BANKRUPTCY AND INSOLVENCY ORDINANCE
Title
BANKRUPTCY AND INSOLVENCY ORDINANCE
Description
Bankruptcy and Insolvency.
No. 5 of 1884.
An Ordinance to emend the Law of Debtor and Creditor.
[16th April, 1864.]
H C P LAS it is expedient to amend the laws relating to
persons.
[See or,i7-- Wvho are unable to meet their enffa~rements : 13e it
therefore
im-noes l1ro. 15 a a
of TB(ty c9 r1'tr. enacted and ordained by the Governor of Hongkong,
with the advice o#'
9. of 188Q.)
the Legislative Council thereof, in manner following
wben:to 1. This Ordinance unless where otherwise specially provided shall
commence -
and how-to commence and take effect from the first day of July next, and
may be -
be cited'. , cued as ' Thhe Bankruptcy Ordinance, 186.1.'
,oraiaanoes 2. The Ordinance No. 3 of 1846 for the-relief of insolvent
debtors- 3 of 1846
No. B of 1846: within the Colony of I3onakon ;
x849, , Ordinances No. 5 of 1846, and No. 2 of
and No. 2 of 1849, respectively amending the first mentioned Ordinance are
hereby
repealed.
Proviso. M Provided that every petition or proceeding which shall have
1 i .
begin presented or commenced under the said Ordinance; before the pass-
ing of .this Ordinance, shall be carried on and concluded in the same,!
manner as if this Ordinance had not been passed: and that every offence'-
ORDINANCE No. 5, of 1$64.
Bankruptnj and Insolvency.
which shall have been wholly or partly committed before the commence-
ment of this Ordinance, shall be dealt with as if this Ordinance had not
been passed : and that every act duly done, and every adjudication,
appointment, order, discharge, warrant or other instrument duly made or
granted before the passing of this Ordinance shall continue and be ofthe
same force ;and effect as if this Ordinance had not been passed : and that
no right which has arisen or may arise in respect of anything duly done
under the said Ordinance shall be affected by this Ordinance : and that
where any act of bankruptcy, petitioning creditors debt, imprisonment
or any other matter or thing whatsoever shall have taken place in whole
or in part before the commencement of this Ordinance, but no proceeding
shall have been had or taken in respect thereof before the commencement
of this Ordinance, every proceeding in respect thereof may be bad or
taken under the provision& of this Ordinance, in the same manner as if
the same had taken place after the commencement of this Ordinance.
3. This Ordinance shall apply to all persons of full age in the Colony
of Hongkong whether traders or non-traders, except as hereinbefore
ordained.
4. The Supreme Court shall have jurisdiction in bankruptcy under
.this Ordinance, and the Chief Justice when sitting in bankruptcy shall
have all the powers, rights and privileges which are now exercised or
enjoyed by him, except where this Ordinance otherwise specially provides.
6. The provisions contained in section 33 * of the Ordinance No. 7 of
1862, relating to the power of the Judge of the Court of Summary
Jurisdiction to preside in the Supreme Court shall be deemed and taken
to be applicable to the Supreme Court exercising jurisdiction in bank-
ruptcy, and to have in all respects the same force and effect as if they
had
been specially inserted herein.
6. The kleaistrar of the Supreme Court shall be the Official Assignee
under this Ordinance.
A's to General Orders.
'J. The Chief Justice may, with the advice and approval of the
Legislative Council, frame General Orders for the following purposes:
(1.) For regulating the practice and procedure of the Curt and the
several forms of petitions, orders, acrd other proceedings to be used in
the
said Court in all matters under this Ordinance..
Ordinance to
apply to all
adults.
Supreme
Court to have
Jurisdiction
in bank-
ruptcy.
Section 33 of
Ordinance
No. 7 of 1862 -
incorporated
with this
Ordinance.
(*Stse Ordi-
nance No. 14
rrf 18?'3.]
Registrar of
Supreme
Court to be -
official
Assignee.
[See Ordi.-
nancex No. Tv
of 1867 and
No. 9 of 1882,E
Purposes for
which -
General
Orders tote
framed.
Alteration.
of General
Orders.
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
( 2. ) For regulating the duties of the various officers of such Court.
( 8. ) For re ngulating the fees payable and the charges and costs to
15e allowed with respect to all proceedin0gs before such Court.
(4.) For regulating the filing, custody and inspection of records.
( 5. ) For regulating the custody of unpaid dividends.
(6.) And generally for carrying, the provisions of this Ordinance
into effect, and for appointing the sittings of the Court.
Provided always that if any case should arise which shall not have
been expressly provided for b5 such General Orders, but for which
provision
has been made by the General . Orders framed in pursuance of `~ The
Bankruptcy Act, 1861,' the Chief Justice may in his discretion apply to
such case any of the General Orders so framed as last aforesaid.
$. After such General Orders shall hove been so framed, they or any
of them may in like manner be rescinded or varied, and other General
Orders may be framed in manner as aforesaid.
-Is to the Definition and Explanation n f Terms.
.~.~ yt~ye~ octu-
n 9. The terms and words hereinafter enumerated or explained
,;.-..,.. of ter,us.
wheresoever occurring in this Ordinance shall be understood as herein--
after defined or explained, unless it be otherwise specially provided, ox
there be something in the subject or context repugnant to such definition
or explanation, that is to say :-
°°Am,ullina.'
' Annullinm ' shall mean also ' Superseding.'
'Aasignce.' ' Assignee' Shall mean the assignee of the estate and effects
of
0 ,ofissz j~' the bankrupt or petitioner, chosen by the creditors, and
until such,
assignee shall be chosen, or where no such assignee, shall mean the
Official Assignee.
~' uaaxraF,c.^ ' Bankrupt ' shall mean any person who shall have been
under any
former Ordinance adjudged insolvent or who shall be under the provisions
of this Ordinance, adjudicated bankrupt.
:: Aai«da-
cvtion.'
'° Court;.'
'Adjudication' shall mean adjudication of bankruptcy.
'6 Tile Court' shall mean the Supreme Court e5ercisinb jurisdiction
in bankruptcy.
' The Registrar'
shall mean the -Registrar of the Supreme Court'
exercising jurisdiction in bankr'tzptcy.
ORDINANCE. No. 5 OF 1364.
Bankruptcy anal Insolvency.
' Creditor' shall mean also any two or more persons being partners, ~e
Creditor,'
and incorporated and joint stock companies.
' Creditors present at any ineetinc, ' shall include creditors who are «
Croattov
Present at
represented by some person duly authorised by any such
creditor. anyineet;,lg.'
`` Gaoler ' shall include the Keeper or Superintendent of any gaol or ~,
rmoler:
prison.
' Oatb,' ' Affidavit,' shall mean and include the declaration or
affirmation of any person whom any Act of Parliament or local Ordinance
shall have authorised to make such declaration or affirmation in lieu of
;in oath.
' Petitioning Creditor ' shall mean the creditor who filed the petition
'4 routiotling
for adjudication.
Creditor.'
'- Property ' shall mean and include all the real and personal estate
and effects of the petitioner or bankrupt, except ac herein provided, and
-all the future estate, rinht, title, interest, and trust of such
petitioner or
bankrupt in or to any real or per.6onal estate and effects wbich may
revert,
descend, be devised or bequeathed or conic, and all debts due or to be
due,
to him before lie shall have obtained his discharae.
' Prisoner ' shall mean any person in actual custody within the walls -
Prisoner.'
of any prison in Hongkong for any debt, darnabes, costs, sum or sums of
money, or for any contempt by reason of non-payment of any sum or
sums of money or costs.
In all cases iii which any particular number of days is prescribed by
compt,ia~.xo
this Ordinance or shall be mentioned in any Rule or Order of Court which
°e ~'me.
shall at any time be ;lade tinder this Ordinance for the doing of any act,
or fur any other purpose, the same shall be reckoned, in the absence of
tiny expression to the contrary, exclusive of the first, and inclusive of
the
last day, unless the last day shall happen to fall on a Sunday, Christmas
Day, Good Friday, Monday or 'fuesday in Easter Week, or on a day
appointed for a public fist or thanksgiving, in which case the time shall
1>e reckoned exclusive of that day also.
Words importing the singular number or the masculine gender only,
~Nwnbernna~
shall be understood to include several matters as well as one matter,
ande'uer..
several persons as well as one person, and bodies corporate iv, well as
individuals, and females as well as males ; and words importing the plural
number shall be understood to apply to one matter as Nsell as to more than
one, and to one person as well as more than one.
oarb,
Ail;a.i. ta.:,
.; Property.'
Departing the
Colony.
Departing
from his
hove.
Beginning to
keep his
house.
Yielding
himself to
prison,
r,raudulent
surrender of
his property.
Rules to be
.observed
before adjudi-
cation under
this section,
ORDINANCE No. 5 . of 1864.
Bankruptcy and Insolvency.
As to acts of Bankruptcy.
10. If any debtor shall, with intent to defeat or delay his creditors;
depart from this Colony, or, being out of this Colony, shall, with. such
intent, remain away from the Colony for more than twelve months after
the passing of this Ordinance, or shall, wills such intent, depart from
his
dwelling house or otherwise absent himself or begin to keep his house or
suffer himself to be taken in execution for any debt not due, or yield
himself to prison or procure himself to be arrested or taken in execution,
or his goods, money, or chattels to be attached or taken in execution, or
shall with such intent within this Colony or elsewhere, make any friLnd-
ulent conveyance, gift, delivery or transfer of his real or personal
property
or any part thereof respectively, such debtor shall in any such case be
deemed, to have committed an act of bankruptcy: Provided always that
before any adjudication shall be made .yainst such debtor under this
section the following; rules shall be observed:
(1.) A copy of the petition for adjudication shall be served personally
on the debtor, either within the jurisdiction, or in such place or
country;
or within such limits abroad as the Court shall upon application for that
purpose direct.
( 2. ) Such copy of petition shall have endorsed thereon, a memorandum
in a form to be settled by General Order, specifying the time within which
the debtor is to appear on such petition: and such time shall, when tile
service is to be made out of this Colony, be the time which the Court
shall
think reasonable, having retard to the place or country where the service
is to be made.
( 3. ) In no case shall the tinge for appearance be less than fifteen days
after service.
(4.) If such personal service be not effected, the Court must be
satisfied that every reasonable effort was made to effect the same, and
that
the attempts to serve such petition came t.o't.he knowledge of the de btor
and were defeated by his conduct. ..
-Compounding 1~,, If any debtor, after the filing of any petition for
adjudication
with petition-
W g creditor. against him, shall pay money to the petitioning creditor or
give or deliver
to such epetitioning creditor any satisfaction or security for his debt
or for any part thereof, whereby such petitioning creditor may receive
more in the pound in respect of his debt than the other creditors, such.
payment, gift, delivery, satisfaction or security shall be an set of bank=
oPD1NA.NCr No: 5 0F,1864.
Bankruptcy and Insolvency.
ruptcy; and, if any adjudication shall have been made upon such petition,
the Court may either declare such adjudication to be valid and direct the
same to be proceeded in; or may order it to be annulled and a new petition
for adjudication to be filed, which rnay be supported either by proof of
such last mentioned or any other act of bankruptcy.
12. The filing of a petition by a debtor for relief as an insolvent
debtor, after the passing of this Ordinance in any Court having jurisdic-
tion for the relief of insolvent debtors in any of Her Majesty's
Dominions,
colonies, or dependencies, shall be evidence of an act of bankruptcy com-
mitted by tile debtor at the date of such petition; and the filing of a
petition, in any of the said Courts, after the passing of this ordinance
against ;z debtor for adjudication of insolvency, or bankruptcy, followed
by such an adjudication shall together with such adjudication be evidence
of an act of bankruptc)J committed by the debtor at the date of the filing
of such petition.
Petitions rol
-iaj aarcac.ioa
out of this
Colony.
13. If any debtor, having been arrested Or committed t0 prison for Tying
in ox
eacn,T>m~; out
debt, or 011 any attachment for non-pay nlent of money, shall, upon such
e r,rison.
.or any other arrest, or commitment for debt, or non-payment o£ honey,
or upon any detention for debt lie in prison fourteen days, or having been
arrested for any cause shall lie in prison as aforesaid after any
detainer for
debt lodged against him and not discharged; every such debtor shall
thereby be deemed to have committed an act of bankruptcy from the time
of such arrest, commitment or detainer: or, if any such debtor having
been arrested, committed or, detained for debt shall escape out of prison
or
custody, every such debtor shall be deemed to have committed an act of
bankruptcy from the time of such arrest, commitment or detention: but
no debtor shall be adjudged bankrupt on the ground of having laid in
prison as aforesaid, unless having been summoned he shall not offer such
security for the debt or debts in respect of which he is imprisoned or
detained as the Court shall see fit: and when such debtor is in~custody
such summons shall be delivered to the person in whose custody he is,
who shall bring him up according to the summons, at the cost of such
person us the Court shall determine.
` 14. If the goods or chattels of any debtor be seized and sold under
an execution issued in any action for the recovery of any debt or money
demand exceeding three hundred dollars, such debtor shall be deemed to-
irlave committed an act of bankruptcy .from the elate of the said seizure;
Debtor fiuffox--
ing exgoutioJx.
to be levied
nbis,
..
ORDINANCE No. 5 of 1864.
Court my
H111111710 11
1PItt1CSSVH
before
adjudication.
Bankruptcy and Insolvency.
but the execution creditor shall be entitled to the proceeds of the sale-
ni~toitllstanding such act of bankruptcy: Provided that if the debtor be.
adjliclnecl a bankrupt within fourteen clays from the day of such sale the
proceeds of such sale shall be paid fey the creditor to the assignee under
the bankruptcy, after deducting the costs and expenses of the sale and of
the action and execution upon which such sale was grounded, and such
gum may be recovered by the assignee from the eLecution creditor as if it
were a debt due to the bankrupt's estate.
No Person 15. 11 o person shall be liable to become bankrupt by reason of
any ace
rSa111e nn act
of l>an7tt'lxhtey of bankruptcy committed more than twelve months prior
to the filing of
committed
more t.b;1a airy petition for adjudication against him, and no
adjudication shall be.
t welae
3,wnttlsheraro cleaned invalid by reason of any act of bankruptcy prior
to the debt of the-
tl.lc filing of
petition. petitioning creditor: Provided there be a sufficient act of
bankruptcy
subsequent to such debt.
Debtor 16. If any debtor petition for adjudication against himself, ruder
lletitiouinl;
'~zsl,ht this Ordinance, otherwise than in forrru pauperi.s he shall be
deemed to
LimaelP.
leave committed an act of bankruptcy at the time of filinn such petition.
17. The Court, before adjudication, may summon before it any person,
vlhorn such Court shall believe capable of giving any information con--
coming guy act of bankruptcy committed by the person against whore
arty petition for adjudication has been filed, and may require ant= person
so summoned to produce any boobs, papers, deeds, writings and other-
docurn2nts in his custody, possession or hover, which may appear to the
Court to be necessary to establish such act of bankruptcy and tire Court
rnay exanoine any such person, upon oath, by word of mouth, or inter-
rogatories in writing, conecxnin~ such act of bankruptcy.
Debtor 18. Every debtor who shall petition in forrna Pazcperis under this.
1 etitionin~ in
,a._ Ordinance shall, if adjudged banhrapt, be deemed to have
committed an.
act of bankruptcy at the date of his commitment or detention as the case.-.
in ay be.
As to ads of Bankruptcy by non-payment after Judgment Debtor SummO928
and the Proceedbzqs thereon.
Tl~arn~tlt 19sAny judgment creditor entitled to sue out against a debtor a
creditor may
Hllo ant Sum- writ of capicxs ad .satiafaciendzzm, or to charge the debtor
in. execution in
111(1I1S.
respect of any debt amount.in~ to three hundred dollars, exclusive of- -
costs, shall, upon filing an affidavit of debt in the Court, and at the
end.
ORDINANCIt; No. .~ of 1864.
Bankruptcy and Insolvency.
of one week front the signing of judgment, be entitled to sue out against
a debtor whether he 14e in custody or not a. summons, to be called a judg-
ment debtor summons, requiring him to appear and be examined re-
specting hio ability to satisfy the debt.
20. If after the commencement of this Ordinance an. order of any
Court having power to direct the payment of money by way of costs or
otherwise be made ordering the payment of any sum atnountiug to three
hundred dollars upon a certain day, and such order be disobeyed the
same having been duly served upon the debtor, the person, entitled to
receive the money, or interested in eufurcing payment of it, may, after
seven clays from the day of yaylnent mentioned in the said order, sac out
against the debtor a ,judgment debtor summons.
21. The judgment debtor summons shall issue out of the Court, and
.11tagntotlt t..
Ic given n.ftar
must be a summons in respect of a judgment given after the passing of
tile Passing
of this Ortii.
this Ordinance. nnr>ce.
°2. When the debtor is in the Colony of lion;koty the
sunuulons s,111111lons it)
be aerve<l t14r_
shall be served personally, unless tile Court shall in guy case direct
that ,onvoiv.
service in some other manner wall be good.
2$. When the debtor is not in the Colony of Hongkong, the Court,
upon such evidence as shall satisfy it that the service will be effectual
to
give notice to the debtor, may order service to be made in such manner
.<tnd form as it shall see fit, and shall appoint a tune by such order for
the appearance of the debtor.
24. Where the debtor is in custody a duplicate of the summons »unlic2te at
summons.
shall be delivered to the sheriff, .gaoler or other person in whose
custody
he is; who shall bring him up according to the summons at the cost of
the summoning creditor.
25. If service of the summons be not effected and the Court is
satisfied that the debtor is beeping out of the way to avoid service, it
may
-order that one.or more notices be inserted in the I-Ionbhong Government
Gazette and in such other newspaper or newspapers as the Court may
-direct, requiring him to appear on a day named, being not less than
fourteen days after the publication of the first notice. ~
26, Upon the appearance of the debtor he may be examined on Examinataon
- ;
oath, by or on behalf of the creditor, and by the Court, respecting his
of debtor.
ability to satisfy the debt, and for the discovery of property applicable
in
1 to r<lcr of nuy
('omrt direct-
ive 1>aymnnt,
of money 1>c
<lisobc3>ect,
the p4rht,n
cutitlodto the
ntoucy in~y
silo out, judo.
iliolit debtor
FII1ninV914,
Sol-vice or-
summunH out
of the C'or(m5-.
7msertion of
notice in
Hongkong
Government
Gaiette.
ORDINANCE No. -or 1864.
Bankruptcy and Insolvency.
that behalf, and shall be bound to produce, on oath, or otherwise, such
books, papers and documents in his possession or power, relating to-
property applicable or alleged to be applicable to the satisfaction of the
debt, as the Court shall see fit., and to sibu his examination when
reduced
to writing.
27. 1f after service of such summons or due notice thereof as afore-
said, the debtor shall not pay the debt and costs, or secure or compound
for the carne to the satisfaction of the creditor, the Court may, on the
appearance of the debtor, or if he shall not appear having no lawful
impediment allowed by the Court, adjudge him bankrupt, without the
presentation of a petition for adjudication or other proceeding; and where
the debtor has tot appeared, notice of such adjudication shall be served
upon him in like manner as herein provided with respect to service of the
-
Court may
adjudge such
debtor b.mk-
3'lebtor to be
allowed so vtu
days to ebpv
gauge against
adjudication.
stow debtor
'refusing to be
8N~or11 to be
dealt with.
Debtor to be
subject to
order of
Court.
summons.
28. The debtor shall. be allowed. seven days from sucli notice or'
such further time as the Court shall think fit, for appearing to show
cause against the adjudication, and if he appear -witlrin the time
allowed,
and show sufficient cause, the adjudication may be annulled; otherwise,
at the end of the tune allowed, or on the judgment of the Court against
the sufficiency of the cause shown, the adjudication shall become
absolute, .
and notice thereof shall be forthwith given in the Hongkong Government
Gazette, and in such other newspapers as the Court may direct, and the
adjudication shall have relation back to the service of the summons or
the insertion of the first notice in the Hongkong Government Gazette as
the case may be.
29. If any debtor, who shall be.-summoned on a judgment debtor
summons, shall refuse to be sworn or shall refuse to arks.yer any lawful
question put by the Court or shall not fully answer any such question to,
the satisfaction of the Court, or refuse to produce such books, papers and
documents in his possession or power relating to any of the matters-.
under enquiry as the Court shall think fit, or shall refuse to sign his-
examination when reduced into writing, the Court- may by warrant
commit such debtor to such prison. as the Court shall think fit, there to
remain yztil he shall have conformed to the order of the Court.
30. Except as is herein specially, provided, the debtor, personally,
and all his estate and effects real and personal, shall, upon the issuing
of
such judgment debtor summons, be subject to the order and direction of
ORDINANCE No. 5 or -1864.
Bankniptcy and Insolvency.
the Court in the same manner as if a petition for adjudication had been
filed by a creditor against such debtor under this Ordinance.
31. Any debtor, unable to weet his engagements, may petition for
adjudication against himself, and such petition shall be supported by the
oath of the petitioner and shall be filed of record and prosecuted in the
Court; and the debtor, so petitioning, personally, and all his estate and
effects real and personal, shall upon the filing of such petition be
subject
to the order and direction of the Court; and in the case of a petition for
adjudication filed by such debtor, the eolnputation of debts shall be
reckoned, in the same rnanner as is provided under this Ordinance, in the
case of a petition for adjudicatiolr filed by a creditor. -
32. Every such debtor shall, within three days or within such
further time as the Court shall think reasonable, deliver in to the Court
a
schedule containing a full and fair description of such debtor, as to his
name, trade, or profession, tovether with the last usual place of abode of
such debtor, and the place or places where he leas resided during the
time when his debts were contracted: and also a full and true description
of all debts due or growing due from silch debtor, lit tile tune of the
filing
his petition; and of all and any person and persons to whom such debtor
shall be indebted, or who to his knowledge or belief shall claim to be
his'
creditors, together with the nature and amount of such debts and claiiris
respectively, distinuishing such as shall be admitted, from such as shall
be disputed, by his debtor : and also a, full, true and perfect account of
all the estate and effects of such debtor, real and personal, in
possession,
reversion, remainder or expectancy: and also of such places of benefit or
advantage held by such debtor, whether the emoluments of the same arise
from fixed salaries, or from fees; or otherwise: and also of all pensions
and allowance's of the said debtor, in possession or reversion or held by
any other person or persons for or on behalf of the said debtor, or of,
and
from which the said debtor derives or may derive any manner of benefit
or advantage: and also of any rights and powers of any nature and kind
whatsoever which such debtor, or any person or persons in trust for such
debtor, or for his, use, benefit or Advantage, in any manner whatsoever,
shall be seized or possessed of, or interested in, or entitled unto, or
which
such debtor or any person or persons in trust for hirn or for h:-% benefit
or advantage shall have any power to dispose of, charge or exercise for-
the benefit of the said debtor: together with a full, true and perfect
account of all the debts at the tinge of the filing of his petition due
or.
Debtor mat
petition
against him-
self.
Debtor to
deliver to
Court sched-
ule of X11 his.
y.~,OOCIh' &G. -
I>ebtor nnaLle
to pay may
petition irk
fin-ma ynu-
yrr~I . .s.
5190
°<;ott2't may
adjudge such
debtor bank-
rupt.
ORDINANCE ?to. <5 or -79G4.
Bankruptcy and Insolzcnry.
growing due to such debtor, or to any person or persons in trust for hint
or for his benefit or advantage, either solely or ,jointly with any= other
1.~erson or persons : and the names and places of abode of the several
persons from whom such debts shall be due or ~rowin~ due, and of the
witnesses who can prove such debts, so far as such debtor can set forth
the same: and the said schedule shall also contain a balance sheet of so
much of the receipts and expenditure of such debtor, and of the items
composing the same as shall be at any tune required by the said Court in
that behalf: and also shall fully and truly describe the wearing apparel,
bedding and other necessaries of such debtor, and his or her family, and
the yvorkin~; tools and implements of such debtor, not exceeding in the
whole the value of one hundred dollars, which relay be excepted by such
debtor from the operation of this Ordinance, tolietllcr with the value of
such excepted articles respectively: and the said schedule shall be
subscribed and verified on cotta by such debtor, and shall forth=ith be
vied in the said Court together with all books, papers, deeds and writings
in any n=ay relating to such debtor's estate or effects, in his or her
possession, or under his or her custody or control.
33. The Court may upon proof of the filing of such schedule adjudbe
the debtor, bankrupt, or may adjourn the adjudication of such debtor.
Dcbtors ;n 34. Every debtor who shall present a petition for adjudication
notice to give whilst a prisoner in prison, shall by writing dive notice
to the keeper of
gsoler before such gaol or prison of his intention so to do, and stall in
his petition
r>rcHentin~; petition. State (hilt such notice has been hlven.
Debtors rot 35. If any debtor petitioning against himself shall not obtain
`obtaining - .
~idlr~iatoation adjudication within seven days after filing such petition,
the Court may
inay be
adj udgea proceed t0 adlLldaC the debtor bankrupt on tire petition of any
competent
bankrupt on,.
petition of creditor..
competent
creditor. _
As to Pauper and other Prisoners for Debt.
36. If any debtor, now beinn, or who shall be imprisoned for any=
debt or demand, shall through poverty be unable to petition the Court
for adjud^cation again st himself in manner hereinbefore mentioned, he
shall
be at liberty to petition in forma p%zuperi.s, upon making an affidavit
that
ire has not the means of paying the fees and expenses usually payable in
respect of a petition for adjudication by a debtor. Such affidavit may. be
ORDINANCE No, 5 0-F 1864.
Banhruptcy cared Irasolteoac.y.
sworn before the gaoler of the prison where such debtor is confined,
and Gfwter t4
swear Sat li
such gaoler is hereby empowered an~l required to tape such affidavit
and rnsoner.
swear the deponent thereto withortt fee or reward.
37. Every person so hetitioninj in Vfornnd pazcperis as afbresa.icl,
shall be brou~ltt up to the Court, at its next- sittity after. the
presenta-
tion of such petition, and shall be examined by the Court torching his
estate and effects, debts, dealings and transactions: and, if the Court
shall
lie satisfied with such eiarnination, it shall make an order of ad)udlca-
tion against the petitioner, and, if it think fit, may make an order for
his
release froth prison.
38. Every adjudication against any debtor for debt, so, brought up
as aforesaid shall, sinless the Court shall otherwise direct, hate
relation
back to the date of his comrnittnent or detention as the case be : and the
debtor so petitioning in fvrwad, pauperi.s personally, and all his estate
and
effects, real and personal, if he has any, shall upon the filing of such
petition be subject to the order and direction of the Court in the same
manner as is provided by this Ordinance in the case of a debtor unable to
meet his engagements.
39. If any such debtor shall refuse to be sworn, or to answer arty
lawful question of the Court or of any creditor respecting his debts,
liabil-
ities, dealings and transactions, or to make a full discovery of his
estate
and effects, and of all his books of account, or to produce the same, or
to
sign his examination when taken, the Court tray by warrant commit him
to gaol, there to be kept, with or without hard labour, for any time not
exceeding one mouth, and the Court may at the same time adj udae such
person bankrupt. Provided that, if after such adjudication the bankrupt
shall, before the period of such commitment has expired. submit to be
examined, and in all things conform to the jurisdiction of the Court, he
shall have in all respects the same benefits as if he had submitted to the
Court in the first instance.
As to Petitions b f Creditors.
40. Any creditor, whose debt is sufficient to entitle hira to petition
under this Ordinance, may petition fat adjudication against a debtor, and
such petition shall be supported by the oat!i of the. petitioner, and
shall
be filed of record and prosecuted in the Court as directed by, this
Ordinance : and froth and after the filing of such petition the said Court
Petitioner to
V0 urOllatlt
up for ex-
tvmimtiou.
rldjadiwtiau
to lithe
rulai.ioei hack
to date. (it
conlmitlneut.
Debtor reFas-
iug to he
arvoru.
Proviso.
Creditor ma,
petition for
..
adjudication.
ORDINANCE NO. 5 or 1864.
Bankruptcy and Insolvency.
<;uurt to have shall have full power and authority to take such order and
directions
power over
body and pro-
perty of
-debtor.
Amount of
petitioning
creditors
debts,
if potitson
filed friudu-
rentlyor marc.
riously, how
to be dealt
with.
with the body of the debtor as is mentioned in this Ordinance, as also
with all his lands, tenements and hereditaments, which he shall have in
his own right before adjudication, as also with all such interest in any
such lands, tenements and hereditarzrents as such debtor may lawfully
depart withal and with all his monies, fees, offices, annuities, goods;
chattels, wares, merchandize anal debts and to make or order sale thereof
in manner herein mentioned, or otherwise order the same for satisfaction
and payment of the creditors of the bankrupt.
41. To entitle any creditor to petition for adjudication against a
debtor, tine amount of the debt of such creditor shall be as follows, that
is to say
The debt of a single creditor or of two or more persons, being
partners, shall amount to three hundred dollars or upwards.
The debt of two creditors shall amount to four hundred dollars or
upwards.
The debt. of three or more creditors shall amount to five hundred
dollars or upwards.
Every person who has given credit to any debtor upon valuable
consideration for money payable at a certain time, which time shall not
have arrived when such debtor committed an act of bankruptcy, may so
petition or jour in petitioning, whether he shall leave any security for
such sum or not.
