subject to a lien oright of
some person to the immediate possession therof, by attahc-
ment by proghibitory order and sale;

(c) in the case of lands, houses, or other immovable
property or any interest therein, either at law or in equity,
by attachment by prohibitory order and due registration
thereof in the Land office

(d) in the case of an attahcment of a debt not begin a
negotiable instrument, by receipt of the debt;

(e) in the case of shares in any public company or corporation,
by attachment by proghibitory order;

(f) in the case of property in the custody or under the
controlof any public officer in his official capacity or in
custodia legis, by attachment by prohibitory order duly
obtained and served; and

(g) in the case of any equitable interest in lands, houses,
or other immovable property, by the appointment of a receiver
or manager.

39.(1) Where the goods of a debtor are taken in execution,
and before the sale thereof notice is served on the
bailiff that receiving order has been made against the
debtor, the bailiff shall, on request, deliver the goods to the
official receiver or trustee under the order, but the costs
of the execution shall be a charge on the goods so delivered.





and the official receiver or trustee may sell the goods or an
adequate part thereof for the purpose of satisfying the
charge.

(2) Where the goods of a debtor are sold under an execution
in respect of a judgment fo ra sum exceeding one
hundred dollars, the bailiff shall deduct the costs of the
execution from the proceeds of sale and pay the balance into
court, and if, within fourteen clear days of such sale, a
bankruptcy petition is presented by or against the debtor,
the said balance shall remain in court until after the hearing
of the petition, and if the debtor is adudged bankrupt the
balance shall be paid out to the trustee in the bankruptcy,
who shall be entitled to retain the same as against the
execution creditor, but otherwise it shall be dealth with as if
no bnkruptcy petition had been presented.

(3) an execution completed as aforesaid is not invalid by
reason only of its being an act of bankruptcy, and a person
who purchases the property of the debtor in good faith
under a sale shall in all cases acquire a good title to it as
against the trustee in bankruptcy.

40.(1) Any settlement of property, not being a settle-
ment made before and in consideration of marriage, or made
in favour of a purchaser or incumbrancer in good faith and for
valuable consideration, or made on or for the wife or children
of the settlor of property which has accrued to the settlor
after marriage in right of his wife, shall, if the settlor
becomes bankrupt within two years after the date of the
settlement, be void against the trustee in the bankruptcy, and
shall, if the settlor becomes bankrupt at any subsequent time
within ten years after the date of the settlement, be void
against the trustee in the bankruptcy, unless the parties
claiming under the settlement can prove that the settlor was,
at the time of making the settlement, able to pay all his
debts without the aid of the property comprised in the
settlement, and that the interest of the settlor in such
property has passed to the trustee of the settlement on the
execution thereof.

(2) Any covenant or contract made in consideration of
marriage, for the furture settlement on or for the settlor's wife
or children of any money or property wherein he had not, at
the date of his marriage, any estate or interest, whether
vested or contingent, in possession or remainder, and not





being money or property of or in right of his wife, shall, on
his becoming bankrupt before the property or money has
been actually transferred or paod pursuant to the covenant or
contract, be void against the trurstee in the bankruptcy.

(3) settlement shall, for the purposes of this section,
include any conveyance or transfer of property.

41.(1) Every conveyance or transfer of property or
charge thereon made, every payment made, every obligation
incurred, and every judicial proceeding taken or suffered
by any person unable to pay his debts as they become due
from his own money in favour of any creditor or any
person in trust for any creditor, with a view of giving
such creditor a preference over hte other creditors, shall if
the person making, taking, paying, or suffering the same is
adjudged bankrupt on a bankruptcy petition presented within
four months after the date of making, taking, paying, or
suffering the same, be deemed fraudulent and void as against
the trustee in the bankruptcy.

(2) This section shall not affect the rights of any person
making title in good faith and for valuable consideration
through or under a creditor of the bankrupt.

42. subject to the preceding provisions of this Ordinance
with respect to the effect of bankruptcy on an execution or
attachement and with respect to the avoidance of certain
settlements and pdreferences, noting in this Ordinance shall
invalidate, in the case of a bankruptcy,

(1) any payment by the bankrupt to any of his creditors;
or

(2) any payment or delivery to the bankrupt; or

(3) any conveyance or assignment by the bankrupt for
valuable consideration; or

(4) any contract, dealing, or transaction by or iwth the
bankrupt for valuable consideration:

provided that both the following conditions are complied
with, namely.

(5) the payment, delivery, conveyance, assignment, con-
tract, dealing, or transaction,as the case may be, takes place
before the date of teh reeiving order; and





(2) the person (other than the debtor) to, by, or with whom
the payment, delivery, conveyance, assignment, contract,
dealing, or transaction was made, executed, or tneted into
has not, at the time of the payment, delivery, conveyance,
assignment, contract, dealing, or transaction, notice of any
available act of bankruptcy committed by the bankrupt before
that time.

Realization of property.

43.(1) The trustee shall, as soon as may be, take
possession of the deeds, books, and documents of the bank-
rupt and all other parts of his property capable of manual
delivery.

(2) The trustee shall, in relation to and for the purpose of
acquriing or retaining possession of the property of the
bankrupt, be in the same position as if he were a receiver of
the property appointed by the court, and the court may, on
his application, enforce such acquisition or retention accordingly.

(3) When any part of the property of the bankrupt consists
of stock, shares in ships, shares, or any other property
transferable in the books of any company, office, or person,
the trustee may exercise the right to transfer the property to
the same extent as the bankrupt might have exercised it if he
had not become bankrupt.

(4) Where any part of the property of the bankrupt consists
of things in action, such things shall be deemed to have been
duly assigned to the trustee.

(5) Any officer, clerk, servant, compradore, employe, or
person acting as banker, attorney, or agent of a bankrupt
shall pay and deliver to the trustee all moneys and securities
i in his possession or power which he is not by law entitled to
retain as against the bankrupt or the trustee. If he does
not, he shall be guilty of a contempt of court and may be
punished accordingly, on the application of the trustee.

44. Any person acting under a warrant of the court may
seize any part of the property of a bankrupt in the custody
or possession of the bankrupt or of any other person, and,
with a view to such seizure, may break open any house,
builing, or room of the bankrupt where the bankrupt is
supposed to be, or any building or receptable of the bankrupt
where any of his property is supposed to be; and when




the court is satisfied that there is reason to believe that any
property of the bankrupt is concealed in a house or place
not belonging to him, the court may, if it thinks fit, grant a
search warrant to any constable or officer of the court who
may execute it accordingly.

45. Where the bankrupt is possessed of any property out
of the colony, the trustee shall require him to join in selling
the same or the benefit of the creditors and to sign all
necessary authorities, powers, deeds, and documents for the
purpose, and if and so often as the bankrupt refuses to do so,
he may be punished for a contempt of court.

46. When a bankrupt is an officer of the navy or army or
an officer or clerk otherwise employed odr engaged in the
civil service of the government, the trustee shall receive
for distribution among the creditors so much of the bankrupt's
pay or salary as the court, on the application of the trustee,
with the consent of the chief officer of the department under
which the pay or salary is enjoyed, may direct.

47.(1) Until a trustee is appointed, the Official Receiver
shall be the trustee for the purposes of the Ordinance, and
immediately on a debtor being adjudged bankrupt, the
property of the bankrupt shall vest in the trustee.

(2) On the appointment of a trustee, the property shall
forthwith pass to and vest in the trustee appointed.

(3) the property of the bankrupt shall pass from trustee
to trustee, including under that term the official receiver
when he fills the office of trustee, and shall vest in the
trustee for the time being during his continuance in office,
without any conveyance, assignment, or transfer whatever.

48.(1) When any part of the property of the bankrupt
consists of land of any tenure burdened with onerous
convenants or liabilities, or of shares or stock in companies,
or of unporfitable contracts, or of any other property that is
unsaleable or not readily saleable by reason of its binding
the possessor thereof to the performance of any onerous act
or to the payment of any sum of money, the trustee, not-
withstanding that he has endevoured to sell or has taken
possession of the property or exercised any act of ownership
in relation thereto, but subject to the provisions of this
section, may, by writing signed by him, at any time within





six months after the appointment of a trustee, disclaim the
property : Provided that where any such property has not
come to the knowledge of the trustee within three months
after such appointment he may disclaim such property at
any time within three months after he first became aware
thereof.

(2) The disclaimer shall operate to determine, as from the
date of disclaimer, the rights, interests, and liabilities of the
bankrupt and his property in or in respect of the property
disclaimed, and shall also discharge the trustee from all
personal liability in respect of the property disclaimed as
from the date when the property vested in him, but shall
not, except so far as is property and the purpose of releasing
the bankrupt and his property and the trustee form liability
affect the rights or liabilities of any other person.

(3) A trustee shall not be entitled to disclaim a lease
without leave of the court, and the court may, before or on
granting such leave, require such notices to be given to
persons interested, and impose such terms as a condition
of granting leave, and make such orders with respect to
fixtures, tenants' improvements, and other matters arising
out of the tenancy as the court may think just.