42. If the debt, stated by the petitioning creditor in his affidavit,
or in his petition for adjudication, to be due to Trim from any debtor,
shall
not be really due, or, if after a petition for adjudication be filed, it
shall.
not have been proved that the person against whom Birch petition has
been filed, was liable to an adjudication at the time o£ the filing of
such
petition, and it shall also appear that such, petition was filed
fraudulently
or maliciously, the Court shall and may, upon petition of any person
aggrieved by such petition, exarnine into the ,,,iine, and order
satisfaction
to be made to him for the damages by him sustained.
c1pnt'Ition 43. In the computation of debts for the purposes of any
petition
-of debt-,. Lender this Ordinance there shall bt i?eckoired as debts-
(L) Sums due to creditor.-, holding mort; gages, or other available
securities, or liens, after deducting tire value of the property
comprised.
in such mortgages, securities or liens.
debts.
ORDINANCE No. 5 or, 1864.
13unkruptoj and Insolvency.
(2.) Such interest and costs as shall be due- in respect of any of the
But there shall not be reckoned-
(1.) The amount of any debt iii respect of which the petitioner has
already been adjudged entitled to have the benefit of tile Ordinance \o.
3 of 1--1G.
(2.) Debts barred by any Statute of Limitations.
44. Any creditor, whose debt is sufficient to entitle him to petition
for adjudication against all the partners of any firm, may petition for
such adjudication against one or more partners of such Grin ; and every
such petition shall be valid, although it does not include all the
partners
of the firm; and in every petition for adjudication against two or snore
person, the Court may dismiss the sane, as to one or more of siich
persons, and the validity of such petition shall not be thereby affected
as
to any person as to whom such petition is not ordered to be distalissed,
nor shall any such person's discharge be thereby affected.
45. If the petitioning creditor shall not proceed and obtain adjudicn-
where Peti-
t:iotler (toe,
tion within three days after leis petition shall have been filed, or
within not itroeoed.
such .time as shall he allowed by the Court, the Court inay at any tune
on the expiration of such three days, or of such extended time as the
case may be, upon the petition of any other creditor entitled to petition,
proceed to adjudicate on such last mentioned petition.
46. The Court may upon due proof of the petitioning creditors Court m,ay
adjudge tlIv,
debt, and upon due proof' of an act of bankruptcy having been committed
debtor banl`-
by the debtor, adjudge the debtor bankrupt, and rnay appoint a clay for
='l't-
the bankrupt to surrender and conform.
47. If after adjudication the debt of the petitioninn creditor be found
by the Court to be insufficient to support such adjudication, the Court
may, upon the application of any other creditor, having proved any debt
sufficient to support an adjudication, order tile petition for
adjudication
to be proceeded its, and it shall by such order be deemed valid.
4 8. If two or more petitions for adjudication be filed by, Rr against,
the sane person, or if a petition be filed by, or against, a lnernber of a
firm, and another petition be filed by, or against, another member of the
same firm, the Court may consolidate the proceedings or any part thereof
Creditor,
whole <dbt ire
sufliceient to
cuticle him
to petition
against all the
partners of P,
tirrn, muy
l>etoion
against one:
and the court;
may dimiss
lx;titiow'.
rf retit.ieniug
creditor's
debt be found
insufficient,
court may
proceed on
petition of
any other
creditor.
Court may-
impound nne
consolidate
proceeding,,
or petitions.
Before notice
of rul,j ndien-
tion ~~iven in
HongkoUg
Government
Gazette, debt-
or to h,t,-e
m>ticc thereof.
If debtor is
about to leave
the Colony or
conceal uis
goods, Court
may order
him to 1><:
arrested.
ORDINANCE No. 5 of 186.
Bankruptcy and Insolvency.
under such petitions, or may impound any such petition or petitions, or,
annul the proceedings thereunder, or any part thereof, upon such terms
as the Court shall see fit; and may order any petition or petitions to be
proceeded in either separately or in conjunction with any other or others
;
and may remove the assignees under any such petition or petitions, and
appoint others as it shall see fit.
49. Whenever any petition for adjudication shall have been filed
against any person, and it shall be proved to the satisfaction of the
Court
that there is probable cause for believing that such person is about to
quit the Colony, or to remove or conceal any of his goods or chattels
with intent to defraud or defeat his creditors unless he be forthwith
apprehended, the Court rnay issue a warrant, directed to such person
as the Court shall think fit, whereby such last mentioned person shall
have authority to arrest the person against whom such petition shall have
been filed, and also to sere his books, papers, movies, securities for
Monies, goods and chattels, wheresoever he or they may be found, and
him or them safely keep until the expiration of tine time allowed for
adjudication on such petition, or until such person shall be adjudged
bankrupt under such petition, and be thereon dealt with according to this
Ordinance: Provided, that any person arrested upon any such warrant,
or any person whose books, papers, movies, securities for movies, goods or
chattels, have been seined under any such Tar rant, may apply=, at any
time
after such arrest.or seizure, to the Court for an order or rule on the
peti-
tioning creditor to show cause why the person arrested, should not be
discharged out of custody, or why his books, papers, monies, securities
for
movies, goods and chattels, should not be delivered up to him, and the
Court may make absolute, or discharge such order or rule.
As to Adjudication of Bankruptcy.
rrt,tiee of 50. Notice of all adjudications shall be given in the Hongkong
Gov-
atljudicut'ion.
ernnlent Gazette.
51. Before notice of any adjudication granted upon a creditor's
petition shall be given in the Honghong Government Gazette and such
other newspapers as the Court may direct, and at or before the time of
putting iAa execution ally warrant of seizure which shall have been
granted
upon such adjudication, a duplicate of such adjudication shall be served
on the person adjudged bankrupt, personally, or by leaving the save at
the usual or last known place of abode, or place of business of such
person
ORDINANCE Xo. 5 or, 1864.
Baiakruptcy and Insolvency.
and such person shall be allowed seven days, or such extended time, as
the Court shall think fit, from the service of such duplicate to show
cause
to the Court against the validity of such adjudication : and if such
person
shall, within such tune, slow to the satisfaction of the Court that the
peti-
tioniug creditor's debt and act of bankruptcy upon which such adjudica-
tion has been mounded, or any or either of sack matters are insufficient
to support such adjudication, and upon such showing no other creditor's
debt and act of bankruptcy sufficient to support such adjudication, or
such
of the said last mentioned matters as shall be requisite to support such
adjudication, in lieu of the petitioning creditor's debt, and act of
brlnh-
ve clc:enlcd
insufficient
in that behalf as the case may be, shall be proved to the satisfaction of
the
Court, the Court shall thereupon order such ad jll(%1Cat1011 to be
annulled
and the some shall by such order be aunulied accardin7ly : hut if at the
u.Xpiration of the said tune no cause shall have been shown to the
satisfac-
tion of the Court for the annulling of such adjudication the Court shall
forthwith after the expiration of'such time, cause notice of such
adjudica-
tion to be riven in the TIongkonb Government Gazette and such other
newspapers as the Court may direct, and shall, if necessary, appoint a.
day
for such bankrupt to surrender and conform: Provided that the Court
shall have power froth time to tithe to enlarge the time for the bankrupt
surrendering himself, for such time as the Court shall think fit, so as
every
such order be made six days at least before the day on which such bank-
rupt was to surrender himself: Provided also, that if any person so
adjudged bankrupt shall before the elpiration of the 'cirlie allowed for
showinn cause, surrender llimself, and dive his consent, testified in
writing
under his hand, to such adjudication being advertised, the Court after
such
-consent so given, shall forthwith cause the notice of adjudication to be
advertised and appoint the sittings for the bankrupt to surrender and
,conform.
52. Whenever any bankrupt is in prison, or in custody under any
process, attachment, cYeCi'tlon, commitment or sentence, the Court may
.Appoint a person to attend him from tithe to time to produce to him his
books, papers and writings, in order that he rnay prepare his balance
sheet
and show the p~.rticulars of his estate and effects.
53: When any person shall have been adjudged a bankrupt, all his
personal estate and effects present and future, wheresoever the same rnay
A)e found or known, and all property which lie may purchase, or which
1F bankrupt
i u poison,
('ou'et ttvay.rvp:.
I>ohtt a pcmor<-
tt, HrtLrta ~~IM.
Bank rttltt'
Property -tv'
IW tilccupt
nay retain
honsevold fur-
niiure, Yc.
ndifkraptv
lends, &c., to
Vest in
ORDINANCE No. 5 or 1864.
Bankruptcy and Insolvency.
may revert, descend, be devised or bequeathed, or come, to him, before he-
shall have obtained his discharge, and all debts due, or to be due to
him,.
wheresoever the same may be found or known, and the property, right.
and interest in such debts, shall become absolutely vested in the Official
or other Assignee for the time being for tire benefit of the creditors of
the
bankrupt by virtue of their appointment, and after such appointment
neither the bankrupt nor-any person claiming through or under him shall
have power to recover We~-same, nor to make any release or discharge
thereof, neither shall the same be attached as the debt of the bankrupt,
or,
otherwise, but such assignees shall have like remedy to recover the same
in their own names, as the bankrupt himself might have had if he had
not been adjudged bankrupt.
54. Provided that every person who shall be so adjudged bankrupt,
shall be entitled to retain for the use of himself and family, under the
name of excepted articles, such articles of household furniture, and tools
and implements of trade and other like necessaries as he shall specify and
select; not exceeding in the whole tire value of one hundred dollars, and
such excepted articles shall not be subject to be sold or disposed of in
the-
banlzruptcy, nor to be taken in execution at the suit of any creditor en-
titled to prove under the bankruptcy: and in all cases there shall be
filed
with the proceedings in the Court an inventory of such excepted articles
and if it shall appear to the Court that tire value of the excepted
articles
retained by the bankrupt exceed one hundred dollars, the Court may
order so much of such articles as it shall see fit to be given up to the
assignees.
55. When guy person shall have been adjudged a bankrupt, all
lands, tenements and hereditaments, to which any bankrupt is entitled;
and all interest to which such bankrupt is entitled in any of such lands,
tenements or- lrereditaments, and of which he might have disposed, and
all such lands, tenements and hereditaments as he shall purchase, or shall
descend, be devised, revert to, or come to such,'brznhrupt before he shall
have obtained his discharge, and all deeds, papers and writings respecting
the same, shall become absolutely vested in the Official or other Assignee
for the tipre being for the benefit of the creditor°s of the bankrupt, by
virtue of his appointment, without any deed of conveyance for that pur-
pose: and as often as any such assignee or assignees shall die or be
lawfully removed or displaced, and a new assignee or assignees shall be
ORDINANCE Nor- or 1861.,
Iiankruptcj and Insolvency.
duly appointed, such of the aforesaid estate as shall remain unsold .or:
unconveyed, shall, by virtue of such appointment vest in the new assignee
or assinees, either alone or jointly with the existing assignee as the-
C) case may require, without any conveyance for that purpose.
56. Nothinn in this Ordinance contained shall extend to entitle the
assignee or
assignees of tlr%: estate and effects of any bankrupt being or having
been an officer of
the Army or Navy or an officer or clerk or otherwise emplj Ted or engaged
in the service
of Her Majesty in anv Civil or Military office, or being otherwise in the
enjoyment of
any pension whatever under any Department of Her Majesty's, Government,
to the pay,
half-pay, salary, emoluments, or pension of any such bankrupt for the
purposes of this
Ordinance: Provided that the Court may order such. portion of the pay,
half-pay,
salary, emoluments or pension of any such bankrupt, as on communication
from the
said Court, the Secretary at War, or the Lords Commissioners of the
Admiralty, or the
Coin missioners of Excise, or the Chief Officer of the Department to
which such bankrupt
may belong or have belonged, may offcially consent to in writing, to be
paid to such
assignee or assignees, in order thnt the same may be applied in payment
of the debts
of such bankrupt: and such order and consent being lodcod in the office
of Her Majesty's
Paymaster General, or of any other officer or person appointed to pay or
paying any
such pay, half-pay, salary, emoluments or pension, such portion of the
said pay, half-
pay, salary, emoluments or pension as shall be specified in such order
and consent shall
be paid to the said assignee or assignees until the said Court shall make
order to the
contrary. [Repealed by O4-dinance No. 9 of 1864 and new section
substituted.]
57. If the bankrupt be not in prison or custody at the date of the
adjudication he shall be free from arrest or imprisonment by any creditor
in coming to surrender, and after such surrender for such further time
as shall be allowed him for finishing his examination, and for such tirue
after Isis examination until his discharge be allowed, as the Court shall
from
time to time by endorsement upon the summons of such bankrupt think
fit to appoint: and whenever any bankrupt is iii prison or in custody
under any process, attachlnent, execution, commitment or sentence, the
Court may, by warrant directed to the person in whose custody he is
confined, cause him to be brought before it at any sittincr either public
or
private, and if he be desi.roi.- to surrender he shall be so brouo-ht up,
and
the expense thereof shall be paid out of his estate, and such person shall
be indemnified by the warrant of the Court for bringing up such
bankrupt: and where any person who has been adjudged b~qnkrupt
and has . surrendered and obtained his protection from arrest, is in
prison or custody for debt at the time of his obtaining such protection.
the Court. moy, except in the cases hereinafter mentioned, order.-his,
Assignees not
entitled to Mnl. -
rupts pension,
&o., but Cottrt
tnay order part
thereof for hettc-
tit of creditors.
If bankrupt
be not in pri-
son or custo-
dy, to b-a free
from arrest irt
coming to
surrender,
&c., and if in
prison may be
brought up by
warrant to be
examined or
to surrender,
and if in pri-
son for debt -
the Court
may, except -
in certain ca-
ses, order re-
lease.
ORDINANCE No. 5 of 1.864.
Bankruptcy and Insolvency.
immediate release, either absolutely or upon such conditions as it shall
think fit: Provided always that the Court shall not order such release
where it shall appear by any judgement, order, commitment or sentence
under which the bankrupt is in prison or custody, or by the record or
entry of any such judgment, order, commitment or sentence, and the
pleadings or proceedings previously thereto that he is in prison or cus-
tody for any debt contracted by fraud, or breach of trust, or by reason
If arrested 0
be- discharge 1
an producing
protoaeinn.
Bankrupt to
deriver up .
his books of
'count to
Official AS-
-signee
of any prosecution against him whereby he had been convicted of any
offence, or for any debt contracted by reason of any judgment in any
proceedings for breach of the revenue laws; or in guy action for breach
of promise of marriage, seduction, libel, slander, assault, battery, mali-
cious arrest, or malicious trespass: Provided also that such release shall
in nowise affect any rights of the creditor at whose suit. the bankrupt
may be in prison or in custody, against the bankrupt, except tyre right of
detaining him in prison or in custody whilst protected from imprison-
ment by order of the Court.
~$, if any bankrupt shall be arrested for debt, or on any escape
warrant in coming to surrender, or shall after surrender, and while pro-
tected by order of the Court, be so arrested, he shall on producing such
protection to the officer who shall arrest him and giving such officer a
copy thereof, be immediately discharged, and if any officer shall detain
any such bankrupt after he shall have shown such protection to lairn,
except for so long as shall be necessary for obtaining a copy of the same,
such officer shall forfeit to such bankrupt for his own use the sum of
twenty-five dollars for every day he shall detain such bankrupt, to be
recovered by action of debt in the name of such bankrupt.
As to the duty n f the Bankrupt after Adjudication.
59. Forthwith after the insertion of the notice of adjudication in
the Hongkong Government Gazette, or $f the bankrupt before the ex-
piration of the tune allowed for showing cause against the adjudication-,
surrender himself and give consent to such iWertion, forthwith after such
surrender the bankrupt shall (if thereto required by the Official Assignee
deliver up to the Official Assignee upon oath before the Court all books
of account, papers and writings relating to his estate in his custody or
power and discover such as are in the custody or power of any other
person : and the Court may give such directions as it shall deem ex-
pedient with regard to such books, papers and writings: : and every
ORDINA\ CE. No. 5 . of :1 884.
Bankruptcy anal Insolvency.
bankrupt not in prison or custody shall at all times after such surrender,
attend the assignees, upon every reasonable notice in writing for that
purpose given by them to him or left at his usual or last known place of
abode, and shall assist such assignees in making out the accounts of
his estate : and such bankrupt after he shall have surrendered may at
all reasonable times before the expiration of such tithe as shall be
allowed
to him to finish his examination, inspect his books, papers and writings
in the presence of his assignees or any person appointed by them, and
bring with him each time any two persons to assist him : and every such
bankrupt after he shall have obtained his discharge, shall upon demand
in writing given to hinl or left at his usual or last known place of abode
attend the assignees to settle any accounts between his estate and any
debtor to or creditor thereof, or attend any Court of record to give
evidence touching the same, or do any act necessary for getting in or
protecting the said estate: for which attendance lie shall be paid such
sum as the Court shall see fit out of his estate.
As to the last Examination.
60. The Court shall forthwith after the meeting for the choice of stttim
r,,r
an assignee by the creditors appoint a public sitting on a day not later
than sixty days from the date of such meeting, and shall give notice of
such sitting in the Honnkong Government Gazette and in such other
newspapers as the Court may direct for the bankrupt to pass his last
examination and the Court may from time to time enlarge, the time ap-
pointed for such sitting or may adjourn the same.
61. The bankrupt shall prepare such statements of his accounts
and in such forth as General Orders or the Court shall direct, and shall
subscribe such statement and shall file the same in Court ten days at
least before the day appointed for the last examination or adjournment
thereof, and such statement may before such last examination be amend-
ed, from time to time, as occasion may require, and the Court shall
direct,
and the bankrupt shall make oath of the truth of such statement when-
ever he shall be duly requf~recf by the Court so to do, and the last
exami-
nation of the bankrupt shall in no case be passed unless his statement
shall have been duly filed as aforesaid.
62. The statement of accounts when filed in Court shall bQ open to
state,nent «f
accounts to
the inspection of all creditors who may take copies of and extracts from
be open to
the same, subject to such regulations as the Court or General Order
inspection.
nnay direct.
ftnd to .attend
last examina-
statement u t.
bankrupt.
Bankrupt to
,he assisted
''kv Official
Assignee in
preparing
,statement of
accounts.
AeRign°e
t° take
~>ossession of
~xaukrupt's
property.
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
63. In the preparation of such statement of his accounts, the bank-
rupt shall be assisted by the Oflicial Assignee, who shall prepare arid
tile in Court together with such statement a report upon the state of the
affairs of the bankrupt setting forth such facts and particulars as may be
required by the Court, or as it shall in the opinion of such assignee b
important for the Court to be informed of: Provided that if it shall in
any case appear to the Court that there are special circumstances ren-
dering it necessary that the bankrupt should be assisted in the prepar2-
tion of such statement of accounts by some person other than such
Official Assionee, the Court may nominate such person to assist the
bankrupt in that behalf, and may allow to such person out of the bank-
rupt's estate such remuneration as it shall think fit; and in such ;case
the statements so prepared shall have appended thereto a certificate
.Signed by the person appointed to assist the bankrupt in the preparation
thereof expressing his approval or disapproval thereof' and the partic-
ulars and reasons of such disapproval.
As to the Ogicial Assiqnee.
64. Immediately on adjudication it shall be the duty of the Official
Assignee to take possession of the bankrupt's estate, and to retain pos-
session thereof until the appointment of a creditor's assignee ; but if
such
Official Assignee, or if the Court, upon the representation of any credit-
or, shall be of opinion that the keeping possession, of the bankrupt's
property is not requisite for the due protection of the creditors, such
possession shall not be taken or retained by the Official Assignee, and
the Official Assignee may be directed by the Court to give up such pos-
session to such person as the Court shall see fit.
-official 65. Until Assignees shall be chosen by the creditors of the bank-
9ssignee to
a°t ag Sole rapt and appointed by the Court, the Official Assignee shall
to all intents
assignee till
c;reaitors~ and purposes whatsoever be deemed to be the sole assignee of
the bank-
Creditors'
r upt's estate and effects : and if the Court shell so order, may, before,
-chosen,
may sell and l °''
-otherwise assimiees shall be chosen by the credito irs, well or otherwise
dispose of
a
dispose °f
property of anY property = of a bankrupt which shall be of a perishable
nature, or the
° 1
perishable bolding possession whereof until the choice of assinees would.
in the
nature, ;c. g ~ ,
,judgme4 of the Court, be prejudicial to the bankrupt's estate: Provided
v
always that nOthllla herein contained shall extend to authorise any
Official Assignee to interfere kith the .assip;nees chosen by the
creditors
in the appointment or removal of a solicitor or attorney or after such
ORDINA\CE No. 5 of 1864.
Bauhruptey and Insolvency.
choice, in directing the time and manner of effecting any sale of a bank-
rupt's estate or effects.
66. \o Official Assignee shall be personally responsible or liable
for any act done by him, or by leis order or authority, in the elecution
bf his duty as such Official Assi(,nee, by reason of the petitioning cred-
itors, debt or act of bankruptcy upon which any adjudication shall have
been grounded, or of any or either of such matters, being insufficient to
support such adjudication : and no Official Assignee shall be deemed
personally answerable for, or by reason of his having received any money,
bills, notes or other negotiable instruments under.any bankruptcy in his
,character of Offciul Assignee, provided lie shall have paid and deposited
such money, hills, notes or other negotiable instruments during the pro-
secution of the bankruptcy to and in such bank as the Court shall by
order direct to the credit of the particular estate for which such money,
bills, notes or other negotiable instruments shall Have been received, and
shall have given Notice of such payment or deposit (as the case inay be)
-to any person claiming such money, bills, notes or other negotiable
instruments of the Official Assignee: and provided also that tile Official
Assignee after such payment or deposit, shall not have dealt with sack
money, bills-, dotes or other negotiable, instruments otherwise than ill
the execution of his duty as Official Assignee and under the order of
the Court: and if any action shall be brought against the Official
Assignee, either solely or jointly with the creditor's assignee, in
respect of
such money, bills, notes or other negotiable instruments, it shall. be
lawful for the Judge of the Court in which the same action shall be
'brought upon the application of the Official Assignee, and upon an affi-
davit of facts, to set aside the proceedings in such action so far as the
Official Assignee is concerned, with such costs or without costs, as the
Judge shall see fit.
As to First 1lfeeti7nc/ o f Creditors.
. As soon as conveniently 'nay be after adjudication the Court
shall appoint a meeting of the creditors of which ten day s notice shall
lie
liven in the Hongkong Government Gazette and such other n,~wspaper5
as the Court may direct, and sorb meeting shall he, held at such
time and place as the Court shall appoint, and at such rneetin
stlch~oflicer as the Court shall appoint for that purpose shall preside,
and
Official
Aasigueonot -
le,soually
liable for acts
clone in
usecntion
of his rlntv
or for receipt
of hills of
Inolley, 111)011
certain oc,n-
<litions haiy
Performed,
First meetik'
of cmditoix,._
and proof. of.
debt.
ORDINANCE No. 5 or 1`s64.
Bankruptcy and Insolvency.
receive the proofs or the debts of the creditors : the Official Assignee
shall
attend, and give to the meeting the fullest information in his power of
the
estate and effects of the bankrupt and of the debts due from his estate;
arid a majority in value of the creditors present may determine whether
any allowance for support Shall be made to the bankrupt up to the time
of passing his last examination, and may iii the amount of such allowance
if any be allowed.
As to choice of Creditors' A.Si8ignees, and their Power.
Creditors to
choose
11bS1a11CC.
Petitioning
creditor to .
proceed it his
>-n cot
until -choice
,of Creditors'
Assignee.
Estate to vest
in Creditors'
A981gllee.
assignee to
account.
68. At the first. meeting of creditors, or at any adjournment thereof,
it shall be competent to the majority in value of the creditors who have
proved debts to choose an assignee or assignees of the bankrupt's estate
and effects to be called the Creditors' Assignee: Provided that the Court
shall by certificate appoint such assignee so chosen and shall have power
to reject any person' so chosen who shall appear to such Court unfit to be
such assignee, and upon such rejection, a new choice of Creditors'
Assignee and a new appointment shall be made.
69. The petitioning creditor shall at his own cost file end prosecute
his petition until the choice of assignees by= the creditors : and the
Court
shall at or after the sitting for such choice make order for the payment
thereof out of the estate of the bankrupt in course of priority to be
settled
by any General Order to be made in pursuance of this Ordinance.
70. Upon the appointment of the Creditors' Assignee all the estate
both real and personal of the bankrupt shall be divested out of the
Official
Assibnee and vested in the Creditors' Assignee.
71. The Official Assignee shall forthwith render to the Creditors'
Assignee a full and particular account or balance sheet of the bankrupt's
estate, and of all receipts, payments and other transactions of such
Official
Assignee and also a list of all the creditors of the bankrupt who shall
have
proved their debts against the estate.
flreaoors' 72. The Creditors' .Assignee shall audit such account and may
call
tlasi--Tie(' may
Bali for for such information fi'o;xi the Official Assignee as he
possesses concerning
formation.
the estate.
No person to 73, ho person shall be entitled, as against the Official or
Creditors'
withhold
possession of Assignee, to withhold possession of boobs of account of the
bankrupt, of
books,
to claim any lien thereon.
ORDINANCE No. 5 op 1864..
,bankruptcy aizd Insolvency.
74. At the meeting for choice of a Creditors' Assignee or at any
creditor:.
may appoint
other meeting called for the purpose, the majority in value of the
creditors manager.
present may also determine whether a manager shall be appointed to
collect and wind Lip the estate, tinder the inspection of the Creditors'
Assignee or of a committee of creditors, and may appoint such person
with such remuneration out of the estate and generally upon such, terms
and for such period and with such directions as the majority shall think
fit and the remuneration of such manager shall be subject to the control
:and review of the Court.
75. A majority in number and value of the creditors may at any rom,ovniof
meeting duly called for the purpose, remove the Creditors' Assignee or
`~'''
manager or accept his resignation ; and one-fourth in value of the
creditors
who have proved may at any time apply to the Court, by petition for the
removal of the Creditors' Assignee or manager, and if on the hearing of
such petition, the Court shall be of opinion that sufficient reason has
been
shown, it may remove such Creditors' Assignee or manager, and appoint
a meeting of the creditors to be held for electin ; anew Creditors'
Assignee : -
-and if the assignee shall die, resign, or be removed or remain away from
the Colony for three months at any one time, any creditor may apply to
the Court to appoint a meeting for electing a new Creditors' Assignee,
and the Court may accordingly appoint a meeting, whereof at least seven
days' previous notice shall be given in the Honghova Government Gazette
and such other newspapers as the Court may direct, and such meeting
may elect a new Creditors' Assignee accordingly.
76. In all cases of the election o- 10a new Creditors' Assignee, the Mode
of
electing new
proceedings shall take place in like manner as is hereinbefore provided
in creditors'
the case of the first election and the new Creditors' Assignee shall
have Assignee.
the same powers and perform the same duties as the Creditors' Assignee
first chosen, and shall call to account such Creditors' Assignee, his
heirs,
a
executors, administrators, or assigns as the case may require.
` 77. No valuation off bankrupt's property shall be made unless the a5 t.
r
'aluaiion of
Court shall so direct: and any valuation required by the creditors shall
i>,rupt's
be made in such manner and upon such terms as general orders shall from
property.
time to time direct.
78. The Creditors' Assignee shall manage; and cNcept as herein Duties of
(Creditors' -
provided, realize and recover the estate belonging to the banl-rupt, and
Assignec.
.shall convert the same into n ioney, and shall dispose of all monies not
C-c-(1itors'
i
Assignee to
render
accounts to
Official
A ssignee.'
Assignee may
aitpoint
banktwpt to
tuanage
eai;atC.
Power for
at,~aignees to
sell bank-
rupt's book
debts.
Disposal of
bankrupt's
books, after
ltWa$aira are
wonndwp.
Oil removal
of Creditors'
Assignee,
Official
A.ei,uee may
be appointed.
ORDINANCE- No. 5of 1864.
Bankruptcy and Insolvency.
necessarily retained for current expenses, and all bills, notes, and
negotiable-:.
instruments belonging to the estate, at such time and in such manner
a$-.a,,
General Order shall on that behalf direct.
79. The Creditors' Assignee shall from time to time and so often n4
any General Order shall direct, render to the Official Assignee a. debtor
-
and creditor account of all movies received and paid by Kiln on account
of the bankrul>t or his estate verified on oath as a full, true and
faithful
account of his receipts and payments as such Creditors' Assignee and `the-
Court may examine any account which may be made by or may corrie
into the hands of the Official Assinnee.
80, The Assignees may with the approbation of the Court appoint
the bankrupt himself to superintendent the management of the estate, Or-
to carry on trade for behoof of the creditors, end in all or any other
respects-
they may think fit to aid them in administering the bankrupt's estate and
,
effects in such manner and on such terms as they may think best for the-
benefit of the persons interested in the estate.
81. At any time after the expiration of twelve months lrorrt.,
adjudication, or at any earlier period with the approbation of the Colzr~t
the Assignee may sell by auction or tenditi, or with the sanction of the
Court by private contract, all or any of the book debts due, or broivirfb
-
due to the bankrupt, and with the sanction of the Court the books
relating,
thereto, and the goodwill of his trade or business, and assign the same
to.
the purchaser: and such purchaser shall by virtue of the assiaymeilt have-
power to sue in his own name for the debts assigned to him as
effectually,.
and with the same privileges concerning proof of the requisites of bank-
ruptcy and other matters, as the assignee himself.