(4) the trustee shall not be entitled to disclaim any
peoperty in pursuance of this section in any case where an
application in writing has been made to the trustee by any
person interested in the property requiring him to decide
whether he will disclaim or not, and the trustee has, for a
period of twenty-eight days after the receipt of the applica-
tion or such extended period as may be allowed by the
court, declined or neglected to give notice whether he
disclaims the property or not; and, in the case of a contract,
if the trustee, after such application as aforesaid, does not,
within the said period or extended period, disclaim the
contract, he shall be deemed to have adopted it.

(5) The court may, on the applicaiton of any person who
is, as against the trustee, entitled to the beefit or subject to
the burden of a contract made wiht the bankrupt, make an
order rescinding the contract on such terms as to payment
by or to either party of damages for the non-performance of
the contract or otherwise as to the court may seem equitable,
and any damages payable under the order to any such person
may be proved by him as a debt under the bankruptcy.






(6) The court may, on application by any person either
claiming any interest in any disclaimed property or under
any liability not discharged by this Ordinance in respect
of any disclaimed property, and on hearing such persons
as it may think fit, make an order for the vesting of the
property in or delivery thereof to any person entitled thereto
or to whom it may seem just that the same should be
delivered by way of compensation for such liability as
court may think just; and, on such vesting order being
made, the property comprised therein shall vest accordingly
in the person therein named in that behalf, without any
conveyance or assignment for the purpose: Provided always
that where the property disclaimed is of a leasehold nature,
the cour tshall not make a vesting order in favour of any
person claiming under the bankrupt except on the terms
of making such person subject to the same liabilities and
obligations as the bankrupt was subject to under the lease
in respect of the property at the date when the bankruptcy
petition was filed, and any mortagee or underleassee declining
to accept a vesting order on such terms shall be excluded
from all interest in and security upon the proerty; and
if there is no person claiming under the bankrupt who is
willing to accept and order on such terms, the court shall
have power to vest the bankrupt's estate and interest in the
property in any person liable, either personally or in a
representative character and either alone or jointly with the
bankrupt, to perform the lessee's covenants in such lease,
freed and discharged from all estates, encumbrances, and
interests created therein by the bankrupt.

(7) Any person unjured by the operation of a disclaimer
under this section shall be deemed to be a creditor of the
bankrupt to the extent of the injury, and may accordingly
prove the same as a debt under the bankruptcy.

49. Subject to the provisions of this Ordinance and to any
general or special order of the court, the trustee may do all
or any of the following things:

(1) sell all or any part of the property of the bankrupt
(including the goodwill of the business, if any, and the book
debtsdue or growing due to the bankrupt) by public auction
or private contract, with power to transfer the whole thereof
to any person or company or to sell the same in parcels;






(2) give recipts for any money received by him, which
receipts shall effectually discharge the person paying the
money from all responsibility in respect of the application
thereof;

(3) prove, rank, claim, and draw a dividend in respect of
any debt due to the bankrupt; and

(4) exercise any powers the capacity to exercise which is
vested in the trustee under this Ordinance, and execute any
powers of attorney, deeds, and other instruments for the
purpose of carrying into effect the provisions of this
Ordinance.

50(1) the trustee may, with the permission of the
committee of inspection, do all or any of the following
things;

(a) carry on the business, if any, of the bankrupt so far as
may be necessary for the beneficial winding-up of the same;

(b) bring, institute, or defend any action or other legal
proceeding relating to the property of the bankrupt;

(c) employ a solicitor or other agent to take any proceedings
or do any business sanctioned by the committee;

(d) accept as the consideration for the sale of any property
of the bankrupt a sum of money payable at a furture time,
subject to such stipuloations as to security and otherwise as
the committee may think fit;

(e) mortagage or pledge any part of the property of the
bankrupt for the purpose of raising money for the payment
of his debts;

(f) refer any despute to arbitration and compromise all
debts, claims, and liabilities on such terms as may be agreed
upon;

(g) make any dispute to arbitration and compromise all
be thought expendient with creditors or persons claiming to
be creditors in respect of any provable debts;

(h) make such compromise or other arrangement as may
be thought expedient with respect to any claim arising out
of or incidental to the property of the bankrupt made or
capable of being made on the trustee by any person or by
the trustee on any person; and





(i) divide in its existing form among the creditors,
according to its estimated value, any property which, from
its peculiar nature or other special circumstances, cannot be
readily or advantageously sold.

(2) The permission given for the purposes of this section
shall not be a general permission to do all or any of the
above-mentioned things, but shall only be a permission to
do the particular thing or things for which permission is
sought.

Distribution of property

51(1) Subject to the retention of such sums as may be
necessary for the costs of administsration or otherwise, the
trustee shall, with all convenient speed, declare and distribute
dividends among the creditors who have proved their debts.

(2) the first dividend, if any, shall be declared within
four months after the conclusion of the first meeting of
creditros, unless there is a sufficient reason, approved by the
court, for postponing the declaration to a later date, and
subsequent dividends shall, in the absence of sufficient
reasons to the contrary, be declared and distributed at
intervals of not more than six months.

(3) At least one month before declaring a dividend, the
trustee shall cause notice of his intention to do so to be
gazetted, and shall also post a notice in writing to each
creditor mentioned in the bankrupt's statement who has not
proved his debt.

(4) When the trustee has declared a dividend, he shall
cause a notice to be gazetted showing the amount of the
dividend and when and how it is payable.

52. Where one partner of a firm is adjudged bankrupt, a
creditor to whom the bankrupt is indebted jointly with the
other partners of the firm or any of them shall not receive
any dividend out of the separate property of the bankrupt
until all the separate creditors have received the full amount
of their respective debts.

53. (1) In the calculation and distribution of a dividend
the trustee shall make provision for debts provable in bank-
ruptcy appearing from the bankrupt's statements or other-
wise to be due to persons resident in places so distant from






the place where the trustee is acting that, in the ordinary
course of communication, they have not had sufficient time
to tender their proofs or to establish them if disputed, and
also for debts provable in bankruptcy the subject of claims
no. yet determined.
(2) He shall also make provision for any disputed proofs
or claims and for the expenses necessary for the administra-
tion of the estate or otherwise, and subject to the preceding
provisions, he shall as dividend all money in hand.

54. A creditor who has not proved his debt before the
declaration of any dividend or dividends shall be entitled to
be paid out of any money for the time being in the hands of
the trustee, any dividend or dividends which he may have
failed to receive before that money is applied to the payment
of any future dividend or dividends, but he shall not be
entitled to disturb the distribution of any dividend declared
before his debt proved by reason that he has not
participated therein.

55. When the trustee has realised all the property of the
bankrupt or so much thereof as can be realized without
needlessly protracting the trusteeship, he shall declare a
final dividend, which dividend shall be so specified in the
gazette notice and in the notices to creditors, and any
creditor who hax not proved shall be excluded from such
dividend unless he proves his debt befor the dividend or
any part thereof is paid: Provided that the court may , on
the application of any such creditor, postpone the payment
of such dividend or part of it for such time as may be
reasonably necessary for such creditor to establish his claim.

56. No action for a dividend shall lie against a trustee,
but if the trustee refuses to pay any dividend the court may,
if it thinks fit, order him to pay it, and also to pay out of his
own money interest thereon for the time that it is witheld
and the costs of the application.

57(1) the trustee, with the permission of the committee
of inspection or of the court, may appoint the bankrupt
himself to superintend the management of the property
of the bankrupt or any part thereof or to carry on
property of the bankrupt or any part thereof or to carry on
the trade, if any, of the bankrupt for the benefit of his






creditors, and in any other respect to aid in administering
the property in such manner and on such terms as the
trustee may direct.

(2) the court, on the application of the trustee, may if it
thinks fit, make an allowance out of the estate to the bank-
rupt for the support of himself and his family or in con-
sideration of his services in assisting the trustee.

58. The bankrupt shall be entitled to any surplus
remaining after payment in full of his creditors, with
interest, as by this Ordinance provided, and of the costs,
charges, and expenses of the proceedings under the
bankruptcy petition.

PART III

MATTERS INCIDENTAL TO TRUSTEE'S DUTIES

Costs and charges.

59(1) All costs of or incident to proceedings in bank-
ruptcy shall, subject to the provisions of this Ordinance, be
in the discretion of the court.

(2) Where a trustee or manager receivers remuneration for
his services as such, no payment shall be allowed in his
accounts in respect of the performance by any other person
of the ordinary duties which are required to be performed
by himself.

(3) No solicitor's bill of costs shall be allowed in the
trustee's accounts unless it has been taxed by the proper
officer.

(4) The remuneration of any trustee, manager, or receiver
or the allowance to any bankrupt, or any part of such
remuneration or allowance, may, if the court so order, be
forfeited for misconduct.

60. (1) The Official Receiver shall open in his name as
Official Receiver an account at a bank approved by the
governer, and shall pay to the credit thereof all sums received
by him as such official receiver or as trustee, and every
trustee in a bankruptcy, other than the official receiver,
receiving money as such trustee shall open an account at
such bank in the name of the debtor's estate, and shall pay
to the credit or such account all sums which may from time
to time be received by him as such trustee.





(2) No trustee in a bankruptcy shall pay any money received
by him as trustee into his private banking account, or use it
otherwise than in the administration of the estate, on any
pretence whatever.