8`a'. When the affairs of the bankrupt are fully wound up, tire Court
may, subject to the directions of any General Order, make from time to,,
tinge such orders as in each case seems fit respecting the disposal or
custody
of any books, papers or documents relating to property or affairs in then-
possession or under the control of the Offlciaf Assignee or any other
person:
83. If the Creditors' Assignee shall wilfully fail to observe any of
the directions herein contained or shall be guilty of any neglect in the
performance of his duty, or it shall be made to appear ato the Court on .
-the application of any two or more creditors that it would be for the
benefit of the estate that such Creditors' Assignee should not continue
-to
have the management and administration of the bankrupt's estate, tlr°°f;~
OE,DIVAINCE NQ. .5 op 1864.
Bankruptcy at:d Insolvency.
Court may either appoint the Official Assignee to act jointly with such
Creditors' Assignee, or remove such Creditors' Assignee, and direct a
choice of another Creditors' Assignee or appoint the Official Assignee
alone to wind up and administer the estate under the bankruptcy, and, if
a change of assignees shall thereupon take place, the estate of the
bankrupt shall, by order of the f3ourt, be divested out of the assignee
removed by the Court, and vested in the assignee chosen or appointed
under this section.
84. All powers vested in any bankrupt which he might legally
execute for his own benefit, may be executed by the assignees for the
benefit of the creditors, in such manner as the bankrupt might have
executed the same.
85. Where according- to law any conveyance or 'assignment of any
real or personal property of a bankrupt would be required to be
registered,
enrolled, or recorded in any Registry Office in Hongkong, then and in
every such case the certificate of appointment of assignees of the estate
and effects of the bankrupt shall be registered in the Registry Office,
Court or place wherein such conveyance or assignment would require to
be registered, enrolled or recorded, and such registry shall have the like
effect to all intents and purposes, as the registry, enrolment or
recording
of- such conveyance or assignment would have had : and the title of any
purchaser of any such property for valuable consideration without notice
of the bankruptcy, who shall have duly registered, enrolled or recorded
his purchase deed previous to the registry hereby directed, shall not be
invalidated by reason of such appointment of assignees, or of the vesting
of such property in them consequent thereupon, unless the certificate of
such appointment shall be registered as aforesaid within two months from
the date of such appointment.
86. The Court may, upon the application of the assignees, or of
any purchaser from. them of any part of the bankrupt's estate, if it shall
see fit, order the bankrupt-to join in any conveyance of such estate or
any part thereof: and if he shall not execute such conveyance within
the time directed by the order, such bankrupt and all persons claiming
under him shall be stopped from objecting to the validity of s4ch con-
veyance : and all estate, right, or title which such bankrupt had therein
shall be as effectually barred by such order. as if such conveyance had
been executed by him.
Assigiwas to
have all
powers
bankrupt
Might bave
bad.
Certificate of
appointment
of assignees
to be register-
ed Where any
conveyanceof
bankrupt's
property
wonid recluir<:
to be
re,istered,
court may
order bank-
rupt to joili
in convcy-
Conditional
estate grant-
-cd by bank-
rupt may be
redeemed by
assignees.
If a member
of a firm bc-
c:omes bank-
.:rupt Court
m ky author.
iReaction or
htiit in name
:of assignees
and of re-
maining
partner.
ORDINANCE No. fi of 164.
Bankruptcy and Insolvency.
87. If any bankrupt shall have granted, conveyed, assured or
pledged, any real or personal estate, or deposited any deed, such grant,
conveyance, assurance, pledge or deposit being upon condition or power
of redemption, at a future day, by payment of money , or otherwise, the
assinnees may, before the time of the performance of such condition
make tender, or payment of money, or other performance, according.to
such condition, as fully as the bankrupt might have done: and after such
tender, payment or performance, such real or: personal estate may be sold
and disposed of for the benefit o£ the creditors.
Assignees to $$, The assignees shall be subject to the orders of the Court
in
be subject to
the order of their conduct as assignees : and the Court may at all times
summon the
the Court. -
assignees, and require them to produce all books, papers, deeds,
writings.,'
or other documents relating to tile bankruptcy in their possession,
and direct them to pay and deliver over to the Official Assignee, all
movies, boobs, papers, deeds, writings and other documents which may
have come to their possession as assignees.
89. If any person adjudged bankrupt shall at the time of the adju-
dication, be a member of a firm the Court may authorise the assignees
upon their application to commence or prosecute any action at Law or
s't in Equity, in the name of such assignees and of the remaini
in D9 part-
ner, against any debtor of the partnership, and such judgment, decree, or
order may be obtained therein as if such action or suit had been
instituted
with the consent of such partner, and if such partner shall exe cute any
release o£ the debt or demand for which such action or suit is instituted,
such release shall be void: Provided that every such partner shall
have notice biven iron of such application, and be at liberty to show
cause against it, and if no benefit be claimed by him by virtue of the
said
proceedings, shall be indemnified against the payment of any costs 'in
respect of such action or suit, in such manner as the Court lnay direct:
and such Court may, upon the application of such partner, direct that he
mad receive so much of the proceeds of such action or suit' as tine
Coill~t`
shall direct.
a~sisnees 90. The assignees with the leave of the Court first obtained upon
may i.nstitnto
or defend application to such Court but not otherwise, may commence,
prosecute
actions and
compound for or -defenA, any action at Law or suit in Equity which the
bankrupt might
debts due to
the estate, have commenced and prosecuted or defended, and in such case,
the casts
and submit
disputes to to which they may be put in respect of such suit. or action
shall be
_arbitrati<,w allowed out of the proceeds of the estate -and effects of
the bankrupt : and.
OIIDI\TANCE 1\0. 5 of 1864.
Bankruptcy and Insolveoaey.
with like leave of the Court, after notice to such creditors and subject
to
such conditions (if any') as to.obtainin g the consent of creditors, or
any
proportion of them, as the Court shall think fit to direct, the assignees
may take such reasonable hart of any debts due to bankrupt's estate as
may by composition be ;otter, or may give time or take security for the
payment of such debts : and rrlay submit to arbitration any difference or
dispute between the assignees and any other person, for or on account,
or by reason of anything relating to the estate and effects of the
bankrupt.
91, All persons from whom the assignees shall have recovered any
real or personal estate, either by jud~inent or decree, are hereby
discharged
in case the adjudication or petition for adjudication, be afterw ards
annul-
led or dismissed from all demands which may thereafter be made in re-
spect of the same by the person against whom such adjudication was made,
and all persons claiming under him ; and all persons who shall without
action or suit, bona fide. deliver up possession of any real or personal
estate to the assi;0'nees, or pay any debt claimed by them, are hereby
discharged from all claim of any such person as aforesaid, in respect of
the same or any person claiming under hiul: Provided the persons so
delivering up any real or personal estate or paying any debt, shall not
have had notice of art action, suit, or other proceeding dispute or annul
the adjudication or petition for adj udication, and such action, snit; or
other
proceeding shall not have been commenced mid prosecuted within the
time and in manner allowed by this Ordinance.
92. If guy assignee indebted to the estate of which he is such
tl'ssinnee in respect of money being pert of the estate of the bankrupt
retained or employed by him, become bankrupt and obtain his discharge,
it shall have the effect only of freeing his person from arrest and impri-
sonment ; but his future effects (his tools of trade, necessary house-
hold goods and the necessary wearing apparel if himself, his wife: and
children excepted) shall remain liable for so much of his debt to the
estate
of which he was assibnee, qs shall not be paid by dividends under his
bankruptcy, and for interest at the rate of twelve per teat her annum on
the whole debt.
93, Whenever an assignee shall 'die or be removed, ay a new
assinnee shall be chosen, no action at Law or suit in Equity shall be
thereby abated, but the Court in which any action or suit is depending
inay, upon the suggestion of such death, or removal and new choice,
if petition or
adjudication
be annulled
froRcc., parsons
mwhom
the assignees
have recover-
ed or who
have bona
fide paid the
assignees,
&a., dischar-
ged from
claims 1>y the
hankr,zp%.-
If assignee
indebted to
bankrupt's
estate be-
comes bank-
rupt his dis-
cliarge shall
not release
his future
effects in re-
spect of such
debt.
Suits not to
abate by
death or re-
moval of -
assignecs.
If assignees
commence
action before
time allowed
o dispute
the bank-
ruptcy has
elapsed, debt-
or to estate
may pay .
money into
,Court.
ORRIVANCE Wo. Z- oF'1864..
13ankvuptcy and Insolvency:
allow the name of the surviving or new assignee to be substituted in the
place of the former : and such action or suit shall be prosecuted in the
name or names of the said surviving or new assignee or assignees, in
the carne manner as if he had originally commenced the same.
94. If the assignee commence any action or suit for any money
due to the bankrupt's estate, before the time allowed for the bankrupt to
dispute the bankruptcy shall nave elapsed, any defendant in any such
action or suit, shall be entitled, after notice given to the assignees, to
pay the same or any part thereof, into the Court in which such action or
suit is brought; and all proceedings with respect to the money so paid
into Court shall thereupon be stayed until such tinge shall have elapsed;
and if within that tune the bankrupt shall not have commenced such
action, suit or other proceeding, and prosecuted tile carne with due
diligence, tile money shall be paid out of Court to the Official Assignee,
but otherwise shall abide the event of such action, suit or other proceed-
ing : and upon such event shall be paid out of Court, either to the
Official Assignee or the person adjudged bankrupt as the Court shall
direct; and after such payment of money so made into Court, it shall not
be lawfuVor the person adjudged bankrupt to proceed against the defend
ant for the recovery of the same nloney.
Limitation of 95. Every action brought against any person for any thing
done
_;~et'°7`' in pursuance of this Ordinance shall be commenced within three
months
next after the fact committed : and the defendant in any such action
<xcrieral i,'u°. may plead the general issue and give this Ordinance and
the special
matter in evidence at the trial, and that the carne was done by authority
of this Ordinance ; and if it shall appear so to have been done, or that
such action was commenced after the time limited as aforesaid for bringing
the same, the jury shall find for the defendant; end if there be a verdict
for the defendant, or if ~ he plaintiff be non-suited, or discontinue his
action or suit after appearance thereto, or if upon demurrer, judgment
shall be given against the plaintiff, the defpndpnt shall receive such
full
and reasonable indemnity as to all costs, charges and expenses incurred
in and about any such action as shall be taxed by the proper officer in
that behalf, subject to be reviewed in like manner by the same authority
as any ot'ller taxation of costs by such officer.
C°lrrt may 96, I rl case of any claim, diapte or difference between the
Official
determine on
-all differences Assignee, the Creditors' Assignee, and the creditors of
any bankrupt or
ORDINANCE \To. 5 of 1864,
Bankruptcy and Insolveacy.
:any of such persons, or between any persons claiming under a trust deed,
deed of arrangement, relatin; to any bankrupts or debtor's estate, or to
any
money or property claimed as part of the estate of any bankrupt or
debtor, either party may apply to the Court, and the Court may deter-
mine the same, and may summon and examine upon oath, the Ofpicial or
Creditors' Assignee, trustee or any other person whomsoever as to any
matters and tbinas concerning the bankruptcy or trust estate, and may
-direct such enquiries, and hive such directions, and make such orders
relative thereto, as it sball see fit: and may award costs personally or
iii
-any other manner against the Official or Creditors' Assignee, trustee or
-any other person : Provided that in all cases in which a resolution his
been come to by a majority in number and value of the creditors assem-
bled in a meeting, regard sllalt be had by the Court to such resolution,
and the same shall not be set aside by the Court unless such resolution
shall in the opinion of the Court be unjust or inequitable and not fit to
be binding and conclusive under this Ordinance.
Power of the Court over certain descriptio?is of property.
9'7. If any bankrupt at the time be becomes bankrupt shall, by the
,consent and permission of the true owner thereof, have in his possession
order or disposition, any goods or chattels whereof he was reputed owner,
-or whereof he had taken upon him the sale, alteration or disposition as
owner, the Court may order the same to be sold and disposed of foe the
benefit of the creditors under the bankruptcy : Provided that nothing
herein contained shall invalidate or affect any transfer or assignment of
any ship or vessels, or any share thereof, made as a security for any debt
-or debts either by way of mortgage or assignment, duly registered accord-
ing to the provisions of any Act of the Imperial Parliament now or here-
after in force relating to the registering of British vessels.
98. If any bankrupt beiua at the time insolvent, shall (except upon
the marriage of any of his children or for some valuable consideration)
have conveyed, assigned,-ror transferred to any person any
heredita.rnents,
.offices fees, annuities, leases, foods, or chattels, or have delivered
or male
over to any person any bills, bonds, notes, or other securities or have
transferred his debts to any other person or into any other persRn's name,
the Court may order the same to! besold and disposed of for the benefit
-of the creditors under the bankritlotcy,-and every such sale shall be
valid
against the bankrupt and such persons and all persons clahninb under him.
between
assignees
surd oreditora
or between .
parties claim-
ing under
trust deeds.
Goods in tree
pO~HeSAtotl,
order, or dis-
position of
tine bankrupt
to be deemed
leis property.
Proviso fur
assignments
of vessels.
Power of
Court over
certain.
conveyances,
Zc., made by
Iraokrupt.
wb ere bauk-
,,
rupt beneti-
e3 ally c-ntitled
to Stock,
Court mad
make order
for transfer.
Discretion in
(Joust as to
the dISiJUBFII
of property
id certnirt
ORDINANCE No. 5 or 1864.
Bankruptcy and hasolveneJ.
99. I£ any bankrupt shall have any Government funds or stock o
any public company standing in his name or in his own right, the Court
may by writing order all persons whose act or consent is thereto neces-
sary to transfer the same into the name of the assignees, and to pay all
dividends upon the same to the Official Assignee; and all such persons
whose act or consent is so necessary are hereby indemnified from all
things done or permitted pursuant to such order.
100. No distress for rent made and levied after an act of bank-
to be ava,i.-
>rr)u for more ruptcy upon the goods and effects of any bankrupt whether
before or
than ono
year's rent after the filinb of the petition for adj udication, shall be
available for more
`l'`' , than one year's rent, accrued prior to the day of the filing of
such
The i.arlaioaa petition: but the landlord or persons to whom tile rent
shall be due shall
to prove for
the residue. be allowed to come in as a creditor for the overplus of the
rent due, arid
for which the distress shall not be available.
101. In any case where guy person, against whom an adjudication
may have been made under this Ordinance, may be entitled to any annu-
ity for his own life, or other uncertain interest, or to any reversionary
or continent interest, or to property under such circumstances that the
immediate sale thereof for payment gf his debts may be very prejudicial,
to him and deprive him of the means o£ subsistence which he might
otherwise have after payment of his debts, and it may be proper to
authorize
the raisins of money by ways of 111ortga~e for payment o£ the debts, or
part
of the debts of such person, instead of sellinn the property o£ such
person
for that purpose, the Court may tape into consideration all circumstances
affecting the property of any such person; and if it shall appear to the
Court that it would be reasonable to make any special order touching
the same, the Court may do so, and direct that such property as it may
be expedient not to sell, or not to sell immediately, according to the
pro=
visions of this Ordinance, shall not be sold, and may from time to time,
direct in what manner such property shall he managed for the benefit of
the creditors of such person, until the same , or -
until payment of all such creditors, according to the provisions o£ this
Ordinance, shall have been made, and may make all such orders touching
the sale er disposition of such property as the Court shall see fit, con-
siderinn the rights of the creditors and the future benefit of such
person.--
after payment of leis debts, and upon such terms and conditions with
respect to the allowance of interest on debts not bearing interest or
other
ORDINANCE, No. -5 of 184.
Bankruptcy and hasoluencv,/.
circumstances, as the Court shall see fit; and if it shall appear to the
Court that the debts of such person can be discharged by means of money
raised by way of mortgage on any property of such person, instead of
raising the same by sale, the Court may so order, and may give all ne-
cessary directions for such purpose, and generally direct all things which
may be proper for the discharge of the debts of such person, in such
manner as may be most consistent with the interests of such person in
any surplus of his effects after payment of such debts; and in every such
-case. the discharge of such bankrupt, shall not be held to discharge him
or his estate from any debt secured by him by way of mortgage or other-
wise under this section.
102. If any bankrupt shall as trustee be seined, possessed of or
entitled to either alone or jointly, any real or personal estate, or any=
interest secured upon or arising out of the same, or shall have standing
in his name as trustee, either alone or jointly, any Government stock,
funds, or annuities, or any of the stock o£ any public company, the
Court on petition of the person entitled in possession to the receipt of
the rents, issues, and profits, dividends, interest, or produce thereof,
on
,due notice riven to all other persons, (if any) interested therein, may
order the assignees, and all persons whose act and consent thereto is
necessary, to convey assign or transfer the said estate, interest, stock,
funds, or annuities to such person as the Court shall think fit, upon the
F.aame trusts as the said estate, interest, stock, funds, or annuities
were
subject to before the bankruptcy, or such of thorn as shall be then sub-
sisting and capable of taking effect, and also to receive and pay over the
rents, issues and profits, dividends, interest or produce thereof as the
Court shall direct.
103. No title to any real or personal estate sold under any bank-
ruptcy shall be impeached bay the bankrupt, or any person claiming
,under him, in respect of any defect in the petition for adjudication, or
in
any of the proceedings.underAthe same, unless the bankrupt shall within
the time allowed by this Ordinance bade commenced proceedings to
-dispute or dismiss the petition or adjudication and duly prosecuted
the same.
104. After any adjudication shall have been advertised in the
Hongkong Government Gazette, the Court rnay order any Treasurer or
.other officer or any banker, attorney; or solicitor, or other agent of
the
Where bank-
rout is a,
rrnatee the
court may
order cen-
assignment
to Ali othor
trustee,
Titles to pro-
perty sulcl
not to be
irnpea<;bcd
unless pro-
ceedings
taken f,orwl nnL-
alla alley
rlrososutod. -.
rne Court,
after adju- -
dica,tion may
order an.
Treasurer,.
xc:, or agent
of the bank-
rupt; to . -
deliver all
moneys, &c.
Payments,
coyveyanoca,
contracts, &c.,
executions
against lands
(if executed
by seizure)
to be valid, if
nn notice of
)rior act of
arrnlcruhtey.
But nothing
herein to give
validity to
payments
eCc., by way
of..fjaudulent
jiie,fereric®.
Tton&fide
purchases not
to be impeach-
ed by notice
of act of bank-
ruptcy, un-
less petition
filed within
twelve
months after
the act of
bankruptcy.
ORDINANCE No. or 186 4.
Bankruptcy and Insolvency.
bankrupt, to pay and deliver over to the Official Assignee all moneys, or
securities for money; in his custody, possession, or power as such Treas-
urer, officer, banker, or anent, and which he is not by law entitled to~
retain as against the bankrupt or his assignee.
As to trcz7zsactions not afected by Bankruptcy.
105. Every payment really and bond fide made by any bankrupt,
or by any person on his behalf, before the filing of a petition for
adjudi-
cation to any creditor of such bankrupt, and every payment really and
bondfide made to any bankrupt before the filing of such petition, and
every conveyance by any bankrupt bona fide made and executed before
the filing of such petition, and every contract, dealing, and transaction,
by and with any bankrupt really and bond fide made and entered into
before the filing of such petition, and every execution and attachment
against the lands and tenements of any bankrupt bond fide executed by
seizure, and every execution and attachment against the goods and chat-
tels of any bankrupt bond fide executed and levied by seizure arid sale-
before the filing of such petition, shall be deemed to be valid, notwith-
standing any prior act of bankruptcy by such bankrupt committed,
provided that the person so dealing with, or paying to, or being paid by
such bankrupt, or at whose suit; or on whose account, such execution or,
attachment shall have issued, had not at the time of such payment,
conveyance, contract dealing or transaction, or at the time of so
execut3~%b
or levying such execution or attachment, or, at the time of making any
sale thereunder, notice of any prior act of bankruptcy by him committed;
Provided also, that nothing herein contained shall be deemed or taken to,
give validity to any payment, or to any delivery or transfer of any goods
or chattels made by any bankrupt being a fraudulent preference of any
creditor, of such bankrupt, or to any conveyance, or equitable mortgage
made or given by any bankrupt, by wayof fraudulent preference of any
creditor of such bankrupt, or to any execution founded on a judgment -
on a warrant of attorney or cognovit actionemror Nudge's order obtained
by consent given by any bankrupt by way of fraudulent preference.
106. No purchase from any bankrupt bona fide and for valuable
consideration cohere the purchaser had notice at the time of such purchase
of an act of bankruptcy by such bankrupt committed, shill be impeached
by reason thereof unless a petition for adjudication shall have been filed
within twelve months after such act of bankruptcy.
ORDINANCE No. 5 of 1864.
Bankruptcy rind Insolmencj.
10'x. Every warrant of attorney to confess j udgment in any per-
sonal action liven by any bankrupt after the commencement of this
Ordinance, and within taco months nest before the filing of a petition for
adjudication by or against such bankrupt, and being wholly or in part
for or in respect of an antecedent debt or money demand; and every
GOg9t02'2t actionem or consent to a Judge's order for judgment liven by
any bankrupt at any time after the commencement of this Ordinance and
within two months next before the filing o£ any such petition, in any
action commenced by collusion with the bankrupt and not adversely, or
purporting to have been b,iveli in an action, but having been in fact
liven
before the commencement of such action against the bankrupt, such
bankrupt being unable to meet his eu~anoernents at the time of givin
such warrant of attorney, cognouit actionen?, or consent (as the case may
be) shall be null and void, as against the assibnees and creditors under
tile bankruptcy of such debtor whether the same shall have been given
by such debtor in contemplation of bankruptcy or not.
108. And whereas an Act hissed the Imperial Parliament in tile
third year of the reign of His late Majesty King George the Fourth
intituled An Act for preventing frauds upon creditors by secret warrants
of attorney to confess judgment: and whereas it is expedient to extend
the provisions of that Act; be it enacted and ordained that the Iast
mentioned Act shall extend to the provisional or other assignee or
-lissanees of every prisoner chose estate shall after the expiration of
twenty-one days next after his execution of such -arrant of attorney
or giving of such cngnoLit actionem as therein mentioned, be vested in'
the Provisional Assibnee of the Court, by virtue of this Urdinalice, as if
the last mentioned Act had been expressly herein enacted and ordained;
and every such warrant of attorney, and judgment and execution thereon,
and every such cognovit actionem and judgment entered up thereon as
are declared by the last mentiosed Act to be fraudulent and void against
the assignees mentioned therein shall be deemed equally fraudulent and
void against the Official o_v other assignee or assignees of such debtor
appointed under this Ordinance; and such Official or other assignee or
nssionees shall be entitled to recover back, and receive for the use of
the
creditors of such debtor, all and every monies levied and effects seized
under or by virtue of any such judgment or execution.
108. Every creditor of the bankrupt may after adjudication prove proof
inCouit
his debt b deposition in Court or in Chambers or before any officer °' in
o>ia''-
y y b°rs or before
certain %nar-
rants-of fat-
t°mey cog-,
naz: its, and
consents to
Judge's order
given within
two months
of filing peti-
tion to be
null find void.
Provisions of
:3 Goo. 4 0, 39
l.xt°nmd to
flS61rI10Cd.
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolroe2ac.y.
offlioer ap- appointed for that purpose at any meeting of creditors
elsewhere than in
a'~dAV t ~'-»9 Court, or by affidavit upon his own oath, or upon that of
any other person
in his employment: Provided that where such deposition or affidavit
shall be made by any other person than the, creditor, the deponent shall
in his deposition or affidavit, set forth that he is duly authorized by
his
principal .to make.-the deposition or affidavit, and that it is within
his own
knowledge, drat the debt was:iucurred, and for the consideration stated..
and,that to the best of his knowledge and' belief the--,.debt still
remains
mipaid and unsatisfied.
Proof by
False decrara-
tioa a mis-
demeanor,
110. Every creditor of the, bankrupt may also after adjudication,
prove his debt, by delivering or sending through the general Host; before
the apyointment of a 'Creditors' Assignee to the Official Assignee and.
after such appointment to the Creditors' Assignee a statement of such
debt and of the account if guy between the creditor and the bankrupt,
together with a declaration signed by the creditor, appended thereto, that
such statement is a full, true, and complete statement of account between
the creditor and the bankrupt, and drat the debt thereby appearing to be
clue from the estate of the bankrupt to the creditor is justly due: and
all
bodies politic and, public companies incorporated, or authorized to sue or
bring actions, may. prove by an agent, provided such agent shall in this
declaration declare that he is such agent, and that he is authorized to
ryalre such proof: and such declaration sinned by such creditor and aneiA
:
respectively as aforesaid, shall be in such form as General Orders shall
direct.
111. Any person who shall wilfully 'and corruptly make any declara-
tion for proof of debt as aforesaid, knowing the same, or the statement
of-
account to which the same shall be appended, to be untrue in any material
particulars, shall be deemed guilty of a misdemeanor, and shall be liable
to undergo the pains and penalties inrposd'tl upon persons guilty of
wilful .
and corrupt perjury.
Official 112. '.'he Official or Creditors' Assignee, as the case may be;
shall
Assignee to
examine all exarllrne all the statements of account as aforesaid and
compare the same
statements of
account, and with the,boola, accounts and other documents of the
bankrupt, and shall
make °'t list
of eredit9rs from time to time make out a list of the creditors who have
proved their
-who have
debts, stating the amount and nature of .such debts, which list shall be
open to the inspection of any creditor who has proved under the estate.
ORDINANCE: NO' 5 0~ 18644.
Bank Vcy 'and bisw'renoy.
113. The Court may, on the application of the assignee, or of any
creditor, or of the bankrupt, or without any application, examine upon
oath or otherwise any person tendering, or who has made a proof, and
may summon any person capable of giving evidence concerning such
proof, and, in' like manner, where the debt is tendered on affidavit or
statement, as hereinbefore provided, may summon and examine on oath
or otherwise, the person who has made the affidavit or statement, and
any other person capable of giving evidence concerning the debt sought
to be proved.
114.. Every person with whom any bankrupt shall have really and
honc2.fide contracted any debt or demand before the filing of the petition
for adjudication shall notwithstanding any prior act of bankruptcy com-
mitted by such bankrupt, be admitted to prove the same, as if no such
act of bankruptcy had been committed, provided such person had not, at
the tune the satrie was contracted, notice of any act of bankruptcy, by
such bankrupt committed.
115. A person entitled to enforce against the bankrupt payment of
any money, costs, or expenses by process of contempt issuing out of any
Court shall be entitled to conic in, as n creditor under the bankruptcy,
and prove for the amount payable under the process, subject to such,
ascertaining of the amount as may be properly had by taxation or
otherwise.
116. In all cases in which the bankrupt is liable to pay any rent
or other payment falling due at fixed or stated periods, and the adjudica-
tion shall happen at any tine other than one of such fired or stated
periods, the person entitled to such rent or other payment may prove for
a proportionate part thereof up to the day of the adjudication in such
manner as if the said rent or payment grew due from day to day ,and not
at such fixed or stated periods as aforesaid.
117. If any debtor shall at the time of adjudication be liable upon Proof
in
any bill of exchange or promissory note in respect of distinct contracts,
as member of two, or more-firms carrying on separate and distinct trades,
and having distinct estates to be wound up in bankruptcy or as a sole
trader and also as the member of a firm, the circumstance that such firms
rite in. whole or in part composed of the same individuals, or than the
sole
contractor is also one- of the joint contractors, shall not prevent proof
and
receil>t of dividend in. respect of such distinct contracts against the
estates
respectively liable upon such con-tracts:
Power to -
examine upon
oath-allegeU%,
d-
Cr(:dltUl'3,
Bax&, fide=
creditors in re.
spect of dcbt-
contracted
after an get
of bankruptcy
may prose.
Proof for
money, costs,
&c., of wbich
payment may
be enforced
by process
of-contempt.
Proof for ..
proportionate
part of rent
and other
payments
falUna due at
fixed periods.
respect o£ dis-
tinct con.
tracts.
Proof in re-
-spect of unli-
ciuidated
Proof for
premiums
upon policies
.of insurance.
I3ayments of
;assessed taxes,
ORDINANCE No. 5 OF :186.
Bankruptcy and Insolvency.
11$. If any bankrupt shall at the time of adjudication be liable,
by reason of any contract or promise, to a demand in the nature of
damages which have not been and cannot be otherwise liquidated or
ascertained, the Court may direct such damages to be assessed either, by
a jury before itself, or in the Court of Summary Jurisdiction without a
jury, and to give all necessary directions for such purpose; and the
amount of damages, when assessed, shall be provable, as if a debt due, at
the time of the bankruptcy; Provided, that in case all necessary parties
agree, the Court shall have power to assess such damages without the
intervention of. a jury, or a reference to the Court of Summary
Jurisdiction.
119. If any bankrupt shall at the time of adjudication he liable by
reason of any contract or promise to pay premiums upon any policy of
insurance, or any other sums of money, whether yearly or otherwise, or
to repay to or indemnify any person against any such payrnents,,tlre
person entitled to the benefit of such contract or promise may, if he
thick
fit, apply to the Court to set a value upon his interest under such
contract
or promise, and the Court is hereby required to ascertain the value
thereof,
and to admit such person to prove the amount so ascertained, and to
receive dividends thereon.
120. The Court, out of the estate and effects of the bankrupt, shall
order payment of all duties, rates, taffies and Crown rents due from the
bankrupt at the tune of his bankruptcy.