(3) Any trustee paying money into his private banking
account, or using it otherwise than in the administration of
the estate, or retaining in his hands for more than a week,
without the leave of the court previously obtained, a sum
exceeding one hundred dollars, or without explaining such
retention to the satisfaction of the court, may, without pre-
judice to any other liability, be dismissed form office without
renumeration, and may be ordered by the court to pay any
expenses to which the creditors may be put in consequence
of his dismissal.

61.(1) The trustee shall keep a record in writing in
which he shall enter a minute of all proceedings had and
resolutions passed at any meeting of creditors or of the
committee of imspection and a statemnet of all negotiations
and proceedings necessary to give a correct view of the
management of the bankrupt's property.

(2) He shall also keep an account, to be called the Estate
Account, in the form of an ordinary debtro and creditor
account, in which he shall enter from day to day all his
receipts and payments as trustee.

(3) the trustee shall produce at every meeting of creditors
and at every meeting of the committee of imspection the
record and account above mentioned and also the pass-
book of the estate's bank account, and such documents shall
be open to the imspection of any creditor at all reasonable
times.

62(1) the trustee shall, at any time the court may
order and not less than once in each year during his tenure
of office, deposit in the Registry of the court an account of
his receipts and payments verified by affidavit.

(2) Such accounts shall be examined and audited by the
Registrar or by any person named by the court or the court
may itself examine them, and it shall be the duty of the
trustee to furnish all such vouchers or information as may
be necessary for such audit or examination.






(3) The court may, af ter hearing, the explanation, if any,
of the trustee, make such order as it may think just for
compelling the trustee to inake good any loss to the estate
which, after such audit or examination, may appear to the
coort to have been occasioned by any misfeasance, neglect,
of improper omission of the trustee.

63. The fees and percentages to be charged in respect of
proceedings under this Ordinance and the remuneration of
the Officilal Receiver aud the trustee shall be as mentioned
in the Second Schedule: Provided that such Schedule may
be altered by rule of court.

64.---(1) Where the joint estate of any co-debtors is
insufficient to defray any costs or charges properly incurred
in respect, thereof, the court, on the application of the trustee,
may order such costs or charges to be paid out of the
separate estates of such co-debtors or any one or more of
them.

(2) The court, also order any or charges, properly
incurred for any separate estate to be paid out of the joint
estate, if, in the opinion of the court, it is just to do so.

Release of trustee.

65.- (1) When the trustee has realized all the property
of the bankrupt so much thereof as can, in his opinion, be
realized without needlessly protracting the trusteeship, and
has a distributed a final dividend, if any, or has ceased to act
by reason of a composition having been approved, or has
resigned or been removed from office, he may apply to the
court for his release, and if all the requirements of the court,
with respect to accounts and with respect to any order of the
court against the trustee have been fulfilled, the court may
make an order for the release accordingly.

(2) Where the release of the trustee is withheld, the court
may, on the application of any ereditor or person interested,
make such order as it may think just charging the trustee
with the consequence of any act or default which he may
have committed or made contrary to his duty.
(3) An order of the court releasing the trustee shall
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.
(4) Where the trustee has not previously resigned or been
removed, his release shall operate as a removal of him from
his office, and thereupon the Official Receiver shall be the
trustee.

Official name

66. The trustee may sue and be sued by the official name
of The frastee of the property of A.B. a bankrupt, and in
that name may hold property of every description, make
contracts, enter into any engagements binding on himself
and his successors in office, and do all other acts necessary
or expedient to be done in the execution of his office.

67. If the court Is of opinion that the trustee is guilty of
misconduct,or neglect, or if the trustee is insolvent, or if the
court ts satisfied that the interests of the creditors require lt,
the court may remove the trustee from office and appoint
some other person in his place.

68.-(1) The trustee may summon general meetings of the
creditors for the purpose of ascertaining their wishes, and the
directions given at any such general meeting shall, subject
to the provisions- of this Ordinance, be, followed as far as
possible, notwithstanding that they may conflcit with the
directions of the committee of inspection.

(2) The trtistee may apply to the court for directions in
relation to any particular matter arising under the bank-
ruptcy.

69.-(1) If the bankrupt, or any creditor, or any other
person in aggrieved by any act or decision of the trustee, he
may appeal to the court, and the court may confirm, reverse,
or modify the act or decision complained of and make
order in the premises as it may think just.
(2) Any such appeal shall be brought, within a week of the
act or decision complained of: Provided that the court, may

subject to such conditions as it may think just, allow an
appeal at any time on good cause shown.





70. Where default is made by the trustee, the debtor, or
any other person in obeying any order or direction made, or
given by the court, the court inay make ,in immediate order
for the committal of court of' such trustee,
debtor or other person : Provided that the power given by
this section shall he deemed to he in addition to and not in

substitution for any other right, remedy or liability in respect
or such default.

PART IV

JURISDICTION AND PROCEDURE

71.(1) The court shall deal with bankruptcy petitions,
and the rules of the court for the time being for regulating
the civil procedure of the court shall, so far as the same may
be applicable and not inconsistent with the provisions of this
Ordinance, be applied to bankruptcy proceedings; and every
order of the court made in connexion with bankruptcy
proceedings may be enforced in the same way as a judgment
of the court made in respect of any civil proceedings may be
enforced.

(2) the Registrar shall, in cases of urgency, have power
to make interim orders and to hear and determine unopposed
or ex parte applications, and any order so made shall, subject
to appeal to the court, be deemed to be an order of teh court.

(3) Every order of the court shall be subject to appeal to
the Full Court.

72. When two or more bankruptcy petitions are presented
against the same debtor or against joint debtors, the court
may consolidate the proceedings, on such terms as the court
may think fit.

73. If a debtor by or against whom a bankruptcy petition
has been presented dies, the proceedings in the matter shall,
unless the court otherwise orders, be continued as if he
were alive.

74. The court may at any time, for sufficient reason, stay
the proceedings under a bankruptcy petition, either altogether
or for a limited time, on such terms and subject to such
conditions as the court may think just.





75. Where there are more respondents than one to a
petition, the court may dismiss the petition as to one or more
of them, without prejudice to the effect of the petition as
against the other or others of them.

76. Where a member of a partnership is adjudged bank-
rupt, the court may authorise the trustee to commence and
prosecute any action in the names of the trustee and of the
bankrupt's partner; and any release by such partner of the
debt or demand to which such action relates shall be void;
but notice of the application to commence the action shall
be given to him and he may show cause against it, and, on
his application, the court may, if it thinks fit, direct that he
shall receive his proper share of the proceeds of the action,
and if he does not claim any benefit therefrom he shall be
indemnified against costs in respect thereof in such manner
as the court may direct.

77. Where a bankrupt is a contractor in respect of any
contract jointly with any other person such person may sue
or be sued in respect of the contract without the joinder of
the bankrupt.

78.(1) Any two or more persons, being partners, or any
person carrying on business under a partnership name, may
take proceedings or be proceeded against under this Ordi-
nance in the name of the firm, and in such case all nominal
and dormant partners shall be included in the adjudication,
and all their joint estate and the separate estate of each of
them shall vest in the trustee: Provided that a receiving
order shall not be made against a corporation or against a
registered joint-stock company.

(2) The court, on application by any person interested in
any bankruptcy proceedings by or against a partnership, may
order the names of the persons who are partners in such
firm to be diclosed in such manner and verififed upon oath
or otherwise as the court may direct; and, in case of dispute,
the court shall settle who are the partners in any firm liable
to adjudication, and for this purpose may order such notices
to be given or such inquiries made or issues tried as it may
deem just and necessary.

79. The chief justice may make general rules and forms
for carrying into effet the objects of this ordinance.






PART V

SUPPLEMENTARY

Unclaimed funds or dividends.

80.(1) When the trustee has under his control any un-
claimed dividend which has remained unclaimed for more
than six months, or when, after making a final dividend, the
trustee has in his hands or under his control any unclaimed
or undistributed money arising from the property of the
debtor, he shall forthwith pay the same to the Registrar,
who shall carry the same to an account to be termed the
Bankruptcy Estates account. the Registrar's receipt for
the money so paid shall be a sufficient discharge to the
trustee in respect thereof.

(2) The trustee, whether he has obtained his release or
not, may be called upon by the court to account for any un-
claimed funds or dividends, and any failure to comply with
the requisitions of the court in this behalf may be dealt with
as a contempt of court.

(3) Any person claiming to be entitled to any moneys paid
into the Bankruptcy Estates Account may, within five years of
the date when the same was so paid in, apply to the Registrar
for payment to him of the same, and the Registrar, if satisfied'
that the person claiming is entitled, shall make an order
for the payment to such person of the sum due. Any person
dissatisfied with the decision of the Registrar may appeal to
the court.

(4) After any money has remained unclaimed in the Bank-
ruptcy Estates Account for a period of five years, the
Registrar shall pay the same over to the Treasurer for the
use of the crown, and all claims thereon shall be thenceforth
barred.

Administration of esates according to the
law of bankruptcy.