One year°s 121. The Court, out of the estate and effects of the bankrupt,
shall
local rates
may be paid order payment of all such rates as may be due from him at the
time of
bk,fnll' his being adjudicated a bankrupt, provided such rates have become
due
d-ing the twelve months immediately preceding the bankruptcy.
ui
Three rnontns 122. When any bankrupt shall have been indebted, at the time
of
wages or sal-
ary.to be paid filing the petition for adjudication, to any servant or
clerk of such bank-
to clerks or .
Servants. rapt, in respect of the wages or salary of such servant or
clerk, so much
as shall be so due, not exceeding three months wanes or salary, and not-
exceeding five hundred. dollars, may be paid to, such servant or clerk out
of the estate of such bankrupt: and such servant or clerk may prove for
any sum exceeding such amount.
i.;fky dollars 123. When any bankrupt shall have been indebted, at the
time of
))wAidagetos film; the petition for adjudication, to any lrtbourerer or
workman of such
workman. labourer ar bankrupt, ire, respect of the wages or labour of such
labourer or workman
so much as shall be so due, not exceeding fifty dollars may be paid to
ORDINANCE No. 5 .,o-F 1864.
Bankruptcy and Insolvency.
'-such labourer or workman out of the estate of such bankrupt; and such
labourer or workman may prove for any suui exceeding such amount.
124. Where any person shall have b3en an apprentice to a bank-
rupt at the time of the filing of` the petition for adjudication, the
filing of
such petition shall, unless all necessary parties shall consent in writing
that the indenture shall remain in force, be and enure as a complete
discharge of the indenture whereby such apprentice was bound; and if
any sum shall have been really and bond fide paid, by, or on behalf of
such
apprentice to the bankrupt, as an apprentice fee, the Court may upon
proof thereof, order any sure to be paid out of the estate of the said
bank-
rupt to, or for the use of such apprentice, which the Court shall think
reasonable, regard being had, in estimating such suln, to the amount of
the sum so paid by or oil behalf of such apprentice, and to the time
during
which such apprentice shall have resided with the bankrupt previous to
the filing of such petition.
125. Where there has been mutual credit given by the bankrupt and
any other person, or where there arc mutual debts between the bankrupt
and any other person, the Court shall state the account between them,
-and one debt or demand may be set against another, notw ithstandino any
prior act of bankruptcy committed by such bankrupt, before the credit
given to or the debt contracted by him; and what shall appear due on
-either side on the balance of such account, and no more shall be claimed
.or paid on either side respectively; and every debt or demand hereby made
provable against the estate of the bankrupt, may also be set off in manner
aforesaid against such estate, provided the person claiming the benefit of
such set-off, bad not when such credit was given, notice of an act of
bank-
ruptcy by such bankrupt committed.
126. Any person echo shall have riven credit to the bankrupt upon
valuable consideration for any money or other matter or thing whatsoever
which shall not have become payable when such bankrupt committed an
act of bankruptcy, and whether such credit shall have been given upon
any bill, bond, note, or other 'negotiable security, or not, shall be
entitled
to prove such debt, bill, bond, note, or other security as if the same was
payable presently, and receive dividends equally with the other creditors,
deducting only thereout a rebate of interest for what he shall §o receive
at the rate of. twelve per centum per annum, to be computed from the
declaration of a dividend to the time. such debt would have become pay-
able according to the terms .upon which it vas contracted.
Apprentices
to bankrupts
discharged
from their
i n dentures.
Court miry
order tiny slim
to be paid in
respect of nt-)-
pruntice fees.
1Iutiinl debts
and credits
may be set off
notwithstan d-
ing prior act of
b:diikruptcy_
Deedi not
payable at the
time of the
bankruptcy
may be prov-
s ed, deducting
rebate of in-
terest.
sureties and.
ersons liable
~or the debts
of a bankrupt
-may prove
after having
paid such
debt,
sespondentia
'.`-Tiands, and
`:y esuredin
policy of
assurance
ORDINANCE 1V°o. 5 of 186.
Banlcruptcy and Izzsolvencr,~.
12'l. Any person who at the time of filing a petition for adjudica-
tion, shall be surety or liable for any debt or demand of the bankrupt,
provable under this Ordinance, ^ or bail for the bankrupt, either to the
sheriff or to the action, if he shall have paid the .debt or demand or any
part thereof in discharge of the whole debt or demand, (although he may
have paid the same after the filing of the petition for adjudication) if
the.
creditor shall have proved his debt or demand under the bankruptcy,
shall,-
be entitled to stand in the place of such creditor as to the di'6dends and
all other rights under .the bankruptcy which such creditor .possessed or
would be entitled to in respect of such proof: or if' the creditor shall
not
have proved, such surety or person liable, or bail, shall be entitled to
prove his demand in respect of such payment as a debt under the bank-
ruptcy, not disturbing the former dividends, and may receive dividends
with the other creditors, although he may have become surety, liable, or
bail as aforesaid, after an act of bankruptcy committed by-the bankrupt..-,
provided that such person had not when he became such surety or bail,
or so liable as aforesaid, notice of any act of bankruptcy by such
bankrupt
committed.
128. The obligee in any bottornry or respondentia bond, and the
assured in any policy of insurance made upon good and valuable consid-
eration, shall be admitted to claim, and, after the loss or contingency
shall have happened, to prove his debt or demand in respect thereof and
receive dividends with the other creditors, as if the loss or contingency
had happened before the filing of the petition for adjudication against
the
obligor or insurer: and the person effecting any policy of insurance upon
any ship or goods with any person, (as a subscriber or undercvriter)~
having become or becoming bankrupt shall be entitled to prove anyPloss-
to which such bankrupt shall be liable in respect of such subscription,
although the person so effecting such policy was not beneficially
interested
in such'ship or goods, in case the person so interested is not within
the-::
Colony.
Admitted to
Claim and,
after loss to
prove.
x'ersons effect-
fbg insurance
iy~mitted to
Ions: -
nt,nnity129. Any annuity creditor of any bankrupt by whatever assurance
<;reditors
admitted io his annuity be secured and whether there be or be not any
arrears of sucl>F
annuity lie at the time of the bankruptcy, shall be entitled to prove for-
the value of such annuity, which value the Court shall awertaiii regard
being had to the original price given for such annuity, dec-i. acting
there
from such diminution in the value thereof as shall have been caused by-
ORDI\? k1V CE° No: 5 op -18644:
13ankruptqJ grad .Ifsolvency.
the lapse of time since the grant thereof to the tine of the filing of the
petition for adjudication.
130. No person entitled to any annuity granted by any bankrupt,
shall sue any person who may be collateral surety for the payment of such
:annuity, until such annuitant shall have proved against such bankrupt's
testate for the value of such annuity and for the arrears thereof; and if
such
surety, after such proof, pay the amount proved, he shall thereby be dis-
charned from all claims in respect of such annuity; and if such surety
shall not (before any payment of the aclnuity shall have become due after
the bankruptcy) pay the suln so proved, he may be sued for the accruing
payments of such annuity until the annuitant shall have been paid or
satisfied, the amount so proved, with interest thereon at the rate of
twelve
per centurn per annum from the title of notice of such proof, and of the
amount thereof, being given to such surety; and after such payment or
:satisfaction, such surety shall stand in tile place of such annuitant,
in'
respect of such proof, to the nmount so paid or satisfied by such surety,
and the dischahae of such bankrupt, shall be a release to hint, from alh
,claims of such annuitant, or of such surety in respect of such annuity;
provided that such surety shall be entitled to credit, in account with
such
:annuitant, for any dividends received by such annuitant under the bank-
ruptcy, before the surety shall have fully paid or satisfied the amount so
proved.,
131. If any bankrupt shall, before the filing of a petition for adju-
dication, have contracted any debt payable upon a contingency which
shall not have happened before the filing of such petition, the person
with
whom such debt has been contracted may, if he think fit, apply to the
Court to set a value upon such debt, and the Court is hereby required to
.ascertain the value thereof, and to admit such person to prove the amount
so ascertained, and to receive dividends thereon or if such value shall
not
be so ascertained before the contingency shall have happened, then such
person may, after such contingency shall have happened, prove in respect
-of such debt, and receive dividends with the other creditors not
disturbing
any former dividends: provided such person had not, when such debt was
contracted, notice of any act of bankruptcy by such bankrupt committed.
132:: If y bankrupt shall have incurred or become liable to, or,
bound by any contract, covenant, or obligation, or subject to any duty;
.either absolute or upon a contingency respectively, and either present
or,
Sureties fur=
payment of .
annuities
granted by
bankrupt, in
what manner
to come under
the bankrupt-
cy.
Debt contin-
gent at the -
time of the
filing of the
petition to he
provable for -
the valve
thereof ascer
twined by the -
Court, or if
value vat
ascertained
before the
contingency
hashappencd-,
then, after
the contin-
gency has
happened tide
amount of -
debt may be.
peeved.
Liability con-
tingent fit the -
filing of =the
petition='may -
be admitted- to
claim, and
after contin-
gency has
happened
and the de-
mand been
ascertained.
demand -may
be proved.
On 1>ankrupt-
cv.of agent
intrusted with
goads, but
-:wbiah have
been pledged
ba h'tm, owner
nudy=prove for
amount paid
to ieda~m, or
for aaae, if
the goods be'-
nnrctl:emed.
ORDINANCE 1xo. 5 0F 1864.
Bankruptcy anal Insolvency.
future, or whereby, or by reason or on breach whereof respectively he-
shall or may become liable, either absolutely or contingently, to pay
any money or damages, either liquidated or unliquidated, and either then
or at some future tune or times, and the demand in respect thereof shall
not have been ascertained before the filing of the petition for
adjudication
in every such case, if such demand be not provable under any other provi-
sion of this Ordinance, the person with or to whom such liability to pay
has been contracted or incurred may, if he think fit, apply to the Court
to set a value thereon; and the Court is hereby required to ascertain the,
value thereof, and to admit such person to prove the amount so ascertained
and to receive dividends thereon: or such person may if he think fit apply
to be admitted and shall be admitted to claim for such sum as the Court
shall
think fit; and after the contingency, if any, shall have happened, and
the-
demand in respect of such liability to pay, shall have been ascertained,
he-
shall be admitted to prove such demand, and receive dividends with the
other creditors, and so far as practicable, as if the contingency if any,
had
happened and the demand had been ascertained before the filing of such
petition, but not disturbing former dividends; provided that where any
such claim shall not have, either in whole or in part, been converted into
a proof within site months after the filing of the petition for
adjudication,
it may, upon the application of the assignees at any time after the
eYpira--
tion of such time if the Court shall thick fit, be expunged either in,.
whole or in part-from the proceedings.
133. Ifany agent intrusted with the possession of goods within
the meaning of an Act of the Imperial Parliament passed in the Session
holden in ;the fifth and sixth years of the reign of Her present Majesty
intituled ' An Act to amend the Law relating to advances bond fide made-
to Agents intrusted with goods,' shall have become bankrupt, the ovrner-
of any goods so intrusted to such agent, and which shall have been.
redeemed by such owner in manner provided by the said Act after having'
been pledged by such agent, shall, in respect of the sum paid by him on
account of such agent for such redemption, be held to have paid such sum
for the use of such agent before his bankruptcy, or in case such goods,
shall nod be so redeemed, the owner shall be deemed a creditor of such
abent for the value of the goods so pledged at the time of the pledge, and
shall, if he think fit, be entitled in either of such cases to prove for
or set.
off the sum so paid, or the value of such goods, as the case may be. '
GRDRYANCX' Nor 4 c,°°,1.964.
Bank, wptcy and lnsolvency.
134. Upon every debt or sum certain payable at a certain time or
otherwise, whereupon interest is not reserved or agreed' for, and which
shall be overdue at the time of the filing of the petition foi
adjudication,
and provable thereunder the creditor shall be entitled to prove for
interest,
to be calculated at a rate not exceeding twelve per centuni per annum,
up to the date of the filing of such petition, from the time when such
debt
or sum certain was payable,-if such debt or sum be payable by virtue of
some written instrument at a certain time, or if payable otherwise, then
from the time when demand of payment shall have been made in writing,
so as such demand shall give notice to the debtor that interest will be
claimed from the date of such demand until the time of payment.
135. No creditor who has brought any action or instituted any suit
a,
ainst any bankrupt in respect o6 a demand prior to the adjudication, or
which iniaht have been proved as a debt under the bankruptcy, shall prove
a debt under such bankruptcy or have any claim entered upon the pro-
ceedings without relinquishing such action or suit, and the proving or
claiming a debt under a petition for adjudication by any creditor shall be
deemed an election by such creditor to take the benefit of such petition
with respect to the debt so proved or claimed ; provided that such
creditor
shall not be liable to the payment to such bankrupt or his assignees, of
the costs of such action or suit, so relinquished by him, and that where
any such creditor shall have brought an action or suit against such bank.
rupt jointly with any other person, his relinquishing such action or suit
a_g;ainst the bankrupt, shall not affect such action or suit against such
other
person: provided also that any creditor who shall have so proved or
claimed, if the petition for adjudication be afterwards dismissed may
proceed in the action as if he had not so proved or claimed.
136. No creditor having security for his debt, shall receive upon
any such security more than a rateable part of such debt,'except in
respect
of any execution or extent served and levied by seizure and sale upon, or
any mortbane of or lien upon any part of the property of such bankrupt
bQfore the filing of the petition for adjudication.
137. The Court may at any time expunge or reduce a proof of debt How.
proof
y be ex-
on such application and such evidence as it shall think fit, and for the P
purpose may summon and examine upon oath or otherwise any person
who shall have proved together with any person whose ev=idence may
appear to the Court to be material either in support of, or in opposition
ItiteTeSt Upon
debts, when
rrovnny
thotyli trot <_
ieserved or
agreed for.
Proving gear
to be an elcc-.
tioTt not to
proceed
ngai,tst tie
bankrupt by
action.
Creditors
liaving scCttr.
sty not to
receive more
th;n other
creditor.
yy, J ORDINANCE _N o. or,
~v~__. .._ _ _ . .-- .. _..__ .._.____Bankruptcy and hasolcency, to; such
debt, and may make such order as to the costs of any application
in that behalf as it shall see fit.
- order of 138. Fourteen days after any baulkrupt shall have passed his last
-=---fiiisonr;.,ro. eNainination, the Court play make an order to be
called an order of dis-
charge, and such order shall thereupon take effect from the date: thereof
except tile same be suspended as hereinafter provided.
t x`3 i
~6' dihcbarge 139. When the order of discharge shall take effect it shall,
subject
6ikrupt
erom ~n to any condition rnentioned therein, discharge tile bankrupt front
all debts,
a,:°irile lldei° claims and demands provable under his bankruptcy, and
from the effects
any effects
any process issuing oat of any Court for contempt of any Court for
. non-payment of nioney, or of costs or expenses in any Court, and from all
costs which he would be liable to pay in consequence of or on purging his
contempt and any bankrupt in custody under any such process as afore-
said ,.Mill on obtaininw his discharge be entitled to be discharged from
such
custody forthwith.
~` Bankldt,tnot 140. \o bailkri)lat after the order of dischare shall take
effect shall
`1~a~1, wider& ;,,.,y ,s,,,. .z.outrncts,e.~ be liable to pay or satisfy
any debt, claim or demand provable under the.
'ad° 'ft°r bankruptcy, or aany art of such debt claim or demand upon an
contracti ':rllitx Petition y pl Y
i.~. t'dr'ttd~udzcr~
;,' _~i~:. promise or agreement made after the filing of the petition for
adj udication,
r''4 a
-.zbflnkruht 141. If the assignee o) airy creditor shall allege, arid if
the Court
`:pilty of
x ; izisaomonuor, without such allegation shall be of opinion, tlic)t there
is round for
`.'i ourt may
. ,uat~eudn,. cllarglng tile bankrupt with acts or eondl)ct alT:ouuting t0
a llllsdemeallor
.;;~ef~e.°'aer Under this Ordinance the Court may direct the Attorney
General to
~':xaP. rtiscli:n-go. Y
~` prosecute such bankrupt under this Ordinance ; and in any such case tile
order of discharge of such bankrupt shall not be granted until after the
_~ trial of'such bankrupt, glad )nay tliercupora be ;granted or wholly
refused
or suspended front taking effect or be granted upon such conditions as the
Court shall think fit.
If bavkrui,t 142. If it shall ,appear to the Court that the bankru'pt has
carrieel~
' ourried on
cr;ide by fcti. on trade by means of fictitious capital, or~tha't he could
not at the time
t:°°rs cal>ittll, when any of his debts were contacted have had any
reasonable or prob-
Court lay -
refuse or able ground of expectation of being able to pay the same or that
he has
-suspend order. -
with intw)t to conceal the true state of his affairs wilfully omitted to
keep
proper books of account, or that his bankruptcy is attributable to rash
and hazardous speculation or unjustifiable el,ravagance in living, ox that
lie has put any of Lis creditors to unne;;cssary expense by frivolous or
ORDINANCE 'No. & or 18(i4.
Bankruptcy and InIolvency.
vexatious def,:nce to any action or suit to recover any debt or honey due
to him; the Court may either refuse an order of discharge or may suspend
tile salve from tii:ino, effect for such time as it shall think fit, or
may
grant an order of discharge subject to any conditions touching any
,salary,
pay, emoluments, profits, W'iL~_greS, earnings or income which inay
afterwards
become du(: to the bankrupt. and touchiul, after-acquired property of the
bankrupt; as it shall think fit or May sentence the bankrupt to be
iLnllri-
soned for any period not exceedin0 one year.
143. If after the order of <lischarge of such bankrupt shall have taken
effect, he be arrested, or if arty action be brought against him for cony
debt,
claim or demand provable under tile' banl:rulltcyr, he shall be discharged
upon entering an appearance aril May7 plead that the cause of action
accrued before he became a bankrupt.
144. If a bankrupt after the order of discharge shall ta.1;G eff(:ct
shall be arrested or detained in custody for a debt claim or demand
provable under leis bankruptcy where .)LLd~lnel7t rigs been obtained
before
the order of discharge shall take effect, the Court shall on proof of the
order of discharge and unless there appear g00(V reason to the contrary
direct the officer who has the bankrupt in custody to discharge hiiii,
which
shall be done without Fee.
EGet or order
of etiscltm;4c.'
R(Aea.-~e of
1>atnt:ruht
1Vil(`.11 !Lr'1'CStC4t
::ftcr ,tis-
145. The order of discharge slta,ll not release or clisclLarbe any person
t~,tt4ci or.
Order in c;vsc
tvho was a partner vc of the banl:rltptcy,-or
teas of t,:at,mrzA.
then jointly bound or had any joint contract with him.
146. Any contract; covenant or security made or given by a bank-
rupt or other person with or to or in trust for any: creditor for securing
the payment of any money as a consideration or with intent to persuade
the creditor to forbear opposing(),,, the order of discharge, or to
forbear to
petition for a Pehearinn of or to appeal against the same, shall be void,
and
ally money thereby secured. or'aggrced to be paid, shall not be
recoverable,
and the party sued on any such contract or security may plead in ngeneral
that the cause of action accrued pending proceedings in bankruptcy, gild
play give this Ordinance and the sp~cia,l matter in evidence: Vrovidecl
that no such security if a negotiable security shall be void as against it
Lont2 fide holder thereof, fur value without notice of the consideration
for
wllich it was given.
ccntr'axc or
aec;urity with
intent to in-
dum credikw
to forbear
Penalty for
,obtaining
money or
goods as an
inducement
to forbear
opposing
order of dis-
charge.
Reheaiing of
order of
e.
ORDINANCE -No. v o>r 1864.
Bankruptcy and Insolvency.
14'x. If any creditor of a bankrupt shall obtain any sum of money,
or any goods, chattels or security for money from any person as an induce-
ment for forbearing to oppose, or for consenting to the discharge of, such
bankrupt or to forbear to petition for the recall of ,the same, every such
creditor, so offending, shall forfeit and lose for every such offence the
treble value or amount of such money, goods, chattels or security so
obtained.
148. The order of discharge whether suspended or not shall not be
reviewed by the Court unless the Court see good cause to believe that the
order was obtained on false evidence or by reason o£ the suppression of
evidence or otherwise fraudulently: in any of which cases the Court may,
if it think fit upon the application o£ a bankrupt or of a creditor who
has
proved and subject to such deposit for costs, and to such notices by
advertisement or otherwise, as the Court shall thinly fit, grant a
rehearing
of the matter and rehear it accordingly, and upon rehearing the Court
shall make such order as shall seem just as in like manner it might upon
an original hearing.
1 1F order sns- 149. If on such rehearing the Court shall annul or suspend
the
pended on
rehearing order of discharge; all persons having bond ,fide become
creditors of the
-subsequent
creditors to bankrupt between the time the discharge took effect and the
time of its
prove first
against sub- being annulled or suspended on rehearinn, shall as against
any property
sequent , pro-
perty; acquired lY the bankrupt during the same period, and in priority to
the
original creditors, be admitted to prove and have dividends under the
bankruptcy.
Poumqfqrdqr. 150. The order of discharge shall be in such form as General
Orders
shall direct, and shall be under the hand of the Chief Justice and- the
seal
`Xatice to be , of the Court; and notice of the granting thereof shall be
advertised in' the
:~droeftised.
Hongkong Government Gazette.
As to Dividend.
J)ividend. 151. As coon after the adjudication as tL^e Court shall appoint
there
shall be submitted to a meeting of creditors to be called for that
purpose;
and to be held before such officer as the Court shall appoint, of which
meeting ten days' notice shall be given in the Hongkong Government
Gazette and in such other newspapers as the Court may direct, a state-
rnent- of the whole estate of the bankrupt, as then ascertained, of-.the
property recovered, and of the property outs tan ling, specifying the
cause
ORDINANCE \o. -5 of ,1=84.
13ankrtcptcy and Insolvency.
elf its being so outstanding, and of all the receipts,.and of all payments
thereout, made or to be made; and the Official Assignee shall., and any
creditor who has proved may, attend and examine such . statement, and
compare the receipts with the payments; and upon ascertaining,what
balance is then standing to the credit of the estate, the meeting shall by
resolution, declare whether any and what part of the net produce of the
estate, after making a reasonable deduction for future contingencies,
shall
be divided amongst the creditors. At the same meeting the majority in
value of the creditors present shall determine whether any, and what,
allowance shall be made to the bankrupt out of his estate, if he has
obtained or shall obtain his discharge.
152. If nhon such examination it shall appear that any Creditors'
A55ik»eenot
tokeel)money
Assignee has kept in his hands at any time during the space of one week
in hihhanas.
more than the sum of five hundred dollars belonging to the estate, the
.creditors may upon establishing such fact to the satisfaction of the
Court,
and if the assignee shall not show cause to the contrary, debit such
rtssignee with interest for the amount so kept, at any rate not exceeding
twenty-five per centum by the year, for the time such moneys were kept
in his bands.
153. In the calculation of a dividend it shall be imperative to make
provision for debts which shall appear from the bankrupt's balance sheet
or schedule to be due to persons resident in places so distant from the
Court. 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 the subject of claims not yet determined by the Court.
154. In every case where ,joint and separate estates have to be
.ldministered and where the Court shall not otherwise direct, dividends
of the joint and separate estates shall be declared at one and the same
-sitting, and notice of the time,appointed for such dividends when
adverti-
sed, shall be given in one and the same advertisement and the costs,
charges, and expenses of~ard incident to the sitting shall be apportioned
,by the assignee between the joint and separate estates as may appear to
be fair and reasonable, having regard to the work done, for, and the
benefit received by each estate.
155. Within ten days after such meeting or within such further Dividend
`list
time as the Court may allow, the Official Assignee shall prepare lists of
to prepared
.creditors entitled to dividend, and shall calculate tend set opposite to
the ~s
I)rovisioll to
be nindu for
creditors
TO,;ai11~d.
i4
aigtaitee, mid
for pen<ling
claims,.
J<i n t a ml
,,-e an
P ate
Alto estate. is
P acl;irEt>:t1ve
OtTici.il
Assignee to
get after
diachruyc of
ASEi1'nee.
OfLD1NA\C>J No. 5 OF 1864.
Bankruptcy and Insolvency.
name of each creditor who has proved under the estate (subject to the
provision herein contained as to dividends reserve;l) the dividend to
which he i5 entitled out of the net produce of the estate so sit apart for
a dividend, and shall forward by post to every such creditor a statement
of the dividend to which he is so entitled and .such dividends shall be
lurid in such halncr as General Orders shall direct.
156. Proceedings for the mahuy up and auditing of the accounts
of the estate and the declaration and payheut of a dividend shall con-
tinue to be had until the whole of the estate is divided amongst the
creditors and a, dividend is declared to be final: provided that it shall
be
lawful for the majority in valve of the creditors present at any meeting
as aforesaid to postpone the period of declaring a dividend; or at any
time ill declaring a second dividend. to declare also that such second
dividend shall be final unless any action at Law or suit in equity be
dependinn, or any part of the estate be standing out not sold or disposed
of, or unless solve other estate or effects of the bankrupt shall
afterwards
COITIC: to the assignee, in which case he shall; as soon as may be,
convert
such estate and effects .into money, and within, two months after the
slime shall be so converted, the s;lhe shall also be divided 111 manner
aforesaid.
157, When a final dividend shall have peen paid the Creditors'
Assignee lnay apply to the Court for a certificate and if the Court .shall
grant such certificate it shall operate to release the Creditors' Assignee
from ell claims and demands of the creditors or of and- person. who might
have proved under the bankruptcy, subject nevertheless to such con-
ditions if any as shall be expressed 111 such certificate.
158. Every Creditors' Assignee shall, before he shall have obtained
his certificate, transmit to the Official Assignee, a list of unclaimed
div-
idends on the estate, and, of all debts rernainiua due; to the estate,
under
his hand, and shall pay all honeys and ether estate of the bankrupt
then in his hands into the Colonial Treasury to tile credit of the estate.
159. Where the Creditors' Assignee has obtained his certificate,
the.Oflici<~l Assignee shall, as to any estate and effects of the
'bankrupt
not realised at the date of such certificate, and as to all debts then
`ie=
wailing uncollected, aid which shall clot, have been sold in manner
herein provided, and as to any future acquired property of the bank--_
ORDINANCE 'No. t7>1864.
Bankruptcy mad Insoluen cy.
rwpt, if made liable to the creditors under the conditions of discharge,
represent the estate in all respects as tlae sole .assinnee thereof, and
shall
have and exercise all the rights, duties, powers and authorities,
conferred
by this Ordinance Ilpolt Official and Creditors' Assignees.
160. In all ,joint petitions for adjudication under «'111011 any partner
:ball have obtained his discharge, if a sufficient dividend shall have
been
paid upon the joint estate rind upon the separate estate of such partner,
lie shall be entitled to his allowance) alt)lou(Yll the other partner may
not.
be entitled to any allowance.
161. If the produce o£ the estate of any bankrupt shall be stnhcient
to pay in fall, and interest as Hereinafter mentioned, and to leave a
surplus, the Court may order such surplus to be paid to such bankrupt,
his executors, administrators or assigns; and every such bankrupt shall
be entitled to recover the remainder if any of the debts due to him; but
Such surplus shall not be paid until all the creditors who have prove(],
.shall pace received interest upon their debts, to be calculated and paid
at
the rate and in the order following viz. : all creditors wliosc-debts are
liy
law entitled to carry interest in the event o£ a surplus, shall first
receive
interest oil such debts at the rate of interest reserved or by la«=
payable
or provable thereon, to he calculated from the date of the filinn o£ the
petition for adjudication; and after such interest shall have been paid:
.all other creditors who leave proved shall receive interest on their debt
born the date of such petition at the rate of twelVe per centtinl per
:annum.
As to trust cTceclsfvr the benFfit r f Crediloae.
162. If any person shall execute any, conveyance or assi,,nrilent by
deed of all his estate and effects to a trustee or trustees for the
benefit of all
the creditors of such person, tll~, execution of such deed shall not be
deemed
an act of bankruptcy unless a petition for adjudication be filed within
three mouths fioin the eN-ccttion thereof, provided that the conditions
which are herein ordained to be observed with reward to every deed or
instrument made or entered into between a debtor and his creditors or
any o£ them ns trustee for the .rest or a trustee on their behalf,
have.been
obsert-ed in any such conveyance or assignment by deed.
After three
months con-
vcynnce of
:111 dcf>rp,'s'-
propcrty not
an act of
baukruptc.,v,
provided -
cert:lin
folmalities
are compliod
.,-i tit.
163.-I:vrery deed or instrument made or entered into between tt -nrt,g
zticd>' -
tu. lpe Yal;d-
~cfebtoi and =11is creditor°s or any of them, as trustees foe- the rest,
or a. ~;,-~ upo v
oil(! partner
111f1\- receive
nllluanc;e
;Iltlluu_h
other not
entitled.
IT produce, of
CBrarB iV11V 111
I' l a,la )Cave
Surplus. each
aurpiu. ;u be
paid tu,l,sulk-
1-:,pt after
i,:lylllellt of
iuY.c,v.St oil
what: condi-
tionc.
ORDINANCE No. 5 0F 1864.
Bankruptcy and Insolvency.
trustee on their behalf, relating to the debts or liabilities of the
debtor,
and his release therefrom, or the distribution, inspection, management,
and winding up o£ his estate, or any of such matters, shall be as valid
and effectual and bindinU on all the creditors o£ such debtor as if they
were parties to, and had duly executed the same, provided the following
conditions be observed; that is to say:-
1. If such deed provides for the conveyance of the estate of the
debtor other than and except such partial thereof as shall not exceed in.
value the sum of one hundred dollars:
2. If a majority in number, representing three-fourths in value, of'
the creditors of such debtor whose debts shall respectively amount to.
fifty dollars and upwards shall, before or after the execution thereof by
the debtor in writing assent to or approve of such deed or instrument:
e. If the trustee or trustees shall execute the same:
4. If the execution of such deed or instrument by the debtor shall
be attested by a barrister-at-law, an attorney, or a solicitor:
5. If within twenty-eight days from the day of the execution o#'
such deed or instrument by the debtor the same shall be produced and
left at the office of the Registrar for the purpose of befog registered:
G. If together with such deed or instrument there shall be delivered
into the said office an affidavit by the debtor or some person able to-
depose thereto, or a certificate by the trustee or trustees, that a
majority in
number, representing three-fourths in value of the creditors of the
debtor,
whose debts amount to fifty dollars or upwards have in writing assented
to or approved of such deed or instrument, and also stating the amount
in value of the property and credits of the debtor comprised in such deed.
7. Immediately on the execution thereof by the debtor, possession
of all the property comprised therein, of iyhich the debtor can give of
older possession shall be given to the trustees.
htacictilan. 164. The date, names and descriptions of the parties to every
such
of tlcotl to be '
entered br. deed or ln(1StTL1111ellt, not 1nCllldlllg the creditors,
together with a- short
statement of the nature and effect thereof, shall be entered by the Reg-
istrar in a boot: to be kept exclusively for the purposes of such
registration.
such entry ;hall be made; within forty-eight hours after the deed shall
QP.DIN.4NCL \o. .6 or 1964.
Banknryley and Insolreki/.
leave: been left at the office as aforesaid, and a copy of such entry
shall be
published in the Eong-kong Government Gazette as soon as reasonably
can be done after, but in no case later than ten days from, the tinge of
inakiug such entry.
165. Every deed, instrument, or arreealent whatsoever, Blade and
executed by which a debtor not beint, a bankrupt conveys or covenants
or agrees to convey his estate and effects except such portion thereof as
aforesaid for tire benefit of leis creditors, or makes any arrarigeinent
or
anreeinent with his creditors or ally person on their bclialf fur the dis-
tribution, inspection, conduct, nihnagement, or -%vindina up of. his
affltirs-
or estate, or the release . or dischahne of such debtor from his debts or
liabilities, shall, within twenty-eight days from and after the execution
thereof by such debtor or within such-further time as the Court shall
allow, be registered in the Court: and in default thereof shall not be
received in evidence.
166. Every such -deed on being so registered as aforesaid, shall
ll~rrrG~.r~,dr
have a memorandum thereof written on the face of such deed, stating the
j,I7i~trr'-
day and the .hour of the day at which the same was brought into the
office of the Registrar fbr registration.
167. From and after the registration of every such deed or instru-
ment. in manner aforesaid, the debtor and creditors, and trustees parties
to such deed, or who have assented thereto or are bound thereby, shall
in all matters relating to tile estate and effects of such debtor be
subject
to the jurisdiction of the Court, and shall respectively leave the
benefit of
and be liable to all the provisions of this Ordinance, in tire same or
like
manner as if the debtor had been adjudged bankrupt, and the creditors
had proved and the trustees had been appointed Creditors' Assignees
under such bankruptcy: and the-existliig or future trustees of any such
deed or instrument and the crc-litors under the same, shall as between
themselves respectively, and as between themselves and the debtor and
against third persons,, have tile same powers, right and remedies, with
respect to the debtor and his estate and effects, and the collection and
recovery of the same, as are possessed or may be used or exercised by
assiauess or creditors with respect to the bankrupt, or his acts, estate
and effects in bankruptcy: and, except where the deed shall expressly
provide otherwise, the Court shall determine all questions arising under
the deed according to the law and practice in bankruptcy so far as they
copy of e4t]T
to 1.e publish-
ed in the
Hongkong
GovertnnPnt
G azette.
noed io be
registered in
the Cuttrt and
in default
not to be
roeei.=ea in
evidence.
duriediction
of the-harzrt
and rig1W4 -
and liabilitios
of the Parties
:v£ter oegistra-
tion of decd.
Protection of
debtor after
notice of
rr,;intrtition,
&,c., of area.
SStay f pro-
ucedinga 9n
bankruptcy
tvCtar execu-
tion of deed
pending time
a)lowed foy
its reistrR
.lrravi.sinn .in
,vase debtor
ewinot obtain
,yclui6ite
uRhant of
areditar8.
ORDINANCE No. a' ©F 1864.
Bankruptcy and Insolvency.
may be applicable, and shall have power to make and enforce all such
orders as it would be authorized to do if the debtor in such deed had been
adjudged bankrupt and his estate were administered in bankruptcy-.
168. After the copy of the entry made by the Reistrar as aforesaid
a shall have been published in the Hongkong Government Gazette no
execution, or other process against the debtor's property in respect of
any
debt, and no process against his person in respect of any debt, other than
such process by writ or warrant as may be had against a debtor about to
depart out of the Colony shall be available to any creditor or claimant
without leave of the Court: and a certificate of the filing and
registration
of such deed under the hand of the; Registrar and the seal of the Court
shall be available to the debtor for all purposes as a protection in bank-
ruptcy.
169. In case any petition shall be presented for an adjudication
against a debtor after his elocution of such deed or instrument as is
hereinbefore described and pending the time' allowed for true registration
of such deed or instrument, all proceedings udder such petition may be
stayed if the Cool°t shall think fit: and in case such deed or instrument
shall be duly registered as aforesaid the petition shall be dismissed.
110. If a debtor cannot obtain the assent of a majority in number
representing three-fourths in value, of his creditors, by reason of his
being unable to ascertain by whom bills of exchalzo;e, promissory ,notes,
or other negotiable securities accepted, drawn; made, or endorsed by him
are holden, or by reason of the absence of creditors in a foreign country
or other similar circumstances, it shall be sufficient if he obtain the
consent of a noajority in number representing three-fourths in value of
all
his other creditors to such deed or instrument as aforesaid: Provided
that notice shall have been inserted by or on behalf of the debtor in one
or more newspapers published in the Corny or place at which he shall
have carried on business immediately prior to the date of' such deed oiv
instrument, requiring his creditors to sigiiify^ their asselit to
or.dissent
from such .deed or instrument by notice in writing addressed to the
trustee or trustees thereof within fourteen days from the insertion of
such
notice, ayd that the affidavit or certificate of the trustee or trustees
shall
state the circumstances of tile case, and the same shall be:allowed by the
Court, and if the deed or instrument be in such form' as is hereinbefol°e
provided which shall vest all the estate and effects of the debtor; in
tllc
ORDINANCE No. 5 OF '186=I:
Rankrupdey and Insolvency.
trustees of such deed, and provided that all such other conditions..as are
hereinbefore required be duly complied with.
As to misdcnacanors under this Ordinance.
X'71.. From and after the conlniencement of this Ordinance airy
bankrupt who shall do any of the acts or things following with intent to
defraud or defeat the rights of his creditors, shall be guilty of a misde-
nieaDor, and shall be liable at the discretion of the Court before which
lie shall be convicted to be imprisoned fir any period not exceeding
three years.
1. If lie. shall not upon the day limited for his surrender, and before
three of the clock of such day, or at: the hour and upon the day allowed
him for finishing his examination, after notice thereof' iii writing to be
served upon hint personally or left at his usual or last known place of
abode or business, and after the notice herein directed in the Ilonnkong
Government Gazette surrender himself to the Court (having no lawful
iinpediment'allowed by the Court) and sign and subscribe such surrender,
and submit to be examined before such Court from time to time:
2. If lie shall not upon his examination fully and truly discover, to
the best of his knowledge and belief all his property, real and personal,
inclusive of his rinlits and credits, and how and to whom, and for what
consideration, and when lie disposed of, assigned, or transferred any part
thereof, except such part as has been really and bond fide before sold or
disposed of in the way of his trade or business, if any, or laid out in
the
ordinary expense of his family, or shall not deliver up to the Court or
dispose as the-Court directs of all such part thereof as is in his
possession,
custody, or power, except the necessary wearing apparel of himself, his
wife, and children; and deliver up to the` Court all books, papers and
writings in his possession, custody or power relating to his property or
affairs:
3. If he shall after any act of bankruptcy upon which adjudication
lags been granted, with intent to defraud his creditors, remove, conceal
or
embezzle any part of his property to the value of fifty dollars or
upwards;
4. If in case of any person having to his knowledge or belief proved
a false debt under his bankruptcy, he shall fail to disclose the same to
vis -assignees within, one: month after coming to the knowledae or beiiei
thereof:
Pollattv Lill persoa~ guilty.
af ill is-
demelnc~r
1,11180
-evidence.,
ORDINAN'CE No. .S of 1864.
Bankruptcy and Insolzeney.
5. .If he shall, with i;ntcnt to .defraud, wilfully and fraudulently omit
from his schedule any effects or property whatsoever:
G. If lie shall, after the filing of the petition for adjudication, with
intent to conceal tie state of his affairs, or to defeat the object of
the law
of bankruptcy conceal, prevent, or withhold the production of any book,
deed, paper or writings relating to his property, dealings or affairs:
7. If he shall, after the filing of the petition for adjudication, or
within three months next before adjudication, with intent to conceal the
state of his affairs, or to prevent the fair distribution of his property
amon ; his creditors, part with, conceal, destroy, alter, mutilate, or
falsify,
or cause to be concealed, destro3,ed, altered, mutilated, or falsified,
any
book, paper, writing, or security, or document relating to his property,
trade dealings, or affairs or make or be privy to the snaking of any false
or fraudulent entry or statement in or omission from any book, paper,
document or writing, relating thereto:
8. If within the like time lie shall, linowlng that he .is at the time
unable to meet his engagements, fraudulently and with intent to diminish
the sum to be divided amongst his creditors, have made away with,
mortgaged, encumbered, or charred any part of his property, of what
kind soever, or if after adjudication l e shall conceal from the Court or
his assignee any debt due to or from him:
9. If lie shall, with intent to defraud his creditors, within three
months riezt before the filing of the petition for adjudication, pawn,
pledge or dispose of, otherwise than by bond fide transactions in the
ordinary way of his trade, or of his (roods or chattels which have been
obtained on credit and remain unpaid for:
10. If he shall, with. intent to defraud his creditors, after the filing
of any petition for adjudication by or apiinst him, pay money to any
creditor in satisfaction or security for his debt or for any part
thereof;:
whereby such creditor may receive snore in- the- pound in respect of his
debt than the other creditors. .
172. Any person who shall upon ally examination upon oath or
affirmation, or in any affidavit or deposition under this Ordinance,
wilfully
and c-cr ruptlygive false evidence, or wilfully and corruptly swear or
affirm
anything which shall, be false, being convicted thereof shall be liable to
the penalties of wilful and corrupt perjury..
ORDINANCE \ o. 5 of 1 864.
Bankruptcy and rnsolroeney.
1'73. If any person shall refuse to be sworn, or -shall refuse to
-answer any lawful question put by the Court, or shall not fully answer
any such question to the satisfaction of the Court, or shall refuse to
sign.
.znd subscribe his examination when reduced into writing (not having
any lawful objection allowed by the Court) or shall not produce any
books, papers, deeds and writings, or other doeunleuts in his custody or
power, relating to any of the matters under inquiry, which such person is
required by the Court to produce, and to the production of which lie
.shall not state any objection, allowed by the Court, it shall be lawful
for
the Court by warrant ,to commit such person to prison, there to remain
without bail until lie shall submit himself to the Court to be sworn, anti
full answers make to the satisfaction of the Court, to till such lawful.
questions as shall be put by the Court, and sign and subscribe such
cxa.mination, and produce such books, papers, deeds, writings and alter
documents in his custody or power, to the production of which no such
objection as aforesaid has been allowed.
174. If any aSsianee shall retain in his hands for more than
one week or employ for his own benefit, or knowinly l:>ermit any
co-assignee so to retain or employ any sum to tee amount of more than
three hundred dollars, part of the estate of any bankrupt, or shall ne
glee(
to invest any money when directed by the Court, every such assignee shall
be liable to be charged in pie account with such sum as shall be equal to
interest at the rate of twenty-five per centuzn per annum on all such
moneys for the time during which he shall have so retained or employed
the same or permitted the same to he so retained or employed, or during
which lie shall so have neglected to invest the salve: and the Court is
hereby required to charge every such assignee in leis account accordingly.
175. If any petitioninD creditor shall, after adjudication, receive any
money, satisfaction or security,,for his debt or any part thereof, whereby
such petitioning creditor may receive mare in the pound in respect of his
vebts than the other cz°e&torl, such petitioning creditor shall forfeit
his
whole debt, and shall also repay or deliver up such money, satisfaction
or security, or the full value thereof to the assinnee or assignees, of
such
bankrupt for the benefit of the creditors of the bankrupt.
176. Any person who shall -wilfully conceal any real or personal
coeetllinQt
I>;mkrnpfs
estate of the bankrupt and who shall not within forty-two days after the
~ff. t:e ts. -
filing of the petition for adjudication, discover such estate to the
Courtor
:\ny person
reftlsinb to be
swum or
refusing to
answer or vain
fully answer-
ingorrrfti.,;iag
to sign -
examination
or to produce
hooks, Cc,
May be
uutnmittcd.
Assignee
,liaol>oyi7tg
tlirectiun tet
pay Orin vent
lllOtley, ilt'lll
tr it,
or pCl.'1nlttlllgr
CU-ttBS1gRVe 20
retain or
CIY71x1Uy-it to
1)c elta,:d
with 23 per-
ccnt.
1'clit.ioning
creditor
tcnnpouuditag
with debtor
nrtel
adjudication.
ORDINANCE NO. 5 of 1864.
Bankruptcy and Insolveney.
to the assignees, shall forfeit the sum of five hundred dollars, and
double
Allowance t° the value of the estate so concealed: and any person who
shall after such
hel -Sons ,
making time voluntarily- discover to the Court or to the assignees any
part of
discovery. ,
rw~ such bankrupts estate not before come to the knowledge of the
assignees; -
n'- '_ shall be allowed five per centuin thereupon, and such further
reward as- -
,¢ the assignees with the consent of the Court shall think fit; to be paid
out:
'- ; of the estate recovered on such discovery.
iT~s°r ti,~g 17?. Any person who shall insert or cause to b~: inserted in
the
:r11-citis°- .
Inents Hongkong Government Gazette or in any newspaper any advertisement
wit-bout
-<< .
autvrity. under this Ordinance, without authority or knowing the same to
be false
~; : _ in any material particular, shall. be guilty of a misdemeanor, and
upon
- conviction shall be liable to be imprisoned for any term not exceeding
two
i: = years.
=' : lvt°neyforr°it- 1'78. All sums of money forfeited under this Ordinance
may be sued
ed-under thin
_ t)rdinnn°e, for by the Creditors' Asai-nee or such other person as the
Court shall by
` .ilf1'1V to 1)e -
tn°d for, order direct. And the money so recovered (the charges of suit
being
Anti l,ow.
v applied.
- deducted) shall be ])aid over in such manner as the Court shall by
General.
Order direct.
<',F . ,: = As to Arotices and Advertisements.
zVhntnoti°° 1'79. All notices by this Ordinance or by General Order
requiredF
tost° y°'t by to be served on any person shall be sent by post addressed
to the last
known place of business of abode of such person, subject to such
regulations as to registration and otherwise as such General Orders shall
i
I'lrovi,o.''- `-. , direct, provided that this present section shall not
apply to or affect notices-
y'.. -
i-
by this Ordinance or by any General Order required to be personally
served.
As to .&idence.
ty~.,tat~ns:nrz 180. Any petition for adjudication, or arrangement,
adjudication of -.
r w~tUV~ . . ~-,
pruccedings bankruptcy, assignment, a,pl)ointinent of Offl'cial or
Credlt4s' ASSi,n~e, a-
inb ank- -
rul>tey, mid certificate, deposition, or other proceedinn or'order in
bankruptcyT, or-
Copies
purporting to under any of the provisions of this Ordinance, appearing to
be sealed with
be °tu°a'`°iti' the seal of the Court under this Ordinance or any writing
purportino, to-
the s°al of I a a
tt'e court be a copy of any such document and purporting to be so sealed
shall at
admissible in a
evidence. - all times, .and on behalf of all persons, aid whether for the
purposes of
this Ordinance or otherwise, be admitted in all Courts whatever as ev-
idence of such docurrients respectively, and of such proceedings and
orders-
U~RDINAV CL \ o. S' oF 1864.
Bankruptcy and Insolvency.
Having respectively tal:en-place or been made, and be deemed respectively
records of such Court, without any Further proof thereof; and no such
copy shall be receivable in evidence unless the same appear to be so
sealed,
except where otherwise in this Ordinance specially= provided: Provided
that any document, petition or proceedings in any adjudication of insol-
vency filed or taken and entered of record under Ordinance No. 3 of 1846
purporting to have been sealed before the commencement of this Ordi-
nance or purporting to have been sinned by the person duly authoriecl to
sign the same, and copies of the same, slt,lll be received in all Courts
whatever as evidence of such petition, <loeunlent, or proceedings, and of
such proceedings having taken place and entered of record.
181. The proper officer of the Court shall, on the reasonable request
of guy bankrupt or arrannindebtor, or of guy creditor of such bankrupt
having proved his debt, or of an arratnainc; debtor, when the debt of the
arrannino, creditor has been admitted in the petition or proved, or on the
request of the attorney of guy such bankrupt, debtor or creditor,
llroducc;
and show to such bankrupt, debtors or creditors at such tune as the Court
;;hall direct, every petition for adjudication of bankruptcy,
adjudication of
bankruptcy, and petition for arrangement against or by such bankrupt,
and all orders and proceedings under any such petition or adjudication,
and the Court shall order the Official Assignee or officer of the Court,
as
the case may be, to permit such bankrupt, debtor or creditor to have
inspection, at all rerlsonable tunes, of all books, papers 'and writing
relating to th ematters oof such petition or ad,judi cat i.o n,andt the
estate o
f
bankrupt or debtor in the possession of the assignees or filed in Court in
such matter and permit bun to inspect and examine the same; and such
Official Assignee, or such officer shall provide for any such bankrupt,
debtor, creditor or attorney, requiring the carne an office copy of such
petition or other proceeding, books, papers and writings as aforesaid, or
of
such part thereof as shall be required, receiving such fee or sum,or rate
~F el<arge as may be author is24 in that behalf.
182; Jf the bankrupt shall not if he were within the Colony at the
date of the adjudication within two calendar months after the
advertisement
of tile bankruptcy in the Honakong Government Gazette, or if he were
elsewhere at the date of such adjudication within twelve months after such
advertisement, hav e . commenced an action, suit or other proceeding to,
dispute or annul the lretition.for adjudication, and shall not bav a
prosecuted
officer of
Colart to
Produce
trpocearngs
and give
evidence
thereof.
r e t,~,.ak~;ra
do not dispute
the pet;trou
the Gazette,w
to be
concz,tnlve
;=-
evsaci;ee-or-=~,.
bankruptey
tr,W i,kraht
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
the same with due diligence and with effect, the Gazette containing such
advertisement shall be conclusive evidence in all cases as against such
bankrupt, and in all actions at Law or suits in Equity bronbht by the,
assignees for any debt or demand for which such bankrupt might leave
sustained any action or suit had lie not been adjudged bankrupt, that
such person so adjudged bankrupt became a bankrupt before the date and
filing of the petition for adjudication, and that such petition was filed
on.
the day on which the same is stated in the Gazette to bear date.
183. A copy of the Honingkong Government Gazette and of any
newspaper containing any such advertisemeilt as is by this Ordinance
directed or authorised to be made therein respectively, shall be evidence
of any matter therein contained, and of which notice is by this Ordinance
directed or authorised to be given by such advertisement.
184. In the event of the death of any witness deposing to the peti-
tioning creditors debt, or act of bankruptcy, or under any petition for
arrangement, the deposition of any such deceased witness, purporting to
be sealed with the seal of the Court, or a copy thereof purporting to be
so
sealed, shall in all cases be received as evidence of tile matters therein
respectively contained.
185. All persons competent and compellable to give evidence in any
Court'of Law in the Colony shall be competent and compellable to give
evidence in any matter or proceeding arising under this Ordinance.
186. All Courts, Judges, Justices, and persons judicially acting
and other officers, shall take judicial notice of tile signature of any
Judge,
assignee or other officer of the Court, 'and of the seal of the Court,
sub=
scribed or attached to any judicial or official proceeding or document to
be made or signed under the provisions.of this.Ordinance.
18'x. If any person shall forge the signature of any Judge or of the
Official Assignee, or other officer of the Court, or shall forge or
counterfeiW`
the seal of the Courts, or knowingly concur in^using any such fbrged or
counterfeit signature or seal, for the purpose of authenticating any,
proceed-
ing or document, or shall tender ill evidence any such proceeding or
documen~with a false or counterfeit signature of any such Judge, Official-
Assibnee, or other officer, or afalse or counterfeit seal of the Court,-
subscribed or attached thereto, knowing such sio'nature or seal to be
false
Or counterfdt, every such person shall be guilty of felony, and shall be-
,'111(l agvnst
persons whom
the bankrupt
might have
rued had he
not been
ay ttaged
bankrupt.
Advertise-
ment whW
evidence.
Oil heath of
IV! ttieHS office
deposition or
Copy thereof
to tae evidence.
.ivdicial
notice to be
;taken of
yi~natnre of
Judgeorotkler
~i)'lcer and
sear of Court.
Persons coin -
peYeilt to give
evidence.
Forging
Signature of
Juctgeorother
officer or the
real of the
Court, Re.,
:f,etony.
ORDINANCE No. 5 of I864.
bankruptcy and hasof2;tl'.cy.
liable to be indicted and on conviction to be imprisoned and kept to hard
labour for any tire not exceedin0 g two years.
188. r1 copy of any petition filed in any Court having jurisdiction
for the relief of insolvent debtors, or in bankruptcy, in any of Her
1lnjesty's
Dominions, Colonies or Dependencies, and of any vesting, order, schedule,
order of adjudication o: other proceedings, purporting to be signed by the
officer in whose custody the same shall be or his deputy, certifying the,
saine to be a true copy of such petition, vesting order, schedule, order
of
adjudication, -or other order or .proceedings, and appearing to be sealed
with the seal of such Court, shall at all times be admitted under tLi
Ordinance as sufficient evidence of the same, and of such proceedings
respectively having takers place, without any other proof whatever given
of the same. r
9s to flffidavitp, Declarations, and Affirmttfi.nu.,s~.
1$9. Any affidavit., declaration or afiirmatiou required to be sworn or
u7ade in
relation to any matter under this Ordinance may be lawfully sworn--
Before the Court or befaro any officer appointed by the Court for that
purpose,
or before a Magistrate:
In any colony, island, plantation, or place under the dominion of Her
Majesty,
before any Court, Judge, or person lawfully authorised to tale and
receive affida-
vits, declarations, or affirmations
In any foreign parts out of HerMajesty's dominions, beforeaJudgo or Magis-
trite, his signature being authenticated by the official seal of the
Court to which
lie is attached, or by a public notary, or before a British Minister,
Consul or
Vice-Consul
Evidence w,,
to utsolrcutw._
nmauaa.,
tloclarn4iuux. 3;e.,.
bcPot`e whntu to
Tlf 'worn.
And every such Court, Jude, officer, or other person is hereby
authorised and judiew tiru.,t°
- . peal or ai;tnatum
required to administer the oath upon any such affidavit or to take such
affirmation or thereto.
declaration; and ail Courts, Judges, Justices, officers and persons
acting judicially shall
take judicial notice of the seal or signature (as the ease may be) of any
such Court,
'Judge, officer or other person, axtactLed, appended, or subscribed to
any such affidavit
or declaration, or tQ any other document to be used for the purposes of
this Ordinance.
[Repealed by Ordinance No. 9 of 1864 and new section substituted.]
190. Any 'affidavit of any prisoner in Honnlionb, to be used in any
Asra~vsr~ vy
matter under this Ordinance may be sworn before the gaoler of such
prison, t'1`ison°`s. .
and every such gaoler is hereby required and authorised to administer the
oath upon any such affidavit without fee or reward.
:c~o«rt ,may
grant searcli
4v,
rr;~nt.
Authority t0
''-'C,'UUut may
,-,our and
~e~'tunine ,
~bankrnpt and,
n, rant's
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
As to Costs.
[Section and heading before section 191 (19N) inserted by Ordinance
No. 9 of 1864 and reniainilaq sections re-numbered as in brackets.]
191. (19`>. ) In all cases where it shall be made to appear to the
satisfaction of the Court that there is reason to suspect and believe that
any property of any bankrupt is concealed in any house or other place not
belonging to such bankrupt, the Court may grant a search warrant to any
person appointed by the Court, and it shall be lawful for such person and
his assistants to execute such warrant ;iccordin.; to the tenor thereof:
and
such person shall be entitled to the same protection as is allowed by 1aR
in execution of a search warrant for property reputed to be stolen or
concealed.
192. (I93.) Any person appointed by the Court and his assistants,
acting under warrant of the Court may break open any house, chamber,
shop, warehouse, door, trunk or chest of the bankrupt where such bank-
rupt or any of his property is reputed to be and sere upon the body or
property of such bankrupt: and if the bankrupt be in prison or in custody
it shall be lawful for such person and his assistants to seize any
property
of the bankrupt (necessary wearing apparel only excepted) in the custody
or possession of such bankrupt or of any other person in any prison or
place where such bankrupt is in custody.
193. (194.) Tile Court may summon any bankrupt or bankrupt's
wife before it, whether the bankrupt shall have obtained his discharge or
not, and in case he or she shall not come at the appointed time, the Court
may, upon proof of the service of such summons, if it shall see fit,
direct
by warrant any person the Court shall see fit, to arrest such bankrupt or
bankrupt's wife, and bring him or her begore the Court; =a.nd the Court
may examine such bankrupt or bankrupt's. wife either by word of mouth,
of by interrogatories in writing, touching al?' matters relating to the
dealings or estate of such bankrupt, or which may tend-to disclose any
secret grant, conveyance, or concealment of his lauds, tenements, goods,
money or.,~debts, and the Court may reduce such examination or exarriina-
tions into writing and the bankrupt or bankrupt's wife or both as the case
play be, shall sign and subscribe such examination or examinations
respectively.
ORDI\TA\CE \o. En of 1864.
Bankruptcy and-Insolvent,>/.
194. (195.) If in any case it shall be proved to the satisfaction of
tile Court, that any bankrupt i5 keeping out of the z-vay and cannot be
personally served with a summons, and that due pains have been taken. to
effect such personal service, or that there is probable cause for
believing
that he is about to quit the Colony or t:z remove or conceal any of his
hoods or chattels unless he be. forthwith apprehended, the Court rnay, by
warrant, authorise and direct any person or persons it shall think fit, to
apprehend and arrest such bankrupt, and grin; hirn before the Court to
be examined in like rnanner as is lie appeared upon a summons.
195. (196.) After adjudication the Court may summon before it
any person known or suspected to have any of the estate of the bankrupt
irk his possession or is supposed to be indebted to the bankrupt or any
person the Court may believe capable of giving information concerning
the persoi), trade, dealings or estate of the bankrupt or concerning any
act
of bankruptcy committed by him, or any information material to the full
disclosure of his dealings: and the Court may require such. person to
produce any books, papers, deeds, writings or other documents in his
custody or power which may appear to the Court necessary to the verifi-
cation of the deposition of such person, or to the full disclosure of any
of
the matters which the Court is authorised to enquire into: and if such
person so summoned as aforesaid shall not cone before the Court at the
tune appointed, having no lawful impediment, (Hiade known to the Court
at the time of its sitting and allowed b~y it,) the Court may by warrant
authorise and direct the person or persons therein named for that purpose
to apprehend and arrest such person and bring him before the Court for
examination.
196. (197.) Where it shall be shown by affidavit to the satisfaction
of the Court that any person to, whom any such summons is directed as
rl-foresaid is kZeping out of the way and cannot be personally served
there-
with, and that due pains Rave been taken to effect such personal service,
the Court may ~order by endorsement upon the summons, that the delivery
of a copy of such summons to the wife or servant or some adult inmate of
the house or family of the person, at his usual or last known place of
abode or business, and explaining the purport thereof to such wife,
servant
or inmate, shall be equivalent to personal service, and in every such case
the service of such summons in pursuance of such order shall be, and be
It bankrupt.
ho keeping
out of the
'y or >a4
about to clnih
the Colony,
Court may
issue wsrr'rrt,t:..
cUttrt
empowered to
snmtrton
persons sus-
peeted of
hilt'Itly kY971l-
-
.,.tlhl', pro-
perty,
gel-vivo of
summons
whore peraua
keeps out of
the w;ty.
'~640
ORDINANCE No. 5 OF 1864.
-BankrtrptrJ and Insolvency.
deemed and taken to be of the same force and effect to all intents and
purposes as if the party to whom such summons was directed had lree,it
personally served therewith.
Poa=cr to 19'x, (198.) Upon the appearance of any person summoned or
-examine
persons bum- brought before the Court upon any warrant as aforesaid, or if
any person
ironed or
lrrcsentatftny be present at any sitting of the Court, the Court clay
examine every spell.