81(1) A creditor of a deceased debtor whose estate is
shown to be insufficient for the payment of the debts owing
by the deceased person may present a petition (the facts
alleged in which shall be verified by affidavit) to the court
praying for the administration of the estate of the deceased
person according to the law of bankruptcy, and the court,

As amended by Law Am, Ord., 1923, See No. 58 of 1911, s. 214(5).





if satisfied that the estate is insufficient for the of
the debts of the deceased person, shall make an order
accordingly.

(2) The petition shall be served on the personal representa-
tive of such deceased person or, if there is none in the Colony,
on the Official Administrator of intestate estates.

(3) On an order being made for the administration in
bankruptcy of the deceased debtor's estate, the court shall
appoint a trustee in whom all the debtor's property sliall
vest for the purpose of distribution.

(4) Subject to the provisions of this section, the provisions
of Parts II and III shall, so far as the saine are applicable,
apply to the case of an order for administration under this
,section in like manner as to an adjudication of bankruptcy.

(5) In the administration of the estate of the deceased
debtor under an order for administration, flineral and
testamentary expenses shall be deemed a preferential debt.

(6) Notice of the presentation of a petition under thiS
section shall, in the event of an order for administration
being made thereon, be deemed equivalent to notice of an
act of bankruptcy, and any transfer, disposition, charge,
delivery, contract, or payment made, relating to, or affecting
the property to be administered under the order, and any
execution or attachment had against the said property or
any part thereof, after notice of the presentation of such
petition, shall be void as against the trustee. Save as
aforesaid, nothing in this section shall invalidate any payment
made or any act or thing done or suflered in good faith before
the making of the order for administration.


Offences.

82.-(1) Any person against whom. tt receiving order has
been made, whether adjudged bankrupt or not, shall, in each
of the cases following, be guilty of a misdemeanor, and shall
be liable to imprisonment for any term not exceeding two
years; that is to say,-

(a) if he does not, to the best of his knowledge and belief,
fully and truly discover to the trustee all his property, and.
how, and to whom, and for what consideration, and when he
disposed of any part thereof, except such part as may have
been disposed of in the ordinary way of his trade or laid out




in the ordinary expense of his family, unless the jury is
satiffied that he had no intent to defraud;

(b) if he does not delivery up to the trustee or as he may
direct all such part of his property as is in his custody or under
his control and which he is required by law to deliver up,
unless the jury is satisfied that he had no intent to defraud;

(c) if he does not deliver up to the trustee or as he may
direct all books, documents, papers, and writings in his
custody or under his control relating to his property of affairs,
unless the jury is satisfied that he had no intent to defraud;

(d) if, after the presentation of a bankruptcy petition by
or against him or with four months next before such
presentation, he conceals any part of his property to the
value of fifty dollars or upwards, unless the jury is satisfied
that he had no intent to defraud or to conceal any debt due
to or from him;

(e) if, after the presentation of a bankruptcy petition by or
against him or within four months next before such presentat-
ions, he fraudulentyl removes any part of his property to the
value of fifty dollars or upwards;

(f) if he makes any material omission or mis-statement in
any statement relating to his affaris, unless the jury is
satisfied that he had no intent to defraud;

(g) if, knowing or believing that a false debt has been
proved by any person under the bankruptcy or composition
or scheme of arrangement, he fails for the period of one
month to inform the trustee thereof;

(h) if, after the presentation of a bankruptcy petition by
or against him, he prevents or is party to preventing the
production of any book, document, paper, or writing affecting
or relating to his property or affairs, unless the jury is
satisfied that he had no intent to conceal the state of his
affairs or to defeat the law;

(i) if, after the presentation of a bankruptcy petition by or
against him or within four months next before such
presentation, he conceals, destroys, mutilates, or falsifies,
or is privy to the concealment, destruction, mutilation, or
falsification of, any book or document affecting or relating to
his property or affairs, unless the jury is satisfied that he
had no intent to conceal the state of his affairs or the defeat
the law;





(j) if, after the presentation of a bankruptcy petition by
or against him or within four months next before such
presentation, he makes or is privy to the making of any
false entry in any book or document affecting or relating
to his property or affaris, unless the jury is satisfied that he
had no intent ti conceal the state of his affairs or to defeat the law;

(k) if, after the presentation of a bankruptcy petition by
or against him or within four months next before such pre-
sentation, he fraudulently parts with, alters, or makes any
omission, or is party to the fraudulently parting with, altering
or making any omission, in any document affecting or relating
to his property or affairs;

(l) if, after the presentation of a bankruptcy petition by or
against him or at any meeting of his creditors within four
months next before such presentation, he attempts to account
for any part of his property by fictitons losses or expenses;

(m) if, while undischarged, he obtains credit to the extent
of one hundred dollars or upwards from any person without
informing such person that he is an undischarged bankrupt;

(n) if, within four months next before the presentation of
a bankruptcy petition by or against him, he, by any false
representation or other fraud, has obtained any property on
credit and has not paid for the same;

(o) if, within four months next before the presentation of
a bankruptcy petition by or against him, he obtains, under
the false pretence of carrying on business and dealing in the
ordinary way of his trade, any property on credit and has
not paid for the same, unless the jury is satisfied that he had
no intent to defraud;

(p) if, within four months next before the presentation of
a bankruptcy petiton by or against him, he pawns, pledges,
or disposes of, otherwise than in the ordinary way of his
trade, any property which he has obtained on credit and has
not paid for, unless the jury is satisfied that he had no intent
to defraud; and

(q) if he is guilty of any false represtation or other fraud
for the purpose of obtaining the consent of his creditors or
any of them to any agreement with reference to his affairs
or his bankruptcy.





(2) A person who has sent out of the colony any property
which he had obtained on credit and not paid for shall, until
the contrary is proved, be deemed to have disposed of the
same otherwise than in the ordinary way of his trade, if, such
property not having been paid or accounted for at the date
of the receiving order by the person to whom the same was
sent, such last-emntioned person cannot be found or does
not pay or account for the same within a reasonable time
after being called upon to do so by the trustee.

(3) If any person against whom a receiving order is made,
after the presentation of a bankruptcy petition by or against
him or the service of a debtro's summons or bankruptcy
notice on him, or wihtin four months before such presentation
or sevice, quits the Colony and takes with him, or attempts
Colony and for taking with him, any part of his property, to
the amount of one hundred dollars or upwards, which ought
by law to be divided among his creditors, he shall (unless
the jury is satisfied that he had no intent to defraud) be
guilty of a misdemeanor punishable with imprisonment for any
term not exceeding two years.

(4) If any person against whom a receiving order is made
quits the colony, with intent to avoid service of any petition
or other process in bankruptcy, or to avoid examination in
respect of his affaris, or otherwise to defeat, embarrass, or
delay any proceedings against him in bankruptcy, he shall
be liable to imprisonment, without hard labour, not exceeding
one year, or to a fine not exceeding five hundred dollars. A
person who, after the presenation of a bankruptcy petition
by or against him, or the service of a debtor's summons on
him, or within three months next before such presentation
or service, quits the colony shall until the contrary is proved
be deemed to have quitted the colony with such intent as is
mentioned in this section.

(5) Any person shall, in each of the cases following, be
deemed guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding one year; that is
to say.

(a) if, in incurring any debt or liability, he has obtained
credit under false prentences or by means of any other fraud'

See No. 3 of 1890, s. 80(2).




(b) if he has, with intent to defraud his creditors or any
of them, made or caused to be made any gift, delivery, or
transfer of or any charge on his property.

(c) if he has, with intent to defraud his creditros, concealed
or removed any part of his property since or within two
months before the date of any unsatisfied judgment or order
for payment of money obtained against him; and

(d) if, after a receiving order has been made against him
and whether he has been adjudicated bankrupt or not, the
assets available for his unsecured creditors and for the costs
of bankruptcy and administration do not together amount
to twenty-five per cent, on the unsecured debts proved,
unless the jury is satisfied that the extent of his insolvency
arose from his misfortune unaccompanied by dishonesty or
reckless speculation or extravagance on his part.

83. If any creditor in any bankruptcy or composition
with creditors under the provisions of this Ordinance
wilfully and with intent to defraund makes any false claim,
or any proof, declaration, or statement of account which is
untrue in any material particular, he shall be guilty of a
misdemeanor punishable with imprisonment for any term
not exceeding one year.

84.(1) If, in the course of any proceedings taken under
any bankruptcy petition or on the representationof the
trustee or of any creditor, it appears to the court that there
is reason to suppose that any person has been guilty of any
offence under this Ordinance, the court may order the
prosecution of such person accordingly, and in any such
case may order the person to be prosecuted into custody, if
present, or, if not present, may grant a warrant for his
arrest and detention until he can be taken before a magis-
trate to be dealt with according to law.

(2) Where any person is liable under any other Ordinance,
or under any Act of Parliament, or at common law to any
punishment or penalty for any offence made punishable by
this ordinance, such person may be proceeded against under
such other Ordinance, Act of Parliament, or at common law,
or under this Ordinance, so that he be not punished twice
for the same offence.






(3) Where a debtor has been guilty of any criminal
offence, he shall not be exempt from being proceeded against
therefor by reason that he has obtained his discharge or
that a composition or scheme of arrangement has been
accepted or approved.