.S'tt''g' person upon oath either by word of mouth or by intewrowatories
in writinw
concerning the person, trade, dealings or estate of any bankrupt, or
concerning any act or acts of bankruptcy by any bankrupt committed:
and to reduce into writing .the answers of every such person, and such
answers so reduced into writin`; such person examined is hereby required
to sign and subscribe.
No ;tdjudica- 198. (199.) No petition far adjudication shall be dismissed
nor any
t; on, Rc., to ho
sondismissed by adjudication reversed or annulled lay reason only, that
tlw petition or
Wreitson only
,o~.~o;;cFx~t, adjudication, or act of bankruptcy has been concerted or
agreed upon
between the bankrupt his solicitor or went, or any of tllern and any
creditor
or other person.
Agek reccio- 199. (200.) 1f any accredited agent of any body corporate or
public
ir,g notice of
net of': bank- company shall have had notice of any act of bankruptcy,
such body
n'pt°y. corporate or company shall be deemed to have had such notice.
Goods, &c., or 200. (201.) Whenever the hoods and chattels of a debtor arc
sold
n debtor to he
8olrz by under an execution, upon any ,j udgment, recovered in any action
brought
for the recovery of a debt, or money demand, or damages against any
debtor exceeilinr three hundred dollars, such hoods and chattels shat-1 in
all cases, unless the Court shall otherwise direct; be sold by the
sheriff by
public auction, and not by bill of sale, or private contract, and such
sale
shall be publicly advertised by the sheriff on and during three days next
preceding the sale: and no sheriff shall incur any liability uy reason of
anything done by him under this Ordiuancp.
Cat~t nay 201. (202.) If any bankrupt shall die after adjudication, the
Court
proceed not-
withstanding nay proceed in the bankruptcy as if any such bankrupt were
living.
death of han>j-
rapt. ~,
ORDINANCE No. 5 op. 1864.
Bankruptcy and Insole-encJ.
GENERAL ORDERS OF THE 15TH AUGUST 1864.
Repeal of Previous Orders.
Any orders of the Supreme Court relating to matters of insolvency shall be
rescinded and the following shall be the General Orders in force, in the
Supremc Court
eXel'CISlna jurisdiction in l:anlcruptcy.
Sittiny of the Court,.
`1 'he place of sitting of the Supreme Court oxeroit'iiln jurisdiction in
barllmrptey
shall be the place at which the Supreme Court now holds, or may hereafter
hold, its
sittitigs for the general business of the said Court.'
1 0
The times of the sitting of the Supreme Court esea'ciSin(1 ,jurisdiction
in lrl.illc-
ruptcy shall be those appointed for the transaction of the general civil
business of the
Court unless the Chief Justice shall otherwise order, and shall appoint
a, special da,v
for the sitting of the said Court, exercising jurisdiction ill bankruptcy.
Officers of Court
The officers of the Court shall perform the swine duties and exercise the
same
powers as were heretofore performed and exercised by them respectively as
officers of
the Supreme Court exercising jurisdiction in insolvency, unless the
performance or
exercise of such duties or powers may be inconsistent with the provisions
of 'The
Bankruptcy Ordinance, 1864,' or with these Orders, or unless the Court
should, in any
-case, otherwise direct or allow.
Proceedbi.gs.
The scveril forms, specified in the schedule to these Orders annexed, for
the several
purposes: therein stated, sball be Qbserved and used with such
alterations as ma
11 y I:o
necessary to meet the circumstances of any particular case.
All proceedings shall be sealed with the seal of the Court and
relnain,of record in
the Court, so as to form a complete record of each bankruptcy, and they
shall not be
removed for any purpose except for the use of the oflieers of the Court
or-by special
direction of the Chief Justice or Registrar.
ORDINANCE No. 5 or, 186.
Bankruptcy and Insolvency.
All o(jicc copies of petitions, proceedings, boobs, papers and writings,
or any parts
thereof, provided for any bankrupt, or far any debtor or creditor of a
bankrupt, or-
.a
.ttorney of arty such bankrupt, debtor or creditor shall be charged and
paid for at the
rate of fifteen cents per folio of seventy-two words, and such copies
shall be made forth-
with after application for the same.
In lieu of attaching a copy of the Aongkong Government Gazette to the
proceed
ings in each bankruptcy or other matter, the Registrar shall make a
memorandum of
the advertisement i.n the Hongkong Government Gazette and of the date
thereof with
proper reference to the file to facilitate search; and one copy of every
Hongkong Gov-
ernment Gazette and of oath newspaper in which any notice in guy matter
of bank-
ruptcy is inserted, shall be delivered to the Registrar who shall file
the same.
No affidavit shall be filed unless it is properly iutituled in the Court
and matter it>L
which the sarno is to be used; and after an affidavit is left with the
Registrar to be.
filed, it is not to bo delivered to any person whatever, except by order
of the Court.
As to Petitions, &c. -
A petition for adjudication of bankruptcy may either be written or
printed.
Upon every petition the Registrar or Deputy Registrar or, in the absence
of botL
of these officers, the clerk of the Court shall note the precise time of
the filing of such:
petition.
Before adjudication of bankruptcy upon any pout'on the petitioner shall
state on,
oath, by affidavit, that the several allegations in the petition are truer
No adjudication shall be mach on the petition of a debtor for
adjudication of
bankruptcy against himself in the absence of the petitioner, unless the
petitioner is in
custody or his attendance be dispensed with by special Order of the Court.
QRDINANCE No. 5 of 1364.
Ban)auplef ahd lasolvency.
The memorandum required to be indorsed on a petition for adjudication of
bank.
rnptcy, before any adjudication shall be made under section 10 of 'The
BankrulAco
Ordinance, 1864,' shall be in the form specified in the schedule 3 to
these Orders
.annexed.
After adjudication, the CouTtsballwithoutany application by the
bankruptappoint
A sitting for the bankrupt to surrender and conform. Such sitting to be
also a public
meeting of creditors for such proceedings as nay be taken under section
67 of 'The
Bankruptcy Ordinance, 1864,' and such adjudication and meeting shall be
advertiNed
in the Hougkong Government Gazette and one local newspaper within ten
days alter
the date of adjudication. The adjudication must be dated of the day on
which it is
made.
The party presenting the petition shall provide and fill up two forms of
adjudicti-
tion, one to be delivered to the bankrupt, the other to be filed in Court.
In the adjudication to be made upon a petition the Court shall grant the
bankrupt
protection from arrest; and shall indorse thereon a notice to the
bankrupt of the time
and place of holding the sitting at which he is to surrender and conform
as aforesaid;
:and the Registrar shall deliver to the bankrupt a duplicate of the
adjudication, and
shall make on the adjudication to be filed a note that lie has so
delivered the duplicate
of the adjudication to the bankrupt. Where the petitioner is not present
the duplicate
of the adjudication must be personally served on the bankrupt, unless the
Court shall.
in any particular case dispense with such service.
As to Judgment Debtor Summoxa.
Every creditor applying fO'i a judgment debtor summons shall file an
affidavit of
--debt, and such affidavit shall be-in the form specified in the schedule
8 to these Orders
=annexed.
Every judgment debtor summons shall be in the form specified in the
schedule 9
to these Orders annexed.
64 4
ORDINANCE No. 5 or 1864.
Bankruptcy arid Insolvency.
Every such summons shall be indorsed with a notice in the forth specified
in the,
schedule 10 to these Orders annexed.
Every such summons is to bi-, served personally unless the Court shall,
in any else,-
direct that service in some other manner shall be deemed good service.
Every such summons shall he served four days at least before the time for
appear-
ance therein mentioned and within two mouths froth the elate thereof,
including the clay
of such date and not afterwards.
Letter of Attorney.
XXIII.
Every creditor may, 1>y letter of attorney which may be in the form set
forth in.
sclte lulu 11 to these Orders annexed, authorise the Official Assignee or
any other person
to represent hi_n at any meeting of the creditors and to vote for him on
any question
submitted to the creditors at such meeting or any adjournment thereof and
also in the
choice of the Creditors' Assignee.
As to Trust Deeds for benefit of Creditors.
In order to facilitate the making of entries under section 164, the party
producing
such deed or his attorney shall deliver to the Registrar a memorandum in
the form
specified in the schedule 12 to these Orders annexed, or as near thereto
as may be, and
such memorandum. shall be signed by the party producing such deed or by
his attorney
The affidavit required by section 163, paragraph 6, may be in the form
specified
in schedule 13 to these Orders annexed.
The certificate required by section 163, paragraph J6, may he in the form
specified
in schedule 14 to these Orders annexed.
The memorandum of registration required by section 166, to be, written on
the face
of every deed or instrument, on being registered, shall be in the forth
specified is
schedule 15 to these Orders annexed.
ORDINANCE No. 5 of 1864.
Bankruptcf and hacolue~r,/.
The certificate of the registration of the deed under section 168 as a
protection in
bankruptcy shall be in the form specified in schedule 16 to these Orders
annexed.
As to Order of Disclcccrge.
XXIX.
The order of discharge as provided for by section 150 shall be in the
form specified
in, the schedule 7 to these Orders annexed or as near thereto as may be.
As to Fees.
The fees payable, and the charges and costs to be allowed, shall be those
lieretoforo
allowed in matters of insolvency, so far as the same can be made
applicable to the
business required to be transacted under ' The Bankruptcy Ordinance,
1864; ' ~ if how-
ever it be necessary for the Registrar in any case to allow fees of a
different description,
he shall use as his guide in the amount the fees heretofore allowed in
matters of
insolvency.
As to payment of Dividend.
The dividend to which any creditor is 'entitled shall be paid to him in a
manner
sinuilar to that which has hitherto been in use in matters of insolvency.
As to disposal of Monies by Creditors' Assignee.
All movies not necessarily retained shall be deposited by the
(',t:editors' Assignee
in one of the banks of Hongkong, such bank, prior to such deposit, being
in each case
mentioned to, and approved of by, the Chief Justice.
Definition of Toms.
XXXIIT.
All words and expressions used in these Orders shall be construed in
conformity
with the interpretation clause (section 9) of 'The Bankruptcy Ordinance,
1864.'
Short Title.
These Orders may be cited for all purposes as 'The Bankruptcy Orders
1864.'
Sees. oo and 40.
aw;. ai tvd 40.
ORDINANCE No. 5 of 186.
Bankruptcy and Insolvency.
SCHEDULE 1.
11 The Bankruptcy Ordinance, L864.'
Petition of a Creditor for Adjudication in Bankruptcy.
TO THE SUPREME COVRT,
IN BANKRUPTCY.
The humble petition of there insert at full length the name, address arid
description
of the petitioner] sheweth,
That there insert at full length the name, address and description of the
person against,
,whom the petition for adjudication is made] is indebted to your
petitioner in the sum of
three hundred dollars [if two petitiorters four hundred dollars and if
three or more five
hundred dollars] and that your petitioner has been informed and believes
that, the
said
did lately commit an act of bankruptcy within the true intent
and meaning of 'The Bankruptcy Ordinance 1864.'
Your petitioner therefore humbly, prays that on proof of the requisites
in that
be>ialf adjudication of bankruptcy may be made against the said
And your petitioner will ever pray, &c.
Signed A. B.
Signed by the petitioner on the
in the presence of
of the said petition.
day of
186
Solicitor in the matter,
N.13.-If the petition be by,partner°s, alter the form accordingly arid
let it be signed by
one on behalf of himself and partners.
SCHEDULL4., 2.
Affidavit of Truth of Allegation in 'Petition.
I the petitioner named in the petition hereunto annexed
make oath and say that the several allegations in the said petition are
true.
Sword., &c., at this
186 .
Before me.
day of
ORDINANCE- No. v op 186.
Bankruptcy and Insolvency.
SCRl;DT1LE 3.
11L'ernorandum required to be iradorsed on a Petition far Atyrvdacatiora
of BcsmkraTtcy.
Take notice
Within is a copy of a petition for adjudication of bankruptcy verified by
the oath of
the petitioner and under the seal of the Supreme Court, in bankruptcy,
filed in the
said Court against you the within named
The Court has ordered that you do appear on this petition at or before the
expiration of days after the day of service thereof.
The petition will be heard at the Court on the day of
at which time and place you are to appear by yourself or your solicitor
on such petition..
Dated the day of
(Seal of the Court,)
SCHEDULE 4.
.Soticitvr in the mattes of the ivithin petition.
Petition for Adjudication by a Debtor agurvast laimeelj:
TO SHE SUPREME COURT,
IN BANKRUPTCY.
The humble petition of [here insert at full length the vame, address and
description
of the petitioner] aheweth,
That your petitioner being unable to meet his engagements with his
creditors
doth pray that lie may be adjudged a bankrupt.
And your petitioner will over pray, &c.
Signed by the petitioner on the day of
in the presence of
Solicitor it the matter of the petition.
SCHEDULE
Notice by a Debtor in Custody oi his intention to present a Petition for
Adjudication of 5e,, as
Bankruptcy against himself.
Take-notice that I intend to petition the Supreme Court in bankruptcy fur
adjudication of bankruptcy against myself.
Dates thin day of
A. B
To the Superintendent or :Keeper of the Gaol.
ORDINANCE ho: 5 of 1864.
Bankrupted and Insolvency.
SCHEDULE 6.
Adjudication in Bankruptcy.
IN TtrE SUPREME COURT,
IN BANKRUPTCY.
The'lbm may
'ereadily allerecd
to meel all cases
ql' adurfcali,Ht.]
In the Matter of A. B.
Upon reading the petition of the above named A. B., praying [as in
petition] and
also his affidavit stating that the several allegations in the said
petition are true, I do
adjudge the said A. B. a bankrupt and ! do hereby grant the said bankrupt
protection
from arrest from any claim debt or demand now due from, or owing by him,
until
'the
held at
at of the clock in the
day o£
and I do appoint a sitting to be
day of 186
noon precisely, at which sitting the bank-
rupt is required to surrender and conform and which sitting I appoint
also to be :6
public meeting of creditors of the bankrupt for such proceedings as may
be token
under 'The Bankruptcy Ordinance 1864.'
Given under my hand and the seal of this Court this day of
186
Chief Justice.
-Endorsement on Adjudication to be filed in Court.
On the day on which this adjudication was made, I, C. D., the Registrar
of this
Court delivered to the bankrupt a duplicate of the adjudication.
Note.--B very time the protection is renewed these words should be added
at the bottom
o/', or endorsed on the dxylicate, adjudication, and on the adjudication
to be filed in Court.
I hereby give further protection to the bankrupt until the day of
Dated this day of 186
Chief Justice.
.l.'ndorse-rnerzt to be -irzade on Adjudication at ti ne of Adjudication.
Take notice that you A. B. are required to attend personally at
on the day of 186 , at
the noon precisely there and then to surrender and conform.
Dated this day o£ 186
Registrar.
of the clock in
ORDINANCE No. 'a or 1864.
I3ctnkizaptc.y and raaolvencJ:
Further Endmaement to 8s itzade nn Atljzulicataon at first Afeeting,
Take notice that you, A. B., are required to attend personally at they
sitting of
the Court to be held on the
of the clock in the
day of 186 at
noon precisely being the day appointed for the
passing of your last examination, when and where yon are required to
surrender
yourself, and to make a full discovery and disclosure of your estate and
effects. And
further take notice that you are required to prepare a statement of your
accounts aml
to file the same in Court ten days at least before the day so appointed
far your last
examination.
Dated this
IN THE SUPREME COURT,
TN BAw1$RUPTCY.
In the matter of A.B. of
186
day of
SCHEDULE 7.
Order of Discharge.
adjudged bankrupt on tl.lo Maya
Whereas at a public sitting of this Court hold on the day of
for the said bankrupt to pass his last examination and also to make
application fur
his order of discharge under 'The Bankruptcy Ordinance 1864' whereof and
of the
purport whereof the notice required in that behalf was duly given, the
said bankrsalit
passed his last examination and upon application then and there made by
the said
bankrupt for such discharge it was adjudged by the Court that the said
bankrupt 5vas
entitled to such discharge: Now therefore the Court allows and orders
such discharge
accordingly [if the order were granted subject to any cnnditi.ou or were
granted a.ffor
szsspenaion, alter and state the facts accordingly.
Given under my hand and seal of this Court on the day of
TN THE SUPREME COURT,
,,SCRLDL'LE 8 (a).
Affidavit ,for snnirrconiny a Judgment Debtor.
IN BANKRUPTCY.
z, A. B. of
1. I say that C.D. is justly and truly indebted to me in the sum of ~, Moon
and, by virtue of a judgment of the Court of for the said ruin of $
Chief Justice,.
make oath and say as follows:
sc(-S. C0, 131' RIO
NA).
rl1' day of
sfqnirz,<G ~treut
.lu~ly>s:enl aali.h
--must be qfter the
gassing q1' sum of
' T'be J4anC9npicJ
(irdin«nce 186.1,'
ORDINANCE NV 5 of 1864.
Bankruptcy and Insolvency,
recovered by me against the said C, D. on they day of last bast,
and of which said sum the sum of $ exclusive of costs is due to me and the
for taxed costs is due to me, making together the said sum of 5
2. I say that I verily believe that I am entitled to sue out against the
said C'.D..
a writ of ccrpias ad scctisfarietzdum or to charge him. in execution of
the said debt..
Sworn, &c.
,SCHEDULE 8 (li).
Affidavit to be used its Cases of Disobedience to Decree iii Equity, tic.
IN THE SUPREME COURT,
IN BANKRUPTCY,
We, A.B. Of
follows
and C!.D. of
1. I, A.B. for myself that L.F. of
severally male oath and say, as.
is justly and truly indebted to-
me in the auto of $ upon and by virtue of a decree of the Supreme Court of
Hongkong bearing date the day of and made in a
certain suit then pending wherein I the said A.B. was plaintiff and the
said E.F.
defendant whereby the said E.F. was decreed to pay to me the sum of $
'exclusive of costs, and the sum of $ for taxed costs, making together the
said auto of ~ and upon which a peremptory order made by the said Court
was obtained by me on the
in the,orderJ.
2. I, C.D. for myself say that I did on the
dap of
directing [as:
day of
serve the said E.F. with a true copy of the said decree by delivering to,
or leaving:
the same with the solicitor of the said E.F, at his office at
3. I, C.D. further say that I did on the day of
-,personally serve the said E.F. with a true copy of the said peremptory
order.
Lastly I A.B. say that the said E.F. has not paid or secured or tendered
or -
compounded for the said debt, but the said debt still remains wholly due
and unpaid.
Sworn, &c.
rr
SCHEDULE
The Bankruptcy Ordinance 1864.'
Summons of Judgment Debtor.
These are to will and require you to whom this summons is directed
personally to-
pe and appear before the Chief Justice at the Court Rouse in the City
of Victoria,.
Honghong, on the day of
next at
ORDINANCE NO. 5 OF 1864.
Bankruptcy and Insolvency.
of the clock precisely to be examined respecting your ability to satisfy
a debt of
claimed of you by A.B. of
of a judgment of the Court
recovered by the said A.B. against you on the
day of
£orthe said sum of <
last and of which slid suns the sum of h e'xclu`sive
of costs is swore to be due from you to the said A.B. and the sum of 8 for
taxed costs making together the said sum of $ . You are to be examined
also for
the discovery of property applicable to satisfy the said debt. You are
moreover to
observe the notice indorsed hereon, and hereof you are not to fail at
your peril.
Given under my hand and the seal of the Court dais day of
186 ,
To E. F.
SCHEDULE 10.
Notice to be indorsed oat. Judgment Debtor Sunonoits.
IZc:gistrar.
This summons is served upon you pursuant to the provisions of 'The
Bankruptcy
Ordinance 1864,' and is founded on an affidavit of debt which was filed
in the Supremo
Court on the day of 186 . And you are
hereby informed that if after service o£ this summons or due notice
thereof you do not
pay the debt and costs within meutionod, or secure or compound for the
same to the
satisfaction of the creditor, then on your appearance to this summons, or
if you shall
not appear, having no lawful impediment allowed by the Court, and in
either case
without the presentation of a petition for adjudication or other
proceeding, the Count
may adjudge you bankrupt.
This summons was issued by .: ,¢ of solicitor for the plaintiff
or
This summons was issued in person by the plaintiff who resides at [here
insert a.
svfficient description of the plaintiff's residence].
' SCHEDULE 11.
Form of Letter of Attorney.
In the Matto- of A. B. a Bankrupt.
Szzr.,-I [oi- we,,' hereby authorise you to attend the meeting of
creditors in this
matter advertised or directed to be holden at
day of
upon and by virtue * o; Ya~1t a dowee
ell ell
on the
or any adjournment thexoof'and then and there for:
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
me L or us j and in my [or our name to vote for or against [here state
the resolution m-
object of the meeting] and in the choice of assignee or assignees of the
estate of the-
bankr upt.
Witness to the signature of
Too
A. B.
or A. B. for self and partners.
SCHEDULE 12.
Memorandum of'Dred or other Instrument to be reg;stcred pursuant to
' Tltc Bankruptcy Ordinance 1864.'
(1.) Title of deed, whether deed of assignment, composition or
inspectorship.
(2.) Date of deed.
(3.) Date of execution by debtor.
(4.) Name and description of the debtor as in the deed.
(5.) The names and descriptions of the trustees or other parties to the
deed, not
including the creditors.
(6.) A short statement of the nature of the deed.
SCHEDULE 13.
Affidavit required bid section 163 of'' The Bankruptcy Ordinance
1864,' paragraph 6.
T, A. B. [the debtor or some person able to deco a thereto] make oath and
say as.
follows, that the deed or instrument now prodneed and marked with the
letter A bearing
dato the day of and made between [state the
parties to the deed not including the names of .the creditors] being a
deed [describe its nature]
has been executed, or by writing assented to, or approved of, by tL
majqxity in number,..,-
,
representing three-fourths in value of the credito);
ps of me [the debtor when tote debtor, ,
<hcposes] or of rt [the debtor where some, other person deposes] y
whose debts amount to fifty dollars and upwards andJ [the debto? where
the debtor
deposes] verily believe that the amount in value of my property, credits,
estate and
effects cornrised in such deed is
[And where another
person, deposes lee must state that after due inquiry made, to the best
of his knowledge, i,~foran-
n.tion and belief the amount in value of the property, credits, estate
and efects of
the said debtor coaaaprised in such deed is I
ORDINANCE No. .5 oF 1864.
Bankruptcy and Insolvency.
SCHEDULE 14.
Form of Certificate ba7 Trustee under section 163 of ' The h'ankru7rtcry
Ordinance 1804.'
I the undersigned [if -ncore than, ooze trustee alter accordingly j being
a trustee under
a deed or instrument bearing dato the day of ~ aril
made between [state the parties not including the names of creditors
being a deed [describe
the nature thereof] do hereby certify that a majority in number
representing three-fourtbs
in value of the said C. D. (debtor] whose debts amount to fifty dollars
or upwards, have
executed or in writing assented to or approved of such deed or
instrument; and I also
certify that after full inquiry made to the frost of my knowledge
information and belief
the amount in value of the property, credits estate and effects of the
said C. D. [debtor
comprised in such deed is ( ~.
[Signature of ------ ,
SCHEDULE 15.
lYtemnranc(rrnr of 'Registration required ly section 166 n/'' The
73uialrrrrlrtr;r~
Ordinance 1864.'
'This deed or instrument was brought into the ofFtco of the Registrar of
the
Supreme Court in bankruptcy for registration on the day of
at the hour of on that day and was duly registered
pursuant to the provisions of `Tho Bankruptcy Ordinance 1869..''
SCFIIi;DULE 16.
Cert~xfacate of Begistra'daon of Deed and Protection to Debtor.
I being the Registrar of the Supreme Court of Hongkong exercising
in bankruptcy do certify that on the day of and
at the hour of -ion such day a certain deed or instrument bearing
T
yAate the. day of and made and executed by
and between [set forth partie;' nor including the names of the creditors
being a deed or
instrument [set Perth the nature'ancl effect dereof] was brought into my
office for regis-
tration and was duly registered pursuant to the provisions o£ 'The
Bankruptcy Ordi-
nance 1864.'
Given under my hand and seal of the Court at Iionbhona, the ~' day of
186
[&a1 of the Court.
A. B.
580
Title.
Preamble.
[See Ordinance No. 15 of 1867 & No. 9 of 1882.]
When to commemce and how to be cited.
Ordinance No. 3 of 1846, No. 5 of 1846, and No. 2 of 1849, repealed.
Proviso.
Ordinance to apply to all adults.
Supreme Court to have jurisdiction in blank reptey.
Section 33 of Ordinance No. 7 of 1862 incorporated with this Ordinance. [* See Ordinance No. 14 of 1873.]
Registrar of Supreme Court to be Official Assignee.
[See Ordinances No. 15 of 1867 and No. 9 of 1882.]
Purposes for which General Orders to be framed.
Proviso.
Alteration of General Orders.
Interpretation of terms.
'Ammulling.'
'Assignee.' [See Ord. No. 9 of 1882.]
'Bankrupt.'
'Adjudication.'
'Court.'
'Registrar.'
'Creditor.'
'Creditors pesent at any meeting.'
'Gaoler.'
'Oath.'
'Affidavit.'
'Petitioning Creditor.'
'Property.'
'Prisoner.'
Computation of time.
Number and gender.
Departing the Colony.
Departing from his house.
Beginning to keep his house.
Yielding himself to prison.
Fraudulent surrender of his property.
Rules to be observed before adjudication under this section.
Compounding with petitioning creditor.
Peitions for adjudication out of this Colony.
Lying in or escaping out of prison.
Debtor suffering execution to be levied on his goods.
No person liable on act of bankrupty committed more than twelve months before the filing of petition.
Debtor petitioning against himself.
Court may summon witnesses before adjudiction.
Debtor petitioning in forma pauperis.
Judgment creditor may sue out summons.
If order of any Court directing payment of money be disobeyed, the person entitled to the money may sue out judgment debtor summons.
Judgment to be given after the passing of this Ordinance.
Summons to be served personally.
Service of summons out of the Colony.
Duplicate of summons.
Insertion of notice in Hongkong Government Gazette.
Examination of debtor.
Court may adjudge such debtor bankrupt.
Debtor to be allowed seven days to show cause against adjudication.
How debtor refusing to be sworn to be dealt with.
Debtor to be subject to order of Court.
Debtor may petition against himself.
Debtor to deliver to Court schedule of all his goods, &c.
Court may adjudge such debtor bankrupt.
Debtors in prison to give notice to gaoler before presenting petition.
Debtor not obtaining adjudication may be adjudged bankrupt on petition of competitent creditor.
Debtor unable to pay may petition in forma pauperis.
Gaoler ot swear such prisoner.
Petitioner to be brought up for examination.
Ajudication to have relation back to date of commitment.
Debtor refusing to be sworn.
Proviso.
Creditor may petition for adjudication.
Court to have power over body and property of debtor.
Amount of petitioning creditors debts.
If petition filed fraudulently or maliciously, how to be dealt with.
Computation of debts.
Creditor, whose debt is sufficient to entitle him to petition against all the partners of a firm, may petition against one: and the Courtdismiss petitions.
Where petitioner dose not proceed.
Court may adjudge the debtor bankrupt.
If petitioning creditor's debt be found insufficient, Court may proceed on petition of any other creditor.
Court may impound and consolidate proceedings or petitions.
If debtor is about to leave the Colony or conceal his gods, Court may order him to be arrested.
Notice of adjudication.
Before notice of adjudication.
Before notice of adjudication given in Hongkong Government Gazette, debtor to have notice thereof.
If bankrupt in prison, Court may appoint a person to attend him.
Bankrupt's property to vest in the assignees.
Bankrupt may retain household furniture, &c.
Bankrupt's lands, &c., to vest in assignee.
Assignees not entitled to bakrupts pension, &c., but Court may order part thereof for benefit of creditors.
If bankrupt be not in prison or custody, to be free from arrest in coming to surrender, &c., and if in prison may be brought up by warrant to be examined or to surrender, and if in prison for debt the Court may, except in certain cases, order release.
If arrested to be dishcarged on producing protection.
Bankrupt to deliver up his books of account to Official Assignee.
and to attend assignees.
Sitting for last examination.
Statement of bankrupt.
Statement of accounts to be open to inspection.
Bankrupt to be assisted by Official Assignee in preparing statement of accounts.
Official Assignee to take possession of bankrupt's property.
Official Assignee to act as sole assignee till Creditors' Assignees chosen, and may sell or otherwise dispose of property of a perishable nature, &c.
Official Assignees not personally liable for acts done in execution of his duty or for receipt of bills or money upon certain comditions being perfomed.
First meeting of creditors, and proof of debts.
Creditors to choose assignee.
Petitioning creditor to proceed at his own cost until choice of Creditors' Assignee.
Estate to vest in Creditoes' Assignee.
Official Assignee to render account.
Creditors' may call for information.
No person to withhold possession of books.
Creditors may appoint manager.
Removal of Assignee.
Mode of electing new Creditors' Assignee.
As to valuation of bankrupt's property.
Duties of Creditors' Assignee.
Creditors' Assignee to render accounts to Official Assignee.
Assigneeto render accounts to Official Assignee.
Assignee may appoint the bankrupt to manage estate.
Power for assignees to sell bankrupt's book debts.
Disposal of bankrupt's books, after his affairs are wound up.
On removal of Creditors' Assignee, Official Assignee may be appointed.
Assignees to have all powers bankrupt might have had.
Certificate of appointment of assignees to be registered where any conveyance of bankrupt's property would require to be registered.
Court may order bankrupt to join in conveyance.
Conditional estate granted by bankrupt may be redeemed by assignees.
Assignees to be subject to the order of the Court.
If a member of a firm becomes bankrupt Court may authorise action or suit in name of assignees and of remaining partner.
Assignees may institute or defend actions and compound for debts due to the estate, and submit disputes to arbitration.
If petition or adjudiction be annulled &c., persons from whom the assigness have recovered or who have bona fide paid the assignees, &c., discharged from claims by the bankrupt.
If assignee indebted to bankrupt's estate becomes bankrupt his discharge shall not release his future effects in respect of such debt.
Suits not to abate by death or removal of assignees.
If assignees commenceaction before time allowed to dispute the bankruptcy has elapsed, debtor to estate may pay money into Court.
Limitation of action.
General issue.
Court may determine on all defferences
between assignees and creditors, or between parties claiming under trust deeds.
Goods in the possession, order, or disposition of the bankrupt to be deemed his property.
Proviso for assignments fo vessels.
Power of Court over certain conveyances, &c., made by bankrupt.
Where bankrupt beneficially entitled to stock, Court may make order for transfer.
Distress not to be available for more than one year's rent due.
The landlord to prove for the residue.
Discretion in Court as to the disposal of property in certain cases.
Where bankrupt is a trustee the Court may order conveyance or assignment to another trustee.
Titles to property sold not to be impeached unless proceedings taken to annual and duly prosecuted.
The Court after adjudication may order any Treasurer.
&c., or agent of the bankrupt, to deliver all moneys &c.
Payments, conveyances, contracts, &c., executions against lands (if executed by seizure) to be valid, if no notice of prior act of bankruptcy.
But nothing herein to give validity to payments &c., by way of fraudulent preference.
Bona fide purchases not to be impeached by notice of act of bankruptcy, unless petition filed within twelve months after the act of bankruptcy.
Certain warrants of attorney cognovits, and consents to Judge's order given within two months of filing petition to be null and void.
Provisions of 3 Geo. 4 c. 39 extended to assignees.
Proof in Court or in Chambers or before
officer appointed or by affidavit.
Proof by post.
False declaration a misdemeanor.
Official Assignee to examine all statements of account, and make out list of creditors who have proved.
Power to examine upon oath alleged creditors, &c.
Bona fide creditors in respect of debts contracted after an act of bankruptcy may prove.
Proof for money, costs, &c., of which payment may be enforced by process of contempt.
Proof for proportionate part of rent and other payments falling due at fixed periods.
Proof in respect of distinct contracts.
Proof in respect of unliquidated damages.
Proof for premiums upon policies of insurance.
Payments of assessed taxes.
One year's local rates may be paid in full.
Three months wages or salary to be paid to clerks or servants.
Fifty dollars wages to be paid to labourer or workman.
Apprentices to bankrupts dischatged from their indentures.
Court may order any sum to be paid in respect of apprentice fees.
Mutual dedts and credits may be set off notwithstanding prior act of bankruptcy.
Deeds not payable at the time of the bankruptcy may be proved, deducting rebate of interest.
Sureties and person liable for the debts of a bankrupt may prove after having paid such debt.
Obligees in bottomry or respondentia bonds, and assured in policy of assurance admitted to claim and, after loss to prove.
Persons effecting insurance admitted to prove loss.
Annuity creditor admitted to prove.
Sureties for payment of annuities granted by bankrupt, in what manner to come inder the bankruptcy.
Debt contingent at the time of the filing of the petition to be provable for the value thereof ascertained by the Court, or if value not ascertained before the contingency has happened, then, after the contingency has happened the amount of debt may be proved.
Liability contingent at the filing of the petition may be admitted to
claim, and after contingency has happened and the demand been ascertained, demand may be proved.
On bankruptcy of agent intrusted with goods, but which have been pledged by him, owner may prove for amount paid to redeem, or for value, if the goods be unredeemed.
Interest upon debts, when provable, though not reserved or agreed for.
Proving debt to be an election not to proceed against the bankrupt by action.
Creditors having security not to recevied more than other creditor.
How proof may be expunged.
Order of discharge.
To discharge bankrupt from all claims provable under his bankruptcy.
Bankrupt not liable under contracts, &c., made after filing petition for adjudication.
If bankrupt guilty of misdemeanor, Court may suspend or refuse order of discharge.
If bankrupt carried on trade by fictitious capital, Court may refuse or suspend order.
Effect of order of discharge.
Release of bankrupt when arrested after discharge.
Effect of order in case of partner.
Contract or security with intent to induce creditor to forbear opposition void.
Penalty for obtaining money or goods as an inducement to forbear opposing order of discharge.
Rehearing of order of discharge.
If order suspended on rehearing subsequent creditors to prove first against subsequent property.
Form of order.
Notice to be advertised.
Dividend.
Assignee not to keep money in his hands.
Provision to be made for creditors residing at a distance, adn for pending claims.
Joint and separate dividend sittings.
Dividend list to be prepared by Official Assignee.
Proceedings for paying dividends to be had until the whole of the estate is divided.
Effect of assignee certificate.
Unclaimed dividends, &c., to paid into the Treasury.
Official Assignee to act after dischatge of Creditors' Assignee.
One partner may receive allowance although other not entitle.
If produce of estate pay in full and leave surplus, such surplus to be paid to bankrupt after payment of interest on debts.
After three months conveyance of all debtors' property not an act of provided certain formalities are complied with .
What deeds to be valid and upon
What conditions.
Particulars of deed to be entered by.
Copy of entry to be published in the Hongkong Governent Gazette.
Deed to be registered in the Court and in default not to be received in evidence.
Memorandum of registration.
Jurisdiction of the Court and rights and liabilities of the parties after registration of deed.
Protection of debtor after notice of registration, &c. of deed.
Stay of proceedings in bankruptcy after execution of deed pending time allowed for its registration.
Provision in case debtor cannot obtain requisite assent of creditors.
Penalty on persons guilty of misdemeanors herein named.
False evidence.
Any person refusing to be sworn or refusing to answer or not fully answering or refusing to sign examination or to produce books, &c., may be committed.
Assingee disobeying direction to pay or invest money, and retaining it, or permitting co-assignee it retain or employ it to be charged with 25 per cent.
Petitioning creditor compounding with debtor after adjudication.
Concealing bankrupt's effects.
Allowance to persons making discovery.
Inserting advertisements without authority.
Money forfeited under this Ordinance, how to be sued for. And how applied.
What notices to be sent by post.
Proviso.
Petitions and other proceedings in bankruptcy, and copies purporting to be sealed with the seal of the Court admissible on evidence.
Officer of Court to produce proceedings and give evidence thereof.
If bankrupt do not dispute the petition the Gazette to be conclusive evidence of bankruptcy as against the bankrupt.
and against perosns whom the bankrupt might have sued had he not been adjudged bankrupt.
Advertisement when evidence.
On death of witness office deposition or copy thereof to be evidence.
Persons competent to give evidence.
Judicial notice to be taken of signature of Judge or other officer and seal of Court.
Forging signature of Judge or other officer or the seal of the Court, &c., felony.
Evidence as to inslovency.
Affidavits, declarations, &c., before whom to be sworn.
Judicial notice of seal or signature thereto.
Affidavits by prisoners.
Court may grant search warrant.
Authority to break open house, &c.
Court may summon and examine bankrupt and bankrupt's wife.
If bankrupt be keeping out of the way or be about to quit the Colony, Court may issue warrant.
Court empowered to summon persons suspected of having bankrupt's property.
Service of summons where person keeps out of the way.
Power to examine perosns summoned or present at any sitting.
No adjudication, &c., to be dismissed by reason only of consert.
Agnet receiving notice of act of bankruptcy.
Goods, &c., of a debtor to be sold by sheriff.
Court may proceed notwithstanding death of bankrupt.
Secs. 10 and 40.
See sec. 40.
Secs. 31 and 40.
Sec. 10.
Sec. 31.
Sec. 34.
Sec. 33.
[The form may be readily altered to meet all cases of adjudication.]
Sec. 61.
Secs. 60, 138 and 150.
Sec. 19.
* The day of signing final judgment which must be after the passing of 'The Bankruptcy Ordinance 1864.'
Sec. 19.
Sec. 21.
* If upon a decree in Equity alter the form accordingly. Sec. 164.
Sec. 168.
No. 5 of 1884.
An Ordinance to emend the Law of Debtor and Creditor.
[16th April, 1864.]
H C P LAS it is expedient to amend the laws relating to
persons.
[See or,i7-- Wvho are unable to meet their enffa~rements : 13e it
therefore
im-noes l1ro. 15 a a
of TB(ty c9 r1'tr. enacted and ordained by the Governor of Hongkong,
with the advice o#'
9. of 188Q.)
the Legislative Council thereof, in manner following
wben:to 1. This Ordinance unless where otherwise specially provided shall
commence -
and how-to commence and take effect from the first day of July next, and
may be -
be cited'. , cued as ' Thhe Bankruptcy Ordinance, 186.1.'
,oraiaanoes 2. The Ordinance No. 3 of 1846 for the-relief of insolvent
debtors- 3 of 1846
No. B of 1846: within the Colony of I3onakon ;
x849, , Ordinances No. 5 of 1846, and No. 2 of
and No. 2 of 1849, respectively amending the first mentioned Ordinance are
hereby
repealed.
Proviso. M Provided that every petition or proceeding which shall have
1 i .
begin presented or commenced under the said Ordinance; before the pass-
ing of .this Ordinance, shall be carried on and concluded in the same,!
manner as if this Ordinance had not been passed: and that every offence'-
ORDINANCE No. 5, of 1$64.
Bankruptnj and Insolvency.
which shall have been wholly or partly committed before the commence-
ment of this Ordinance, shall be dealt with as if this Ordinance had not
been passed : and that every act duly done, and every adjudication,
appointment, order, discharge, warrant or other instrument duly made or
granted before the passing of this Ordinance shall continue and be ofthe
same force ;and effect as if this Ordinance had not been passed : and that
no right which has arisen or may arise in respect of anything duly done
under the said Ordinance shall be affected by this Ordinance : and that
where any act of bankruptcy, petitioning creditors debt, imprisonment
or any other matter or thing whatsoever shall have taken place in whole
or in part before the commencement of this Ordinance, but no proceeding
shall have been had or taken in respect thereof before the commencement
of this Ordinance, every proceeding in respect thereof may be bad or
taken under the provision& of this Ordinance, in the same manner as if
the same had taken place after the commencement of this Ordinance.
3. This Ordinance shall apply to all persons of full age in the Colony
of Hongkong whether traders or non-traders, except as hereinbefore
ordained.
4. The Supreme Court shall have jurisdiction in bankruptcy under
.this Ordinance, and the Chief Justice when sitting in bankruptcy shall
have all the powers, rights and privileges which are now exercised or
enjoyed by him, except where this Ordinance otherwise specially provides.
6. The provisions contained in section 33 * of the Ordinance No. 7 of
1862, relating to the power of the Judge of the Court of Summary
Jurisdiction to preside in the Supreme Court shall be deemed and taken
to be applicable to the Supreme Court exercising jurisdiction in bank-
ruptcy, and to have in all respects the same force and effect as if they
had
been specially inserted herein.
6. The kleaistrar of the Supreme Court shall be the Official Assignee
under this Ordinance.
A's to General Orders.
'J. The Chief Justice may, with the advice and approval of the
Legislative Council, frame General Orders for the following purposes:
(1.) For regulating the practice and procedure of the Curt and the
several forms of petitions, orders, acrd other proceedings to be used in
the
said Court in all matters under this Ordinance..
Ordinance to
apply to all
adults.
Supreme
Court to have
Jurisdiction
in bank-
ruptcy.
Section 33 of
Ordinance
No. 7 of 1862 -
incorporated
with this
Ordinance.
(*Stse Ordi-
nance No. 14
rrf 18?'3.]
Registrar of
Supreme
Court to be -
official
Assignee.
[See Ordi.-
nancex No. Tv
of 1867 and
No. 9 of 1882,E
Purposes for
which -
General
Orders tote
framed.
Alteration.
of General
Orders.
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
( 2. ) For regulating the duties of the various officers of such Court.
( 8. ) For re ngulating the fees payable and the charges and costs to
15e allowed with respect to all proceedin0gs before such Court.
(4.) For regulating the filing, custody and inspection of records.
( 5. ) For regulating the custody of unpaid dividends.
(6.) And generally for carrying, the provisions of this Ordinance
into effect, and for appointing the sittings of the Court.
Provided always that if any case should arise which shall not have
been expressly provided for b5 such General Orders, but for which
provision
has been made by the General . Orders framed in pursuance of `~ The
Bankruptcy Act, 1861,' the Chief Justice may in his discretion apply to
such case any of the General Orders so framed as last aforesaid.
$. After such General Orders shall hove been so framed, they or any
of them may in like manner be rescinded or varied, and other General
Orders may be framed in manner as aforesaid.
-Is to the Definition and Explanation n f Terms.
.~.~ yt~ye~ octu-
n 9. The terms and words hereinafter enumerated or explained
,;.-..,.. of ter,us.
wheresoever occurring in this Ordinance shall be understood as herein--
after defined or explained, unless it be otherwise specially provided, ox
there be something in the subject or context repugnant to such definition
or explanation, that is to say :-
°°Am,ullina.'
' Annullinm ' shall mean also ' Superseding.'
'Aasignce.' ' Assignee' Shall mean the assignee of the estate and effects
of
0 ,ofissz j~' the bankrupt or petitioner, chosen by the creditors, and
until such,
assignee shall be chosen, or where no such assignee, shall mean the
Official Assignee.
~' uaaxraF,c.^ ' Bankrupt ' shall mean any person who shall have been
under any
former Ordinance adjudged insolvent or who shall be under the provisions
of this Ordinance, adjudicated bankrupt.
:: Aai«da-
cvtion.'
'° Court;.'
'Adjudication' shall mean adjudication of bankruptcy.
'6 Tile Court' shall mean the Supreme Court e5ercisinb jurisdiction
in bankruptcy.
' The Registrar'
shall mean the -Registrar of the Supreme Court'
exercising jurisdiction in bankr'tzptcy.
ORDINANCE. No. 5 OF 1364.
Bankruptcy anal Insolvency.
' Creditor' shall mean also any two or more persons being partners, ~e
Creditor,'
and incorporated and joint stock companies.
' Creditors present at any ineetinc, ' shall include creditors who are «
Croattov
Present at
represented by some person duly authorised by any such
creditor. anyineet;,lg.'
`` Gaoler ' shall include the Keeper or Superintendent of any gaol or ~,
rmoler:
prison.
' Oatb,' ' Affidavit,' shall mean and include the declaration or
affirmation of any person whom any Act of Parliament or local Ordinance
shall have authorised to make such declaration or affirmation in lieu of
;in oath.
' Petitioning Creditor ' shall mean the creditor who filed the petition
'4 routiotling
for adjudication.
Creditor.'
'- Property ' shall mean and include all the real and personal estate
and effects of the petitioner or bankrupt, except ac herein provided, and
-all the future estate, rinht, title, interest, and trust of such
petitioner or
bankrupt in or to any real or per.6onal estate and effects wbich may
revert,
descend, be devised or bequeathed or conic, and all debts due or to be
due,
to him before lie shall have obtained his discharae.
' Prisoner ' shall mean any person in actual custody within the walls -
Prisoner.'
of any prison in Hongkong for any debt, darnabes, costs, sum or sums of
money, or for any contempt by reason of non-payment of any sum or
sums of money or costs.
In all cases iii which any particular number of days is prescribed by
compt,ia~.xo
this Ordinance or shall be mentioned in any Rule or Order of Court which
°e ~'me.
shall at any time be ;lade tinder this Ordinance for the doing of any act,
or fur any other purpose, the same shall be reckoned, in the absence of
tiny expression to the contrary, exclusive of the first, and inclusive of
the
last day, unless the last day shall happen to fall on a Sunday, Christmas
Day, Good Friday, Monday or 'fuesday in Easter Week, or on a day
appointed for a public fist or thanksgiving, in which case the time shall
1>e reckoned exclusive of that day also.
Words importing the singular number or the masculine gender only,
~Nwnbernna~
shall be understood to include several matters as well as one matter,
ande'uer..
several persons as well as one person, and bodies corporate iv, well as
individuals, and females as well as males ; and words importing the plural
number shall be understood to apply to one matter as Nsell as to more than
one, and to one person as well as more than one.
oarb,
Ail;a.i. ta.:,
.; Property.'
Departing the
Colony.
Departing
from his
hove.
Beginning to
keep his
house.
Yielding
himself to
prison,
r,raudulent
surrender of
his property.
Rules to be
.observed
before adjudi-
cation under
this section,
ORDINANCE No. 5 . of 1864.
Bankruptcy and Insolvency.
As to acts of Bankruptcy.
10. If any debtor shall, with intent to defeat or delay his creditors;
depart from this Colony, or, being out of this Colony, shall, with. such
intent, remain away from the Colony for more than twelve months after
the passing of this Ordinance, or shall, wills such intent, depart from
his
dwelling house or otherwise absent himself or begin to keep his house or
suffer himself to be taken in execution for any debt not due, or yield
himself to prison or procure himself to be arrested or taken in execution,
or his goods, money, or chattels to be attached or taken in execution, or
shall with such intent within this Colony or elsewhere, make any friLnd-
ulent conveyance, gift, delivery or transfer of his real or personal
property
or any part thereof respectively, such debtor shall in any such case be
deemed, to have committed an act of bankruptcy: Provided always that
before any adjudication shall be made .yainst such debtor under this
section the following; rules shall be observed:
(1.) A copy of the petition for adjudication shall be served personally
on the debtor, either within the jurisdiction, or in such place or
country;
or within such limits abroad as the Court shall upon application for that
purpose direct.
( 2. ) Such copy of petition shall have endorsed thereon, a memorandum
in a form to be settled by General Order, specifying the time within which
the debtor is to appear on such petition: and such time shall, when tile
service is to be made out of this Colony, be the time which the Court
shall
think reasonable, having retard to the place or country where the service
is to be made.
( 3. ) In no case shall the tinge for appearance be less than fifteen days
after service.
(4.) If such personal service be not effected, the Court must be
satisfied that every reasonable effort was made to effect the same, and
that
the attempts to serve such petition came t.o't.he knowledge of the de btor
and were defeated by his conduct. ..
-Compounding 1~,, If any debtor, after the filing of any petition for
adjudication
with petition-
W g creditor. against him, shall pay money to the petitioning creditor or
give or deliver
to such epetitioning creditor any satisfaction or security for his debt
or for any part thereof, whereby such petitioning creditor may receive
more in the pound in respect of his debt than the other creditors, such.
payment, gift, delivery, satisfaction or security shall be an set of bank=
oPD1NA.NCr No: 5 0F,1864.
Bankruptcy and Insolvency.
ruptcy; and, if any adjudication shall have been made upon such petition,
the Court may either declare such adjudication to be valid and direct the
same to be proceeded in; or may order it to be annulled and a new petition
for adjudication to be filed, which rnay be supported either by proof of
such last mentioned or any other act of bankruptcy.
12. The filing of a petition by a debtor for relief as an insolvent
debtor, after the passing of this Ordinance in any Court having jurisdic-
tion for the relief of insolvent debtors in any of Her Majesty's
Dominions,
colonies, or dependencies, shall be evidence of an act of bankruptcy com-
mitted by tile debtor at the date of such petition; and the filing of a
petition, in any of the said Courts, after the passing of this ordinance
against ;z debtor for adjudication of insolvency, or bankruptcy, followed
by such an adjudication shall together with such adjudication be evidence
of an act of bankruptc)J committed by the debtor at the date of the filing
of such petition.
Petitions rol
-iaj aarcac.ioa
out of this
Colony.
13. If any debtor, having been arrested Or committed t0 prison for Tying
in ox
eacn,T>m~; out
debt, or 011 any attachment for non-pay nlent of money, shall, upon such
e r,rison.
.or any other arrest, or commitment for debt, or non-payment o£ honey,
or upon any detention for debt lie in prison fourteen days, or having been
arrested for any cause shall lie in prison as aforesaid after any
detainer for
debt lodged against him and not discharged; every such debtor shall
thereby be deemed to have committed an act of bankruptcy from the time
of such arrest, commitment or detainer: or, if any such debtor having
been arrested, committed or, detained for debt shall escape out of prison
or
custody, every such debtor shall be deemed to have committed an act of
bankruptcy from the time of such arrest, commitment or detention: but
no debtor shall be adjudged bankrupt on the ground of having laid in
prison as aforesaid, unless having been summoned he shall not offer such
security for the debt or debts in respect of which he is imprisoned or
detained as the Court shall see fit: and when such debtor is in~custody
such summons shall be delivered to the person in whose custody he is,
who shall bring him up according to the summons, at the cost of such
person us the Court shall determine.
` 14. If the goods or chattels of any debtor be seized and sold under
an execution issued in any action for the recovery of any debt or money
demand exceeding three hundred dollars, such debtor shall be deemed to-
irlave committed an act of bankruptcy .from the elate of the said seizure;
Debtor fiuffox--
ing exgoutioJx.
to be levied
nbis,
..
ORDINANCE No. 5 of 1864.
Court my
H111111710 11
1PItt1CSSVH
before
adjudication.
Bankruptcy and Insolvency.
but the execution creditor shall be entitled to the proceeds of the sale-
ni~toitllstanding such act of bankruptcy: Provided that if the debtor be.
adjliclnecl a bankrupt within fourteen clays from the day of such sale the
proceeds of such sale shall be paid fey the creditor to the assignee under
the bankruptcy, after deducting the costs and expenses of the sale and of
the action and execution upon which such sale was grounded, and such
gum may be recovered by the assignee from the eLecution creditor as if it
were a debt due to the bankrupt's estate.
No Person 15. 11 o person shall be liable to become bankrupt by reason of
any ace
rSa111e nn act
of l>an7tt'lxhtey of bankruptcy committed more than twelve months prior
to the filing of
committed
more t.b;1a airy petition for adjudication against him, and no
adjudication shall be.
t welae
3,wnttlsheraro cleaned invalid by reason of any act of bankruptcy prior
to the debt of the-
tl.lc filing of
petition. petitioning creditor: Provided there be a sufficient act of
bankruptcy
subsequent to such debt.
Debtor 16. If any debtor petition for adjudication against himself, ruder
lletitiouinl;
'~zsl,ht this Ordinance, otherwise than in forrru pauperi.s he shall be
deemed to
LimaelP.
leave committed an act of bankruptcy at the time of filinn such petition.
17. The Court, before adjudication, may summon before it any person,
vlhorn such Court shall believe capable of giving any information con--
coming guy act of bankruptcy committed by the person against whore
arty petition for adjudication has been filed, and may require ant= person
so summoned to produce any boobs, papers, deeds, writings and other-
docurn2nts in his custody, possession or hover, which may appear to the
Court to be necessary to establish such act of bankruptcy and tire Court
rnay exanoine any such person, upon oath, by word of mouth, or inter-
rogatories in writing, conecxnin~ such act of bankruptcy.
Debtor 18. Every debtor who shall petition in forrna Pazcperis under this.
1 etitionin~ in
,a._ Ordinance shall, if adjudged banhrapt, be deemed to have
committed an.
act of bankruptcy at the date of his commitment or detention as the case.-.
in ay be.
As to ads of Bankruptcy by non-payment after Judgment Debtor SummO928
and the Proceedbzqs thereon.
Tl~arn~tlt 19sAny judgment creditor entitled to sue out against a debtor a
creditor may
Hllo ant Sum- writ of capicxs ad .satiafaciendzzm, or to charge the debtor
in. execution in
111(1I1S.
respect of any debt amount.in~ to three hundred dollars, exclusive of- -
costs, shall, upon filing an affidavit of debt in the Court, and at the
end.
ORDINANCIt; No. .~ of 1864.
Bankruptcy and Insolvency.
of one week front the signing of judgment, be entitled to sue out against
a debtor whether he 14e in custody or not a. summons, to be called a judg-
ment debtor summons, requiring him to appear and be examined re-
specting hio ability to satisfy the debt.
20. If after the commencement of this Ordinance an. order of any
Court having power to direct the payment of money by way of costs or
otherwise be made ordering the payment of any sum atnountiug to three
hundred dollars upon a certain day, and such order be disobeyed the
same having been duly served upon the debtor, the person, entitled to
receive the money, or interested in eufurcing payment of it, may, after
seven clays from the day of yaylnent mentioned in the said order, sac out
against the debtor a ,judgment debtor summons.
21. The judgment debtor summons shall issue out of the Court, and
.11tagntotlt t..
Ic given n.ftar
must be a summons in respect of a judgment given after the passing of
tile Passing
of this Ortii.
this Ordinance. nnr>ce.
°2. When the debtor is in the Colony of lion;koty the
sunuulons s,111111lons it)
be aerve<l t14r_
shall be served personally, unless tile Court shall in guy case direct
that ,onvoiv.
service in some other manner wall be good.
2$. When the debtor is not in the Colony of Hongkong, the Court,
upon such evidence as shall satisfy it that the service will be effectual
to
give notice to the debtor, may order service to be made in such manner
.<tnd form as it shall see fit, and shall appoint a tune by such order for
the appearance of the debtor.
24. Where the debtor is in custody a duplicate of the summons »unlic2te at
summons.
shall be delivered to the sheriff, .gaoler or other person in whose
custody
he is; who shall bring him up according to the summons at the cost of
the summoning creditor.
25. If service of the summons be not effected and the Court is
satisfied that the debtor is beeping out of the way to avoid service, it
may
-order that one.or more notices be inserted in the I-Ionbhong Government
Gazette and in such other newspaper or newspapers as the Court may
-direct, requiring him to appear on a day named, being not less than
fourteen days after the publication of the first notice. ~
26, Upon the appearance of the debtor he may be examined on Examinataon
- ;
oath, by or on behalf of the creditor, and by the Court, respecting his
of debtor.
ability to satisfy the debt, and for the discovery of property applicable
in
1 to r<lcr of nuy
('omrt direct-
ive 1>aymnnt,
of money 1>c
<lisobc3>ect,
the p4rht,n
cutitlodto the
ntoucy in~y
silo out, judo.
iliolit debtor
FII1ninV914,
Sol-vice or-
summunH out
of the C'or(m5-.
7msertion of
notice in
Hongkong
Government
Gaiette.
ORDINANCE No. -or 1864.
Bankruptcy and Insolvency.
that behalf, and shall be bound to produce, on oath, or otherwise, such
books, papers and documents in his possession or power, relating to-
property applicable or alleged to be applicable to the satisfaction of the
debt, as the Court shall see fit., and to sibu his examination when
reduced
to writing.
27. 1f after service of such summons or due notice thereof as afore-
said, the debtor shall not pay the debt and costs, or secure or compound
for the carne to the satisfaction of the creditor, the Court may, on the
appearance of the debtor, or if he shall not appear having no lawful
impediment allowed by the Court, adjudge him bankrupt, without the
presentation of a petition for adjudication or other proceeding; and where
the debtor has tot appeared, notice of such adjudication shall be served
upon him in like manner as herein provided with respect to service of the
-
Court may
adjudge such
debtor b.mk-
3'lebtor to be
allowed so vtu
days to ebpv
gauge against
adjudication.
stow debtor
'refusing to be
8N~or11 to be
dealt with.
Debtor to be
subject to
order of
Court.
summons.
28. The debtor shall. be allowed. seven days from sucli notice or'
such further time as the Court shall think fit, for appearing to show
cause against the adjudication, and if he appear -witlrin the time
allowed,
and show sufficient cause, the adjudication may be annulled; otherwise,
at the end of the tune allowed, or on the judgment of the Court against
the sufficiency of the cause shown, the adjudication shall become
absolute, .
and notice thereof shall be forthwith given in the Hongkong Government
Gazette, and in such other newspapers as the Court may direct, and the
adjudication shall have relation back to the service of the summons or
the insertion of the first notice in the Hongkong Government Gazette as
the case may be.
29. If any debtor, who shall be.-summoned on a judgment debtor
summons, shall refuse to be sworn or shall refuse to arks.yer any lawful
question put by the Court or shall not fully answer any such question to,
the satisfaction of the Court, or refuse to produce such books, papers and
documents in his possession or power relating to any of the matters-.
under enquiry as the Court shall think fit, or shall refuse to sign his-
examination when reduced into writing, the Court- may by warrant
commit such debtor to such prison. as the Court shall think fit, there to
remain yztil he shall have conformed to the order of the Court.
30. Except as is herein specially, provided, the debtor, personally,
and all his estate and effects real and personal, shall, upon the issuing
of
such judgment debtor summons, be subject to the order and direction of
ORDINANCE No. 5 or -1864.
Bankniptcy and Insolvency.
the Court in the same manner as if a petition for adjudication had been
filed by a creditor against such debtor under this Ordinance.