Schedules

85. the forms in the First Schedule with such variations
and additions as circumstances may require, may be used
for proceedings under this Ordinance and shall, as regards
the form thereof, be valid and suddicient.

86. the fees mentioned in the second Schedule shall be
charge in respect of the various matters to which they
relate: Provided that the court may, for good cause shown,
dispense with the payment of any particulars fee or fees or
any part thereof, on such terms as it may think fit.

87. All fees and commissions received hy or payable to
the Official Receiver on the appointment of a trustee other
than himself or for acting as trustee, and any remuneration
received by the Official Receiver as an interim receiver or
otherwise, shall be paid by such officer forthwith into the
Treasury.

FIRST SCHEDULE
Form NO,1
General title in bankruptcy proceedings
In the supreme court of hongkong
in in bankruptcy No. of 19
Re. A.B.[debtor's name]
Ex parte the debtor [or C.D. a creditor, or the Official receiver, or
the trustee.]


Form No. 2
Declaration of inability to pay debts.

I, A.B.[ name address, and descirption of debtor] [ and carrying on
business at ] hereby declare that i am unable to pay my debts.
dates this day of 19
(Signed) A.B.

Signed by the debtor in my presence
Signature of witness
Address
Desciption
Filed the day of 19





Form No. 3
Debtor's petition
(TITLE.)
1, A.B., address, and description of debtor] [and carrying on

business at 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
(Signed.) A.B
Signed by the debtor in my
Signature of xvitness
Address
Description.
Filed the day of

FoRm No. 4.
Bankruptcy notice,
(TITLE.' )

To A.B. [or A.B. and Co.] of
Take notice that, within days after service of this notice on you
excluding the day of such service, you intist pay to C.D. of
the sum of claimed by him as being the amount due on a
final judgment obtained by him. against you in the Supreme Court, dated
the day of 19' whereon execution has not,
been staved, or you inust secure or compound for the said sum to his
satisfaction or the satisfaction of the court, or you must satisfy the court
that you have a counterclaim, set-off, or cross-demand
which equals or exceeds the sum claimed by him and which you could
not set up in the action in which the judgment was obtained.

BY the court,
(Signed.)
Dated this day of 19

Indorsentent on notice
You are specialty to 'note-
that the consequetices of' not complying with the requisitions of this
notice are that you will have committed an act of bankruptcy on which
bankruptcy proceedings may be taken against you.
If, however, you have a counterclaim, set-off, or cross-denjand which
equals or exceeds the amount claimed by C.D. in respect Of the
judgment and which you could not set up in the action in which the
said judgment was obtained, you inust Within days apply to the
court to set aside this notice.
(Name and address of person taking out the notice.)
(a.) This notice is taken out by C.D. in person..





FORM NO. 5
Request for issue of bankruptcy notice

(TITLE)

1. I, C.D. of hereby request that a bankruptcy notice be
issued by this court against A.B. [here insert name, address, and
decription of judgment debtor.]

2. The said A.B. has, for the greater part of the past six months,
resided at [or carried on business at

3. Final judgment for $ was obtained by me against the said
A.B. in the supreme court on the day of 19

4. Execution on the said judgment has not been stayed.
dated this day of 19

(signed) C.D. judgment creditor, or
[E.F. solicitor of C.D.]

FORM NO. 6

CREDITOR'S PETITION

(TITLE)

1. i, c,d. OF [OR we, C.D., of and E, F, of
] hereby petition the court that a receiving order be made
in respect of the esate of A,B. [here insert name, address, and
descirption of debtor,]

2. The said A.B, is domiciled in this colony [or, within a year before
the dat e of the presentation of this petition, has ordinarily resided, or
had a dwelling-house, or had a place of business, in the colony.]

3. the said A.B. is justly indebted to me [or to us in the aggregate]
in the sum of $ [set out amount of debt or debts and the
consideration.]

4. I [or We] do not nor does any person on my [or our] behalf hold
any secrurity on the said debtor's estate or on any part thereof for the
payment of the said sum,
or

4. I [or We ] hold security for the payment of [or part of] the said
sum [but i (or we) will give up such security for the benefit of the
creditros of A.B. in the event of his being adjudged bankrupt] [ or and
I (or we) estimate the value of such security at the sum of $ ].

or

4. I, C.D. hold security for the payment of etc.
I, E,F, hold security for the payment of etc.





5, The said A.B. within four months before the date of the presenta-
tion of this petition has committed We following act [or acts] of
bankruptcy, namely, [here set out separately the act or nets of bank-
ruptcy]

Dated this day 19

Signied by the petitoner [or petitioners] in my presence
Witness
Address
Description.

N.B. this petition must be verified by affidavit

indorsement

This petition having been presented to the courl, on the day of
19, at o' clock in the noon, it is
ordered that this petition shall be heard at on day,
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
dispute the truth of any of the statements contained in the petition, you
must file with the registrar of this court a notice showing the grounds
on which you intend to dispute the same and serve a copy of the notice
on the petitioner two days before the date fixed for the hearing.

form no. 7

creditor's petition for the administration of an estate according
to the law of bankruptcy made under section 81.

1. I c,d of [or we, etc] hereby petiton the court that
an order be made for the administration in bankruptcy of the estate
\ of

2. [describe the estate sought to be administered, and state the provions
vesting or the estate, so far as the same is material to the application]

3. the estate fo the said a, b is justly indebted to me [or to us in
the aggregate] in the sum of $ [set out amount of debt and
consideration.]

4. I[or we] do not nor does any person on my [or our] behalf hold
any security on the said estate or on any part thereof, [or as in form
no, 6-creditor's petition]

5. the estate of the said a, b is (according to my [or our] informa-
tion and belief) insufficient to pay the debts due therefrom.






indorsement
This petition having been presented to the court on the day of

19 it is ordered that this petition shall be heard
on day, the day of
19 o'clock in the noon.
if you the said [party on whom service is required to be made] intend
to dispute the matter of any of the statements contained in the petition,
you must file with the registrar of this court a notice showing the
grounds on which you intend to dispute the same and serve a copy of
the notice on the petitioner two days before the day fixed for hearing

form NO. 8.

receiving order
(title)

on the petition of the debtor himself [or of C.D. of
a creditor] filed the day of , 19, the
Official Receiver, Mr. is hereby constituted receiver of the
estate of A.B. [name, address, and description of debtor]
dates this day of 19

[l.s.] (signed) registrar

form no. 9

order for administration of an estate according to the
law of bankruptcy
(title)

on the petition of C.D. and on reading
and hearing it is ordered that the estate of A.B. [name
that the Official Receiver, Mr. be the trustee; and
that the costs of this application be
dates this day of 19

by the court, [l.s.] (Signed) registrar

form no, 10

notice by debtor of intention to oppose petition.

(title)

in the matter of a bankruptcy petition presented
against me on the day of 19, by c.D. of

I, the above, A.B. do hereby give you notice that I intend to dispute
the petitioning creditor's debt [or the act of bankruptcy, or as the case
may be]. Date this day of 19
(Signed) A.B.

to C.D. of and to the Registrar of the said court.







632 No. 7 of 1891 BANKRUPTCY



BANKRUPTCY No. 7 of 1891 633




634 No. 7 of 1891 BANKRUPTCY




FORM No. 12. [s. 19.]
Order of adjudication.
(TITLE,)
Pursuant to a petition dated the day of 19
against A.B., address, and description of debtor] on which a
receiving order was made on the day of 19
and on the application of and on reading and
hearing it is ordered that the debtor be and the said debtor
is hereby bankrupt.
Dated this day of 19
BY the court,

[L. S.] (Signed.) Registrar.

FORM No. 13 [s. 27.]
Order of discharge.
(TITLE,)

On the application of A.B., adjudicated bankrupt on the day of
19 , and on reading and hearing
it is ordered that he be and he is hereby discharged [or that
his discharge be suspended for (insert period) and that he be discharged
as froin the day of 19 or that he be discharged
subject to the following conditions, namely, (insert conditions), or that
his discharge be and it is refused].

Dated this day of 19
By the court,
[L,.S.] (Signed.) Registrar.

FORM NO. 14 [s. 18.]

Order sanctioning composition or seheme.
(TITLE.)
on the application of and on reading and hearing
and the court being satisfied that the creditors in the above
matter have duly accepted and approved a composition [or scheme of
arrangement] in the following terms, namely, [here insert terms, if short,

if not, insert in the terms contained in Exhibit A. annexed hereto]
the said composition [or scheme] is hereby sanctioned.
Dated this day of 19
By the court,

[L.S.] (Signed.) Registrar






FORM NO. 15 [s. 30]

I, of make oath and say [if the affidavit is made by a clerk
or agent of the creditor, set out here the representative character of the
deponent and the authority to make the affidarit.]

the said a.b, was, at the date of the receiving order, and still is,
justly and truly indebted to [me] in the sum of $ for [state
consideration, insert a summary of account, and describe rouchers, if
any] for which said sum or any part thereof I say that [I have] not, nor
has any person, to my knowledge or belief, to [my] use, had or received
any manner of satisfaction or security whatsowver [save and except the
following] [set out securities and where they are on the property of
the debtor, assess the value.]
sworn, etc.

form no. 16

n.b. this form may be annexed to the affdavit of proof

(title)
I, of do hereby appoint
of as my proxy in this matter excepting as to [or including]
the receipt of dividend.
dated this day of 19
(signed)
signed by the said [for self and partners]
in the presence of

form no. 17
notice to creditors of second general meeting


(TULE.)
HONGKONG,
Sir
At the Erst meeting of the creditors in the above matter held at
on the day of 19 , it was
resolved by special resolution of the ereditors present to entertain a,
proposal for a composition [or scheme of arrangement] in the following
terms [state terms of proposal]
The meeting for the purpose of deciding whether the above resolution
shall be confirmed will be held at on the day
Of 19
The proposal for a composition can be confirmed only by a majority
in number, representing three-fourths, in value, of all the creditors who
have proved, and is subject to the approval of the court.
I am, &c
(Signed.) Offcial Receiver.
To Esq, ec.

NOTE-The advertisement in the Gazette and local newspaper can
be in the above form, omitting the address.








Form No. 18
Certificate of appointment of trustee
[title]

this is to certify that of has been
duly appointed and approved as trustee of the estate of A.B. who was
adjudicated bankrupt on the day of 19
Dated this day of 19 by the court,

[l.s.] (Sigined) registrar
form no. 19
gazette motice of intention to declare dividend

(title)

bankruptcy notice

a [final] dividend is intended to be declared in the matter of A.B.
of adjudicated bankrupt on the day of 19
creditors who have not proved their debts by the day
of 19 will be excluded
dated this day of 19 trustee

form No. 20

notice to creditors who have not proved
(title)

in the matter of A.B. adjudicated bankrupt on the day of
19 a [final] dividend is intended to be declared

you are mentioned in the debtor's statement of affairs, but you have
not yet proved your debt.

Creditors who have not proved by the day of
19, will be excluded form this dividend.

form no. 21
gazette notice of dividend
(title)
bankruptcy notice

a [final] dividend of in the dollar has been declared in the
matter of A.B. of adjudicated bankrupt on the day of
19 and the same may be received at
on the day of 19 or on any other
susequent [monday] between the hours of and
creditors applying for payment must produce any bills of exchange or
other securities held by them and must sign a receipt in the prescribed
form.

dated this day of 19
(signed) trustee.





form no. 22
affidavit verifying trustee's account
(title)
I, of , the trustee of the above-named bankrupt, make
oath and say that the account hereunto annexed, marked A, 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 19 inclusive, and that I have not, nor has
any other person by my order or for my use, during such period received
any money on account of the said estate other than and except the items
mentioned and specified in the said account.

Sworn, etc.
(signed) trustee

form no. 23 [s. 24.]
Warrant for arrest of debtor
(TITLE.)
TO officer of this court and his assistants and to
the Superintendent of

WHEREAS by evidence Laken upon oath it has been made to appear, to
the satisfaction of the court, that [here Ihe for the, of
the warrant] This is, therefore, to require you the said and
others, to take the said and to deliver him to the Superintend
ent of Prisons and yon, the said Superintendent, to receive the said
and him safely to keep in the Gaol until such time as this.
court may order.
Dated this day of
BY the court,
(Signed.)

FoRm No. 24 [s. 24]

Warrant of seizure
(TITLE.)
To officer of this court and
WHEREAS on the day of 19 a
order was made against the said debtor : This is, therefore, to require,
you to enter into and upon the house and houses and other the premises
of the said debtor and there to seize all goods, money, and effects, and
also all papers and 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, 1891, and
the things so seized safely to detain and keep in Your possession until

As amended by Law Rev. Ord,. 1923.





you shall receive orders for the disposal thereof from the Official
Receiver or trustee, and in ease of resistance or if not having the key of
any door or of any premises as aforesaid, you shall break open or
cause the same to be broken open for the better execution of this
warrant.

Dated this day of 19

By the court,

[L.S.] (Signed.) Registrar.

form No. 25 [s. 44.]

Scarch warrant

To officer this court and his assistants

WHEREAS' by evidence taken upon oath it has been made to appear to
the court that there is reason to saspect and believe that property of
the said debtor is concealed in the house [or other place, describing it]
of one of such house [or place] not belonfing to
the sald debtor . This is, therefore, to require You to enter in the day-time
into the house [or other place, descrilbing it] of the said
situate at aforesaid, and there diligently to search for the

said property, and it any property of the said debtor shall be there
found by you on such search, to seize the same to be disposed of and
dealt with according to law,

Dated this day of 19
By the court,
[l.s.] (Signed.) Registrar.

FoRm No. 26. [s. 26.]
Order to pay admitted debt

(TITLE.)
whereas 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 $ it is ordered that the said
do pay to the trustee herein in full discharge of the sum so admitted,
the sum of $ forthwith [or, If otherwise, state the time and Manner
of payment] and do further pay to the said trustee the sum of $
for costs.

Dated tbis day of 19

By the court,

[l.s.] (Signed.) Registrar.





Form No. 27. s. 25.

Order to Postmaster general or agent of telegraph company

(Title)
On the applicatioll of G.H. the Official Receiver [or the trustee] or
the property of the above-named debtor, it is ordered that, for a period
of three months from the day of 19
all post letters and parcels ror telegraws] directed or addressed to the
said debtor in the Colony shall be re-directed, sent, or delivered by
the Postmaster General or officer acting under him [or by the agent of
the telegraph company to the, Official Receiver [or trustee] at
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 [or to the agent of the telegraph company]

Dated this day of

By the court,

[l.s.] (signed) registrar

SECOND SCHEDULE
SCALE OF FEES AND PERCENTAGES
TABLE A

1. every declaration by a debtor of inability to pay his
debts .......................$ 2.50
2. Every bankruptcy notice...........................2.50
3. Every bankruptcy petition ........ ...................... ..........30.00
4. Every bond with sureties ....................6.00
5. Every affidavit filed, other than proof of debts 1.00
6. Every subpoena or summons under section 26............0.50
7. (a) For taking an affidavit, or an affirmation, or a declaration,
or attestation upon honour in lieu of an affidavit or
a declaration, except for proof of debt, for each person
making the same...........1.00
(b) And in addition thereto for each exhibit therein referred
to and required to be marked.....................0.50
8. On every proof of debt above $ 20.............0.50
9. Every petition under section 81 ...............30.00
10. (a) Every application for an order of discharge, including
expense of gazetting...................15.00
(b) And for each creditor to be notified .............0.50
11. Every application for search other than by petitioner,
trustee, bankrupt, or any officer of the court........ 1.00





12. Every application to the court, except by the official
Receiver when acting either as official receiver or
trustee....................#3.00
13. Every order of the court .........................4.00
14. Every office copy, each folio of 72 words ..........0.25
15. Every allocatur by the taxing officer of the court for any
costs, charges, or disbursements:-
Where the amount allowed shall not exceed $100...........3.00
Where the amount exceeds $100:-
for the first $100............3.00
for every additional $100 or fraction thereof........1.00
16. Every application to the court to appoint a special manager
or to carry on the business of a debtor..............3.00
17. Every application under section 80 to the Registrar of the
supreme court for payment of money out of the
bankruptcy estates account......................1.50
18. Every application to the court to approve composition, a fee
computed at the following rates on the gross amount of
the composition, viz., $10 on every $1,000 or fraction
of $1,000 up to $5,000 and $5 on every $1,000 or
fraction of $1,000 beyond $50,000.

19. Every application to the court to approve a scheme of
arrangement, a fee computed at the following rates on
the gross amount of the estimated assets (but not ex-
ceeding the gross amount of the unsecured liabilities),
viz., $10 on every $1,000 or fraction of $1,000 up to
$50,000, and $5 on every $1,000 or fraction of $1,000
beyond $50,000:


Provided that where a fee has been taken on a previous
application to the court ot apporve 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.

20. On one copy of an account, showing assets realized, for-
warded by the official receiver or trustee to the regis
trar of the supreme court, a fee according to the
following scale on the gross amount of the assets
realized and brought to credit, viz., $10 on every
$1,000 or fraction of $1,000 up to $50,000 and $5 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 arrangment,
seven-eighths of the amount thereof shall be deducted
from the fee.

21. On every application for release by a trustee, a fee of $1.25
on every $1,000 or fraction of $1,000 of assets realized
and brought to credit.





TABLE 13.

1. On the net assets realized or brought to credit, by the Official
Receiver whether acting as Interim receiver, receiver, or trustee, after
deducting any sums paid to secured creditors in respect of their
securities and not being assets realized by a special. manager or money
received and spent in carrying on the bosiness of the debtor, and on
the net assets realized by an Official Receiver when acting as trustee
to administer a debtor's property under a composition, in scheme, after
deducting any sums paid to secured creditors in respect of their
securities, and not being moneys received and spent in carrying on
the business of a debtor, a percentage according to the following
Scale:-

On the first $10,000 or fraction thereof $5 per cent

On the next. $15,000 or fraction 4 per cent.

On the next $25,000 or fraction thereof 3 per cent.

On the next $50,000 or fraction thereof 2 per cent.

on all further sums ...............1 per cent.

2. On the amount distributed to creditors by the Official
when acting as trustee under a composition :-

On the first $ 5,000 or fraction thereof $2 per cent-

On the next $ 5,000 or fraction thereof 1,1/2 per cent,.

On the next $10,000 or fraction thereof 1 per cent.

on all further sums ...............1/2 per cent.

.3. on the amount distrikaed in dividend by the Official Receiver,
when acting as trustee under adjudications, schemes, or orders of
administration of the property of a deceased insolvent, a
according to the following scale:-

On the first $10,000 or fraction thereof $2 1/2 per cent.

On the next $15,000 or fraction thereof 2 per, cent..

On the next $25,000 or fraction thereof 1 1/2 per cent

On the next $50,000 fraction thereof 1 per cent.

On all further sums .............1/2 per cent.

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 .........$30.00
And, in addition, where the order is in force for a
longer period than fourteen days, for every seven
(fitys after the first fourteen, and for every fraction
of seven days..............................................10.00





5. For each notice by an Official Receiver to a creditor of a first or
any other meeting, or sitting or the court:-

Where the estimated value of the estate exceeds
$1,000 each notic.....................$0.50

Where the estimated value of the assets does not
exceed $1,000:-

On the first twenty notices each notice..........0.50

For each notice above twenty..................0.25

Each notice by an Official Receiver to a creditor of
an adjourned meeting or an adjourned sitting of the
court...........0.25

6. For the official receiver supervising a special manager or the
carrying on of a debtor's business, where the estimated assets exceed
$1,000 a fee according to the following scale:-

If the gross assets are estimated by the official
receiver not to exceed $5,000.............$10.00

If to exceed $5,000 but not to exceed $50,000.........$10.00
If to exceed $50,000 but not to exceed $50,000.........20.00
If to exceed $100,000 but not to exceed $200,000.........30.00
If to exceed $100,000 but not to exceed $200,000.........40.00
If to exceed $200,000 ...................................50.00

7. travelling, keeping possession, and other reasonable expenses of
Official Receiver the amount disbursed.

8. for official stationery, printing, books, forms, and postages, each
estate:

for every ten applications to debtors to an estate, or
fraction of ten........................$1.00

for every ten creditors or fraction of ten where the
estimated assets exceed $1,000.........$5.00

Where the estimated assets do not exceed $1,000

for evenry creditors or fraction of ten up to twenty 5.00
for evenry creditors or fraction of ten above twenty 2.50

9. On every payment under section 80 of money out of the bank-
ruptcy estates account 10 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.

No. 8 of 1891, repealed by No. 23 of 1909.




[Originally No. 20 of 1891. No. 2 of 1915. Law rev. Ord., 1923.] Short title. Interpretation. 46 & 47 vict, c. 52, s. 168. Enumeration of acts of bankruptcy. 46 & 47 Vict, c. 52, s. 4. [s. 3 contd.] 53 & 54 Vict, c. 71, s. 1. First Schedule, Forms Nos. 2 and 3. First Schedule, Forms Nos, 4 and 5. Meaning of the word debtor. Jurisdiction to make receiving order. 46 & 47 Vict, c. 52, s. 5. First Schedule. Form No. 8. Conditions on which creditor may petition. 46 & 47 Vict, c. 52, s. 6. Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. 46 & 47 Vict, c. 52, s. 7. First Schedule. Form No. 6. First Schedule. Form No. 10. Debtor's petition. 46 & 47 Vict, c. 52, s. 8. First Schedule. Form No. 3. Appointment of Official Receiver. Effect of receiving order. 46 & 47 Vict, c. 52, s. 9. Making of order for immediate possession of bankrupt's property after petition. 46 & 47 Vict, c. 52, s. 10. Appointment of manager or interim receiver. 46 & 47 Vict, c. 52, s. 12. Advertisement of receiving order. 46 & 47 Vict, c. 52, s. 13. Duties of Official Receiver. [s. 14 contd.] 46 & 47 Vict, c. 52, s. 70. 46 & 47 Vict, c. 52, s. 69. First and other meetings of creditors. 46 & 47 Vict, c. 52, s. 15. And First Schedule. First Schedule. Form No. 16. Debtor's statement of affairs. 46 & 47 Vict, c. 52, s. 16. First Schedule. Form No. 11. Proceedings at public examination of debtor. 46 & 47 Vict, c. 52, s. 17. Composition or scheme of arrangement. 53 & 54 Vict, c. 71, s. 3. First Schedule. Form No. 17. [s. 18 contd.] First Schedule. Form No. 14. Cases in which adjudication of bankruptcy to be made. 46 & 47 Vict, c. 52, s. 20. First Schedule. Form No. 12. Nomination, appointment, etc., to trustee. 46 & 47 Vict, c. 52, s. 21. First Schedule. Form No. 18. Committee of inspection. 46 & 47 Vict, c. 52, s. 22. Power to accept composition or scheme after adjudication, etc. 46 & 47 Vict, c. 52, s. 23. Duties of debtor as to discovery and realization of property. 46 & 47 Vict, c. 52, s. 24. Arrest of debtor and seizure of his property. 46 & 47 Vict, c. 52, s. 25. First Schedule. Form No. 23. First Schedule. Form No. 24. Re-direction of debtor's letters, etc. 46 & 47 Vict, c. 52, s. 26. First Schedule. Form No. 27. Discovery of debtor's property. 46 & 47 Vict, c. 52, s. 27. First Schedule. Form No. 26. Proceedings for and on discharge of bankrupt. 53 & 54 Vict, c. 71, s. 8. First Schedule. Form No. 13. [s. 27 contd.] Effect of order of discharge. 46 & 47 Vict, c. 52, s. 30. Annulling of adjudication in certain cases. 46 & 47 Vict, c. 52, s. 35. Mode of proving debt. First Schedule. Form No. 15. [s. 30 contd.] Description of debts provable. 46 & 47 Vict, c. 52, s. 37. Mutual credit and set-off. 46 & 47 Vict, c. 52, s. 38. Payment of preliminary expenses. Priority of payment of debts. 46 & 47 Vict, c. 52, s. 40. Distress for rent. 46 & 47 Vict, c. 52, s. 42. Ordinance No. 1 of 1883. Relation back of trustee's title. 46 & 47 Vict, c. 52, s. 43. Description of property divisible among creditors. 46 & 47 Vict, c. 52, s. 44. [cf. No. 7 of 1886, s. 2.] Restriction of rights of execution creditor. 46 & 47 Vict, c. 52, s. 45. Duty of bailiff. 46 & 47 Vict, c. 52, s. 46. Avoidance of voluntary settlements. 46 & 47 Vict, c. 52, s. 47. Avoidance of preferences in certain cases. 46 & 47 Vict, c. 52, s. 48. Protection of bona fide transactions without notice. 46 & 47 Vict, c. 52, s. 49. Possession of property by trustee. 46 & 47 Vict, c. 52, s. 50. Seizure of property of bankrupt. 46 & 47 Vict, c. 52, s. 51. First Schedule. Form No. 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of officers. 46 & 47 Vict, c. 52, s. 53. Disclaimer of onerous property. 46 & 47 Vict, c. 52, s. 51. 46 & 47 Vict, c. 52, s. 55. [s. 48 contd.] Powers of trustee to deal with property. 46 & 47 Vict, c. 52, s. 56. Powers exercisable by trustee with permission of committee of inspection. 46 & 47 Vict, c. 52, s. 57. Declaration and distribution of dividends. 46 & 47 Vict, c. 52, s. 58. First Schedule. Forms Nos. 19 and 20. First Schedule. Form No. 21. Joint and separate dividends. 46 & 47 Vict, c. 52, s. 59. Provision for creditors residing at a distance, etc. 46 & 47 Vict, c. 52, s. 60. Right of creditor proving after dividend. 46 & 47 Vict, c. 52, s. 61. Final dividend. 46 & 47 Vict, c. 52, s. 62. First Schedule. Form No. 21. Barring of action for dividend. 46 & 47 Vict, c. 52, s. 63. Employment of and allowance to bankrupt. 46 & 47 Vict, c. 52, s. 64. Right of bankrupt to surplus. 46 & 47 Vict, c. 52, s. 65. Costs and remuneration. 46 & 47 Vict, c. 52, ss. 72, 73. Payment of moneys into bank. 46 & 47 Vict, c. 52, ss. 74, 75. Record and account to be kept by trustee. 46 & 47 Vict, c. 52, s. 80, Audit of trustee's accounts and order therein. 46 & 47 Vict, c. 52, ss. 78. First Schedule. Form No. 22. Fees and remuneration of Official Receiver and trustee. 46 & 47 Vict, c. 52, s. 128. Second Schedule. Costs where joint estate insufficient. Conditions of trustee's release. 46 & 47 Vict, c. 52, s. 82. Official name and general powers of trustee. 46 & 47 Vict, c. 52, s. 83. Removal of trustee. 46 & 47 Vict, c. 52, s. 86. Directions to trustee. 46 & 47 Vict, c. 52, s. 80. Appeal to the court against trustee. 46 & 47 Vict, c. 52, s. 90. Disobedience to order of the court. Jurisdiction to be exercised by the court, etc. 46 & 47 Vict, c. 52, s. 92. Consolidation of petitions. 46 & 47 Vict, c. 52, s. 106. Continuance on death of debtor. 46 & 47 Vict, c. 52, s. 108. Power to stay proceedings. 46 & 47 Vict, c. 52, s. 109. Case of two or more respondents. 46 & 47 Vict, c. 52, s. 111. Action by trustee and partner of bankrupt. 46 & 47 Vict, c. 52, s. 113. Action on joint contract. 46 & 47 Vict, c. 52, s. 114. Proceedings in partnership name. 46 & 47 Vict, c. 52, ss. 123. Making of rules and forms. 46 & 47 Vict, c. 52, s. 127. Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. 46 & 47 Vict, c. 52, s. 125. First Schedule. Forms Nos. 7 and 9. Punishment of fraudulent debtors. 32 & 33 Vict, c. 62, s. 11. [s. 52 contd.] [s. 82 contd.] [s. 82 contd.] 46 & 47 Vict, c. 52, s. 12. 46 & 47 Vict, c. 52, s. 13. Punishment of creditor making false claim, etc. 32 & 33 Vict, c. 62, s. 14. Prosecution of offences. Forms. First Schedule. Fees. Second Schedule. Disposal of fees, etc., of Official Receiver.

[Originally No. 20 of 1891. No. 2 of 1915. Law rev. Ord., 1923.] Short title. Interpretation. 46 & 47 vict, c. 52, s. 168. Enumeration of acts of bankruptcy. 46 & 47 Vict, c. 52, s. 4. [s. 3 contd.] 53 & 54 Vict, c. 71, s. 1. First Schedule, Forms Nos. 2 and 3. First Schedule, Forms Nos, 4 and 5. Meaning of the word debtor. Jurisdiction to make receiving order. 46 & 47 Vict, c. 52, s. 5. First Schedule. Form No. 8. Conditions on which creditor may petition. 46 & 47 Vict, c. 52, s. 6. Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. 46 & 47 Vict, c. 52, s. 7. First Schedule. Form No. 6. First Schedule. Form No. 10. Debtor's petition. 46 & 47 Vict, c. 52, s. 8. First Schedule. Form No. 3. Appointment of Official Receiver. Effect of receiving order. 46 & 47 Vict, c. 52, s. 9. Making of order for immediate possession of bankrupt's property after petition. 46 & 47 Vict, c. 52, s. 10. Appointment of manager or interim receiver. 46 & 47 Vict, c. 52, s. 12. Advertisement of receiving order. 46 & 47 Vict, c. 52, s. 13. Duties of Official Receiver. [s. 14 contd.] 46 & 47 Vict, c. 52, s. 70. 46 & 47 Vict, c. 52, s. 69. First and other meetings of creditors. 46 & 47 Vict, c. 52, s. 15. And First Schedule. First Schedule. Form No. 16. Debtor's statement of affairs. 46 & 47 Vict, c. 52, s. 16. First Schedule. Form No. 11. Proceedings at public examination of debtor. 46 & 47 Vict, c. 52, s. 17. Composition or scheme of arrangement. 53 & 54 Vict, c. 71, s. 3. First Schedule. Form No. 17. [s. 18 contd.] First Schedule. Form No. 14. Cases in which adjudication of bankruptcy to be made. 46 & 47 Vict, c. 52, s. 20. First Schedule. Form No. 12. Nomination, appointment, etc., to trustee. 46 & 47 Vict, c. 52, s. 21. First Schedule. Form No. 18. Committee of inspection. 46 & 47 Vict, c. 52, s. 22. Power to accept composition or scheme after adjudication, etc. 46 & 47 Vict, c. 52, s. 23. Duties of debtor as to discovery and realization of property. 46 & 47 Vict, c. 52, s. 24. Arrest of debtor and seizure of his property. 46 & 47 Vict, c. 52, s. 25. First Schedule. Form No. 23. First Schedule. Form No. 24. Re-direction of debtor's letters, etc. 46 & 47 Vict, c. 52, s. 26. First Schedule. Form No. 27. Discovery of debtor's property. 46 & 47 Vict, c. 52, s. 27. First Schedule. Form No. 26. Proceedings for and on discharge of bankrupt. 53 & 54 Vict, c. 71, s. 8. First Schedule. Form No. 13. [s. 27 contd.] Effect of order of discharge. 46 & 47 Vict, c. 52, s. 30. Annulling of adjudication in certain cases. 46 & 47 Vict, c. 52, s. 35. Mode of proving debt. First Schedule. Form No. 15. [s. 30 contd.] Description of debts provable. 46 & 47 Vict, c. 52, s. 37. Mutual credit and set-off. 46 & 47 Vict, c. 52, s. 38. Payment of preliminary expenses. Priority of payment of debts. 46 & 47 Vict, c. 52, s. 40. Distress for rent. 46 & 47 Vict, c. 52, s. 42. Ordinance No. 1 of 1883. Relation back of trustee's title. 46 & 47 Vict, c. 52, s. 43. Description of property divisible among creditors. 46 & 47 Vict, c. 52, s. 44. [cf. No. 7 of 1886, s. 2.] Restriction of rights of execution creditor. 46 & 47 Vict, c. 52, s. 45. Duty of bailiff. 46 & 47 Vict, c. 52, s. 46. Avoidance of voluntary settlements. 46 & 47 Vict, c. 52, s. 47. Avoidance of preferences in certain cases. 46 & 47 Vict, c. 52, s. 48. Protection of bona fide transactions without notice. 46 & 47 Vict, c. 52, s. 49. Possession of property by trustee. 46 & 47 Vict, c. 52, s. 50. Seizure of property of bankrupt. 46 & 47 Vict, c. 52, s. 51. First Schedule. Form No. 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of officers. 46 & 47 Vict, c. 52, s. 53. Disclaimer of onerous property. 46 & 47 Vict, c. 52, s. 51. 46 & 47 Vict, c. 52, s. 55. [s. 48 contd.] Powers of trustee to deal with property. 46 & 47 Vict, c. 52, s. 56. Powers exercisable by trustee with permission of committee of inspection. 46 & 47 Vict, c. 52, s. 57. Declaration and distribution of dividends. 46 & 47 Vict, c. 52, s. 58. First Schedule. Forms Nos. 19 and 20. First Schedule. Form No. 21. Joint and separate dividends. 46 & 47 Vict, c. 52, s. 59. Provision for creditors residing at a distance, etc. 46 & 47 Vict, c. 52, s. 60. Right of creditor proving after dividend. 46 & 47 Vict, c. 52, s. 61. Final dividend. 46 & 47 Vict, c. 52, s. 62. First Schedule. Form No. 21. Barring of action for dividend. 46 & 47 Vict, c. 52, s. 63. Employment of and allowance to bankrupt. 46 & 47 Vict, c. 52, s. 64. Right of bankrupt to surplus. 46 & 47 Vict, c. 52, s. 65. Costs and remuneration. 46 & 47 Vict, c. 52, ss. 72, 73. Payment of moneys into bank. 46 & 47 Vict, c. 52, ss. 74, 75. Record and account to be kept by trustee. 46 & 47 Vict, c. 52, s. 80, Audit of trustee's accounts and order therein. 46 & 47 Vict, c. 52, ss. 78. First Schedule. Form No. 22. Fees and remuneration of Official Receiver and trustee. 46 & 47 Vict, c. 52, s. 128. Second Schedule. Costs where joint estate insufficient. Conditions of trustee's release. 46 & 47 Vict, c. 52, s. 82. Official name and general powers of trustee. 46 & 47 Vict, c. 52, s. 83. Removal of trustee. 46 & 47 Vict, c. 52, s. 86. Directions to trustee. 46 & 47 Vict, c. 52, s. 80. Appeal to the court against trustee. 46 & 47 Vict, c. 52, s. 90. Disobedience to order of the court. Jurisdiction to be exercised by the court, etc. 46 & 47 Vict, c. 52, s. 92. Consolidation of petitions. 46 & 47 Vict, c. 52, s. 106. Continuance on death of debtor. 46 & 47 Vict, c. 52, s. 108. Power to stay proceedings. 46 & 47 Vict, c. 52, s. 109. Case of two or more respondents. 46 & 47 Vict, c. 52, s. 111. Action by trustee and partner of bankrupt. 46 & 47 Vict, c. 52, s. 113. Action on joint contract. 46 & 47 Vict, c. 52, s. 114. Proceedings in partnership name. 46 & 47 Vict, c. 52, ss. 123. Making of rules and forms. 46 & 47 Vict, c. 52, s. 127. Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. 46 & 47 Vict, c. 52, s. 125. First Schedule. Forms Nos. 7 and 9. Punishment of fraudulent debtors. 32 & 33 Vict, c. 62, s. 11. [s. 52 contd.] [s. 82 contd.] [s. 82 contd.] 46 & 47 Vict, c. 52, s. 12. 46 & 47 Vict, c. 52, s. 13. Punishment of creditor making false claim, etc. 32 & 33 Vict, c. 62, s. 14. Prosecution of offences. Forms. First Schedule. Fees. Second Schedule. Disposal of fees, etc., of Official Receiver.

https://oelawhk.lib.hku.hk/items/show/1147

1923

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