31. Any debtor, unable to weet his engagements, may petition for
adjudication against himself, and such petition shall be supported by the
oath of the petitioner and shall be filed of record and prosecuted in the
Court; and the debtor, so petitioning, personally, and all his estate and
effects real and personal, shall upon the filing of such petition be
subject
to the order and direction of the Court; and in the case of a petition for
adjudication filed by such debtor, the eolnputation of debts shall be
reckoned, in the same rnanner as is provided under this Ordinance, in the
case of a petition for adjudicatiolr filed by a creditor. -
32. Every such debtor shall, within three days or within such
further time as the Court shall think reasonable, deliver in to the Court
a
schedule containing a full and fair description of such debtor, as to his
name, trade, or profession, tovether with the last usual place of abode of
such debtor, and the place or places where he leas resided during the
time when his debts were contracted: and also a full and true description
of all debts due or growing due from silch debtor, lit tile tune of the
filing
his petition; and of all and any person and persons to whom such debtor
shall be indebted, or who to his knowledge or belief shall claim to be
his'
creditors, together with the nature and amount of such debts and claiiris
respectively, distinuishing such as shall be admitted, from such as shall
be disputed, by his debtor : and also a, full, true and perfect account of
all the estate and effects of such debtor, real and personal, in
possession,
reversion, remainder or expectancy: and also of such places of benefit or
advantage held by such debtor, whether the emoluments of the same arise
from fixed salaries, or from fees; or otherwise: and also of all pensions
and allowance's of the said debtor, in possession or reversion or held by
any other person or persons for or on behalf of the said debtor, or of,
and
from which the said debtor derives or may derive any manner of benefit
or advantage: and also of any rights and powers of any nature and kind
whatsoever which such debtor, or any person or persons in trust for such
debtor, or for his, use, benefit or Advantage, in any manner whatsoever,
shall be seized or possessed of, or interested in, or entitled unto, or
which
such debtor or any person or persons in trust for hirn or for h:-% benefit
or advantage shall have any power to dispose of, charge or exercise for-
the benefit of the said debtor: together with a full, true and perfect
account of all the debts at the tinge of the filing of his petition due
or.
Debtor mat
petition
against him-
self.
Debtor to
deliver to
Court sched-
ule of X11 his.
y.~,OOCIh' &G. -
I>ebtor nnaLle
to pay may
petition irk
fin-ma ynu-
yrr~I . .s.
5190
°<;ott2't may
adjudge such
debtor bank-
rupt.
ORDINANCE ?to. <5 or -79G4.
Bankruptcy and Insolzcnry.
growing due to such debtor, or to any person or persons in trust for hint
or for his benefit or advantage, either solely or ,jointly with any= other
1.~erson or persons : and the names and places of abode of the several
persons from whom such debts shall be due or ~rowin~ due, and of the
witnesses who can prove such debts, so far as such debtor can set forth
the same: and the said schedule shall also contain a balance sheet of so
much of the receipts and expenditure of such debtor, and of the items
composing the same as shall be at any tune required by the said Court in
that behalf: and also shall fully and truly describe the wearing apparel,
bedding and other necessaries of such debtor, and his or her family, and
the yvorkin~; tools and implements of such debtor, not exceeding in the
whole the value of one hundred dollars, which relay be excepted by such
debtor from the operation of this Ordinance, tolietllcr with the value of
such excepted articles respectively: and the said schedule shall be
subscribed and verified on cotta by such debtor, and shall forth=ith be
vied in the said Court together with all books, papers, deeds and writings
in any n=ay relating to such debtor's estate or effects, in his or her
possession, or under his or her custody or control.
33. The Court may upon proof of the filing of such schedule adjudbe
the debtor, bankrupt, or may adjourn the adjudication of such debtor.
Dcbtors ;n 34. Every debtor who shall present a petition for adjudication
notice to give whilst a prisoner in prison, shall by writing dive notice
to the keeper of
gsoler before such gaol or prison of his intention so to do, and stall in
his petition
r>rcHentin~; petition. State (hilt such notice has been hlven.
Debtors rot 35. If any debtor petitioning against himself shall not obtain
`obtaining - .
~idlr~iatoation adjudication within seven days after filing such petition,
the Court may
inay be
adj udgea proceed t0 adlLldaC the debtor bankrupt on tire petition of any
competent
bankrupt on,.
petition of creditor..
competent
creditor. _
As to Pauper and other Prisoners for Debt.
36. If any debtor, now beinn, or who shall be imprisoned for any=
debt or demand, shall through poverty be unable to petition the Court
for adjud^cation again st himself in manner hereinbefore mentioned, he
shall
be at liberty to petition in forma p%zuperi.s, upon making an affidavit
that
ire has not the means of paying the fees and expenses usually payable in
respect of a petition for adjudication by a debtor. Such affidavit may. be
ORDINANCE No, 5 0-F 1864.
Banhruptcy cared Irasolteoac.y.
sworn before the gaoler of the prison where such debtor is confined,
and Gfwter t4
swear Sat li
such gaoler is hereby empowered an~l required to tape such affidavit
and rnsoner.
swear the deponent thereto withortt fee or reward.
37. Every person so hetitioninj in Vfornnd pazcperis as afbresa.icl,
shall be brou~ltt up to the Court, at its next- sittity after. the
presenta-
tion of such petition, and shall be examined by the Court torching his
estate and effects, debts, dealings and transactions: and, if the Court
shall
lie satisfied with such eiarnination, it shall make an order of ad)udlca-
tion against the petitioner, and, if it think fit, may make an order for
his
release froth prison.
38. Every adjudication against any debtor for debt, so, brought up
as aforesaid shall, sinless the Court shall otherwise direct, hate
relation
back to the date of his comrnittnent or detention as the case be : and the
debtor so petitioning in fvrwad, pauperi.s personally, and all his estate
and
effects, real and personal, if he has any, shall upon the filing of such
petition be subject to the order and direction of the Court in the same
manner as is provided by this Ordinance in the case of a debtor unable to
meet his engagements.
39. If any such debtor shall refuse to be sworn, or to answer arty
lawful question of the Court or of any creditor respecting his debts,
liabil-
ities, dealings and transactions, or to make a full discovery of his
estate
and effects, and of all his books of account, or to produce the same, or
to
sign his examination when taken, the Court tray by warrant commit him
to gaol, there to be kept, with or without hard labour, for any time not
exceeding one mouth, and the Court may at the same time adj udae such
person bankrupt. Provided that, if after such adjudication the bankrupt
shall, before the period of such commitment has expired. submit to be
examined, and in all things conform to the jurisdiction of the Court, he
shall have in all respects the same benefits as if he had submitted to the
Court in the first instance.
As to Petitions b f Creditors.
40. Any creditor, whose debt is sufficient to entitle hira to petition
under this Ordinance, may petition fat adjudication against a debtor, and
such petition shall be supported by the oat!i of the. petitioner, and
shall
be filed of record and prosecuted in the Court as directed by, this
Ordinance : and froth and after the filing of such petition the said Court
Petitioner to
V0 urOllatlt
up for ex-
tvmimtiou.
rldjadiwtiau
to lithe
rulai.ioei hack
to date. (it
conlmitlneut.
Debtor reFas-
iug to he
arvoru.
Proviso.
Creditor ma,
petition for
..
adjudication.
ORDINANCE NO. 5 or 1864.
Bankruptcy and Insolvency.
<;uurt to have shall have full power and authority to take such order and
directions
power over
body and pro-
perty of
-debtor.
Amount of
petitioning
creditors
debts,
if potitson
filed friudu-
rentlyor marc.
riously, how
to be dealt
with.
with the body of the debtor as is mentioned in this Ordinance, as also
with all his lands, tenements and hereditaments, which he shall have in
his own right before adjudication, as also with all such interest in any
such lands, tenements and hereditarzrents as such debtor may lawfully
depart withal and with all his monies, fees, offices, annuities, goods;
chattels, wares, merchandize anal debts and to make or order sale thereof
in manner herein mentioned, or otherwise order the same for satisfaction
and payment of the creditors of the bankrupt.
41. To entitle any creditor to petition for adjudication against a
debtor, tine amount of the debt of such creditor shall be as follows, that
is to say
The debt of a single creditor or of two or more persons, being
partners, shall amount to three hundred dollars or upwards.
The debt of two creditors shall amount to four hundred dollars or
upwards.
The debt. of three or more creditors shall amount to five hundred
dollars or upwards.
Every person who has given credit to any debtor upon valuable
consideration for money payable at a certain time, which time shall not
have arrived when such debtor committed an act of bankruptcy, may so
petition or jour in petitioning, whether he shall leave any security for
such sum or not.
42. If the debt, stated by the petitioning creditor in his affidavit,
or in his petition for adjudication, to be due to Trim from any debtor,
shall
not be really due, or, if after a petition for adjudication be filed, it
shall.
not have been proved that the person against whom Birch petition has
been filed, was liable to an adjudication at the time o£ the filing of
such
petition, and it shall also appear that such, petition was filed
fraudulently
or maliciously, the Court shall and may, upon petition of any person
aggrieved by such petition, exarnine into the ,,,iine, and order
satisfaction
to be made to him for the damages by him sustained.
c1pnt'Ition 43. In the computation of debts for the purposes of any
petition
-of debt-,. Lender this Ordinance there shall bt i?eckoired as debts-
(L) Sums due to creditor.-, holding mort; gages, or other available
securities, or liens, after deducting tire value of the property
comprised.
in such mortgages, securities or liens.
debts.
ORDINANCE No. 5 or, 1864.
13unkruptoj and Insolvency.
(2.) Such interest and costs as shall be due- in respect of any of the
But there shall not be reckoned-
(1.) The amount of any debt iii respect of which the petitioner has
already been adjudged entitled to have the benefit of tile Ordinance \o.
3 of 1--1G.
(2.) Debts barred by any Statute of Limitations.
44. Any creditor, whose debt is sufficient to entitle him to petition
for adjudication against all the partners of any firm, may petition for
such adjudication against one or more partners of such Grin ; and every
such petition shall be valid, although it does not include all the
partners
of the firm; and in every petition for adjudication against two or snore
person, the Court may dismiss the sane, as to one or more of siich
persons, and the validity of such petition shall not be thereby affected
as
to any person as to whom such petition is not ordered to be distalissed,
nor shall any such person's discharge be thereby affected.
45. If the petitioning creditor shall not proceed and obtain adjudicn-
where Peti-
t:iotler (toe,
tion within three days after leis petition shall have been filed, or
within not itroeoed.
such .time as shall he allowed by the Court, the Court inay at any tune
on the expiration of such three days, or of such extended time as the
case may be, upon the petition of any other creditor entitled to petition,
proceed to adjudicate on such last mentioned petition.
46. The Court may upon due proof of the petitioning creditors Court m,ay
adjudge tlIv,
debt, and upon due proof' of an act of bankruptcy having been committed
debtor banl`-
by the debtor, adjudge the debtor bankrupt, and rnay appoint a clay for
='l't-
the bankrupt to surrender and conform.
47. If after adjudication the debt of the petitioninn creditor be found
by the Court to be insufficient to support such adjudication, the Court
may, upon the application of any other creditor, having proved any debt
sufficient to support an adjudication, order tile petition for
adjudication
to be proceeded its, and it shall by such order be deemed valid.
4 8. If two or more petitions for adjudication be filed by, Rr against,
the sane person, or if a petition be filed by, or against, a lnernber of a
firm, and another petition be filed by, or against, another member of the
same firm, the Court may consolidate the proceedings or any part thereof
Creditor,
whole <dbt ire
sufliceient to
cuticle him
to petition
against all the
partners of P,
tirrn, muy
l>etoion
against one:
and the court;
may dimiss
lx;titiow'.
rf retit.ieniug
creditor's
debt be found
insufficient,
court may
proceed on
petition of
any other
creditor.
Court may-
impound nne
consolidate
proceeding,,
or petitions.
Before notice
of rul,j ndien-
tion ~~iven in
HongkoUg
Government
Gazette, debt-
or to h,t,-e
m>ticc thereof.
If debtor is
about to leave
the Colony or
conceal uis
goods, Court
may order
him to 1><:
arrested.
ORDINANCE No. 5 of 186.
Bankruptcy and Insolvency.
under such petitions, or may impound any such petition or petitions, or,
annul the proceedings thereunder, or any part thereof, upon such terms
as the Court shall see fit; and may order any petition or petitions to be
proceeded in either separately or in conjunction with any other or others
;
and may remove the assignees under any such petition or petitions, and
appoint others as it shall see fit.
49. Whenever any petition for adjudication shall have been filed
against any person, and it shall be proved to the satisfaction of the
Court
that there is probable cause for believing that such person is about to
quit the Colony, or to remove or conceal any of his goods or chattels
with intent to defraud or defeat his creditors unless he be forthwith
apprehended, the Court rnay issue a warrant, directed to such person
as the Court shall think fit, whereby such last mentioned person shall
have authority to arrest the person against whom such petition shall have
been filed, and also to sere his books, papers, movies, securities for
Monies, goods and chattels, wheresoever he or they may be found, and
him or them safely keep until the expiration of tine time allowed for
adjudication on such petition, or until such person shall be adjudged
bankrupt under such petition, and be thereon dealt with according to this
Ordinance: Provided, that any person arrested upon any such warrant,
or any person whose books, papers, movies, securities for movies, goods or
chattels, have been seined under any such Tar rant, may apply=, at any
time
after such arrest.or seizure, to the Court for an order or rule on the
peti-
tioning creditor to show cause why the person arrested, should not be
discharged out of custody, or why his books, papers, monies, securities
for
movies, goods and chattels, should not be delivered up to him, and the
Court may make absolute, or discharge such order or rule.
As to Adjudication of Bankruptcy.
rrt,tiee of 50. Notice of all adjudications shall be given in the Hongkong
Gov-
atljudicut'ion.
ernnlent Gazette.
51. Before notice of any adjudication granted upon a creditor's
petition shall be given in the Honghong Government Gazette and such
other newspapers as the Court may direct, and at or before the time of
putting iAa execution ally warrant of seizure which shall have been
granted
upon such adjudication, a duplicate of such adjudication shall be served
on the person adjudged bankrupt, personally, or by leaving the save at
the usual or last known place of abode, or place of business of such
person
ORDINANCE Xo. 5 or, 1864.
Baiakruptcy and Insolvency.
and such person shall be allowed seven days, or such extended time, as
the Court shall think fit, from the service of such duplicate to show
cause
to the Court against the validity of such adjudication : and if such
person
shall, within such tune, slow to the satisfaction of the Court that the
peti-
tioniug creditor's debt and act of bankruptcy upon which such adjudica-
tion has been mounded, or any or either of sack matters are insufficient
to support such adjudication, and upon such showing no other creditor's
debt and act of bankruptcy sufficient to support such adjudication, or
such
of the said last mentioned matters as shall be requisite to support such
adjudication, in lieu of the petitioning creditor's debt, and act of
brlnh-
ve clc:enlcd
insufficient
in that behalf as the case may be, shall be proved to the satisfaction of
the
Court, the Court shall thereupon order such ad jll(%1Cat1011 to be
annulled
and the some shall by such order be aunulied accardin7ly : hut if at the
u.Xpiration of the said tune no cause shall have been shown to the
satisfac-
tion of the Court for the annulling of such adjudication the Court shall
forthwith after the expiration of'such time, cause notice of such
adjudica-
tion to be riven in the TIongkonb Government Gazette and such other
newspapers as the Court may direct, and shall, if necessary, appoint a.
day
for such bankrupt to surrender and conform: Provided that the Court
shall have power froth time to tithe to enlarge the time for the bankrupt
surrendering himself, for such time as the Court shall think fit, so as
every
such order be made six days at least before the day on which such bank-
rupt was to surrender himself: Provided also, that if any person so
adjudged bankrupt shall before the elpiration of the 'cirlie allowed for
showinn cause, surrender llimself, and dive his consent, testified in
writing
under his hand, to such adjudication being advertised, the Court after
such
-consent so given, shall forthwith cause the notice of adjudication to be
advertised and appoint the sittings for the bankrupt to surrender and
,conform.
52. Whenever any bankrupt is in prison, or in custody under any
process, attachment, cYeCi'tlon, commitment or sentence, the Court may
.Appoint a person to attend him from tithe to time to produce to him his
books, papers and writings, in order that he rnay prepare his balance
sheet
and show the p~.rticulars of his estate and effects.
53: When any person shall have been adjudged a bankrupt, all his
personal estate and effects present and future, wheresoever the same rnay
A)e found or known, and all property which lie may purchase, or which
1F bankrupt
i u poison,
('ou'et ttvay.rvp:.
I>ohtt a pcmor<-
tt, HrtLrta ~~IM.
Bank rttltt'
Property -tv'
IW tilccupt
nay retain
honsevold fur-
niiure, Yc.
ndifkraptv
lends, &c., to
Vest in
ORDINANCE No. 5 or 1864.
Bankruptcy and Insolvency.
may revert, descend, be devised or bequeathed, or come, to him, before he-
shall have obtained his discharge, and all debts due, or to be due to
him,.
wheresoever the same may be found or known, and the property, right.
and interest in such debts, shall become absolutely vested in the Official
or other Assignee for the time being for tire benefit of the creditors of
the
bankrupt by virtue of their appointment, and after such appointment
neither the bankrupt nor-any person claiming through or under him shall
have power to recover We~-same, nor to make any release or discharge
thereof, neither shall the same be attached as the debt of the bankrupt,
or,
otherwise, but such assignees shall have like remedy to recover the same
in their own names, as the bankrupt himself might have had if he had
not been adjudged bankrupt.
54. Provided that every person who shall be so adjudged bankrupt,
shall be entitled to retain for the use of himself and family, under the
name of excepted articles, such articles of household furniture, and tools
and implements of trade and other like necessaries as he shall specify and
select; not exceeding in the whole tire value of one hundred dollars, and
such excepted articles shall not be subject to be sold or disposed of in
the-
banlzruptcy, nor to be taken in execution at the suit of any creditor en-
titled to prove under the bankruptcy: and in all cases there shall be
filed
with the proceedings in the Court an inventory of such excepted articles
and if it shall appear to the Court that tire value of the excepted
articles
retained by the bankrupt exceed one hundred dollars, the Court may
order so much of such articles as it shall see fit to be given up to the
assignees.
55. When guy person shall have been adjudged a bankrupt, all
lands, tenements and hereditaments, to which any bankrupt is entitled;
and all interest to which such bankrupt is entitled in any of such lands,
tenements or- lrereditaments, and of which he might have disposed, and
all such lands, tenements and hereditaments as he shall purchase, or shall
descend, be devised, revert to, or come to such,'brznhrupt before he shall
have obtained his discharge, and all deeds, papers and writings respecting
the same, shall become absolutely vested in the Official or other Assignee
for the tipre being for the benefit of the creditor°s of the bankrupt, by
virtue of his appointment, without any deed of conveyance for that pur-
pose: and as often as any such assignee or assignees shall die or be
lawfully removed or displaced, and a new assignee or assignees shall be
ORDINANCE Nor- or 1861.,
Iiankruptcj and Insolvency.
duly appointed, such of the aforesaid estate as shall remain unsold .or:
unconveyed, shall, by virtue of such appointment vest in the new assignee
or assinees, either alone or jointly with the existing assignee as the-
C) case may require, without any conveyance for that purpose.
56. Nothinn in this Ordinance contained shall extend to entitle the
assignee or
assignees of tlr%: estate and effects of any bankrupt being or having
been an officer of
the Army or Navy or an officer or clerk or otherwise emplj Ted or engaged
in the service
of Her Majesty in anv Civil or Military office, or being otherwise in the
enjoyment of
any pension whatever under any Department of Her Majesty's, Government,
to the pay,
half-pay, salary, emoluments, or pension of any such bankrupt for the
purposes of this
Ordinance: Provided that the Court may order such. portion of the pay,
half-pay,
salary, emoluments or pension of any such bankrupt, as on communication
from the
said Court, the Secretary at War, or the Lords Commissioners of the
Admiralty, or the
Coin missioners of Excise, or the Chief Officer of the Department to
which such bankrupt
may belong or have belonged, may offcially consent to in writing, to be
paid to such
assignee or assignees, in order thnt the same may be applied in payment
of the debts
of such bankrupt: and such order and consent being lodcod in the office
of Her Majesty's
Paymaster General, or of any other officer or person appointed to pay or
paying any
such pay, half-pay, salary, emoluments or pension, such portion of the
said pay, half-
pay, salary, emoluments or pension as shall be specified in such order
and consent shall
be paid to the said assignee or assignees until the said Court shall make
order to the
contrary. [Repealed by O4-dinance No. 9 of 1864 and new section
substituted.]
57. If the bankrupt be not in prison or custody at the date of the
adjudication he shall be free from arrest or imprisonment by any creditor
in coming to surrender, and after such surrender for such further time
as shall be allowed him for finishing his examination, and for such tirue
after Isis examination until his discharge be allowed, as the Court shall
from
time to time by endorsement upon the summons of such bankrupt think
fit to appoint: and whenever any bankrupt is iii prison or in custody
under any process, attachlnent, execution, commitment or sentence, the
Court may, by warrant directed to the person in whose custody he is
confined, cause him to be brought before it at any sittincr either public
or
private, and if he be desi.roi.- to surrender he shall be so brouo-ht up,
and
the expense thereof shall be paid out of his estate, and such person shall
be indemnified by the warrant of the Court for bringing up such
bankrupt: and where any person who has been adjudged b~qnkrupt
and has . surrendered and obtained his protection from arrest, is in
prison or custody for debt at the time of his obtaining such protection.
the Court. moy, except in the cases hereinafter mentioned, order.-his,
Assignees not
entitled to Mnl. -
rupts pension,
&o., but Cottrt
tnay order part
thereof for hettc-
tit of creditors.
If bankrupt
be not in pri-
son or custo-
dy, to b-a free
from arrest irt
coming to
surrender,
&c., and if in
prison may be
brought up by
warrant to be
examined or
to surrender,
and if in pri-
son for debt -
the Court
may, except -
in certain ca-
ses, order re-
lease.
ORDINANCE No. 5 of 1.864.
Bankruptcy and Insolvency.
immediate release, either absolutely or upon such conditions as it shall
think fit: Provided always that the Court shall not order such release
where it shall appear by any judgement, order, commitment or sentence
under which the bankrupt is in prison or custody, or by the record or
entry of any such judgment, order, commitment or sentence, and the
pleadings or proceedings previously thereto that he is in prison or cus-
tody for any debt contracted by fraud, or breach of trust, or by reason
If arrested 0
be- discharge 1
an producing
protoaeinn.
Bankrupt to
deriver up .
his books of
'count to
Official AS-
-signee
of any prosecution against him whereby he had been convicted of any
offence, or for any debt contracted by reason of any judgment in any
proceedings for breach of the revenue laws; or in guy action for breach
of promise of marriage, seduction, libel, slander, assault, battery, mali-
cious arrest, or malicious trespass: Provided also that such release shall
in nowise affect any rights of the creditor at whose suit. the bankrupt
may be in prison or in custody, against the bankrupt, except tyre right of
detaining him in prison or in custody whilst protected from imprison-
ment by order of the Court.
~$, if any bankrupt shall be arrested for debt, or on any escape
warrant in coming to surrender, or shall after surrender, and while pro-
tected by order of the Court, be so arrested, he shall on producing such
protection to the officer who shall arrest him and giving such officer a
copy thereof, be immediately discharged, and if any officer shall detain
any such bankrupt after he shall have shown such protection to lairn,
except for so long as shall be necessary for obtaining a copy of the same,
such officer shall forfeit to such bankrupt for his own use the sum of
twenty-five dollars for every day he shall detain such bankrupt, to be
recovered by action of debt in the name of such bankrupt.
As to the duty n f the Bankrupt after Adjudication.
59. Forthwith after the insertion of the notice of adjudication in
the Hongkong Government Gazette, or $f the bankrupt before the ex-
piration of the tune allowed for showing cause against the adjudication-,
surrender himself and give consent to such iWertion, forthwith after such
surrender the bankrupt shall (if thereto required by the Official Assignee
deliver up to the Official Assignee upon oath before the Court all books
of account, papers and writings relating to his estate in his custody or
power and discover such as are in the custody or power of any other
person : and the Court may give such directions as it shall deem ex-
pedient with regard to such books, papers and writings: : and every
ORDINA\ CE. No. 5 . of :1 884.
Bankruptcy anal Insolvency.
bankrupt not in prison or custody shall at all times after such surrender,
attend the assignees, upon every reasonable notice in writing for that
purpose given by them to him or left at his usual or last known place of
abode, and shall assist such assignees in making out the accounts of
his estate : and such bankrupt after he shall have surrendered may at
all reasonable times before the expiration of such tithe as shall be
allowed
to him to finish his examination, inspect his books, papers and writings
in the presence of his assignees or any person appointed by them, and
bring with him each time any two persons to assist him : and every such
bankrupt after he shall have obtained his discharge, shall upon demand
in writing given to hinl or left at his usual or last known place of abode
attend the assignees to settle any accounts between his estate and any
debtor to or creditor thereof, or attend any Court of record to give
evidence touching the same, or do any act necessary for getting in or
protecting the said estate: for which attendance lie shall be paid such
sum as the Court shall see fit out of his estate.
As to the last Examination.
60. The Court shall forthwith after the meeting for the choice of stttim
r,,r
an assignee by the creditors appoint a public sitting on a day not later
than sixty days from the date of such meeting, and shall give notice of
such sitting in the Honnkong Government Gazette and in such other
newspapers as the Court may direct for the bankrupt to pass his last
examination and the Court may from time to time enlarge, the time ap-
pointed for such sitting or may adjourn the same.
61. The bankrupt shall prepare such statements of his accounts
and in such forth as General Orders or the Court shall direct, and shall
subscribe such statement and shall file the same in Court ten days at
least before the day appointed for the last examination or adjournment
thereof, and such statement may before such last examination be amend-
ed, from time to time, as occasion may require, and the Court shall
direct,
and the bankrupt shall make oath of the truth of such statement when-
ever he shall be duly requf~recf by the Court so to do, and the last
exami-
nation of the bankrupt shall in no case be passed unless his statement
shall have been duly filed as aforesaid.
62. The statement of accounts when filed in Court shall bQ open to
state,nent «f
accounts to
the inspection of all creditors who may take copies of and extracts from
be open to
the same, subject to such regulations as the Court or General Order
inspection.
nnay direct.
ftnd to .attend
last examina-
statement u t.
bankrupt.
Bankrupt to
,he assisted
''kv Official
Assignee in
preparing
,statement of
accounts.
AeRign°e
t° take
~>ossession of
~xaukrupt's
property.
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
63. In the preparation of such statement of his accounts, the bank-
rupt shall be assisted by the Oflicial Assignee, who shall prepare arid
tile in Court together with such statement a report upon the state of the
affairs of the bankrupt setting forth such facts and particulars as may be
required by the Court, or as it shall in the opinion of such assignee b
important for the Court to be informed of: Provided that if it shall in
any case appear to the Court that there are special circumstances ren-
dering it necessary that the bankrupt should be assisted in the prepar2-
tion of such statement of accounts by some person other than such
Official Assionee, the Court may nominate such person to assist the
bankrupt in that behalf, and may allow to such person out of the bank-
rupt's estate such remuneration as it shall think fit; and in such ;case
the statements so prepared shall have appended thereto a certificate
.Signed by the person appointed to assist the bankrupt in the preparation
thereof expressing his approval or disapproval thereof' and the partic-
ulars and reasons of such disapproval.
As to the Ogicial Assiqnee.
64. Immediately on adjudication it shall be the duty of the Official
Assignee to take possession of the bankrupt's estate, and to retain pos-
session thereof until the appointment of a creditor's assignee ; but if
such
Official Assignee, or if the Court, upon the representation of any credit-
or, shall be of opinion that the keeping possession, of the bankrupt's
property is not requisite for the due protection of the creditors, such
possession shall not be taken or retained by the Official Assignee, and
the Official Assignee may be directed by the Court to give up such pos-
session to such person as the Court shall see fit.
-official 65. Until Assignees shall be chosen by the creditors of the bank-
9ssignee to
a°t ag Sole rapt and appointed by the Court, the Official Assignee shall
to all intents
assignee till
c;reaitors~ and purposes whatsoever be deemed to be the sole assignee of
the bank-
Creditors'
r upt's estate and effects : and if the Court shell so order, may, before,
-chosen,
may sell and l °''
-otherwise assimiees shall be chosen by the credito irs, well or otherwise
dispose of
a
dispose °f
property of anY property = of a bankrupt which shall be of a perishable
nature, or the
° 1
perishable bolding possession whereof until the choice of assinees would.
in the
nature, ;c. g ~ ,
,judgme4 of the Court, be prejudicial to the bankrupt's estate: Provided
v
always that nOthllla herein contained shall extend to authorise any
Official Assignee to interfere kith the .assip;nees chosen by the
creditors
in the appointment or removal of a solicitor or attorney or after such
ORDINA\CE No. 5 of 1864.
Bauhruptey and Insolvency.
choice, in directing the time and manner of effecting any sale of a bank-
rupt's estate or effects.
66. \o Official Assignee shall be personally responsible or liable
for any act done by him, or by leis order or authority, in the elecution
bf his duty as such Official Assi(,nee, by reason of the petitioning cred-
itors, debt or act of bankruptcy upon which any adjudication shall have
been grounded, or of any or either of such matters, being insufficient to
support such adjudication : and no Official Assignee shall be deemed
personally answerable for, or by reason of his having received any money,
bills, notes or other negotiable instruments under.any bankruptcy in his
,character of Offciul Assignee, provided lie shall have paid and deposited
such money, hills, notes or other negotiable instruments during the pro-
secution of the bankruptcy to and in such bank as the Court shall by
order direct to the credit of the particular estate for which such money,
bills, notes or other negotiable instruments shall Have been received, and
shall have given Notice of such payment or deposit (as the case inay be)
-to any person claiming such money, bills, notes or other negotiable
instruments of the Official Assignee: and provided also that tile Official
Assignee after such payment or deposit, shall not have dealt with sack
money, bills-, dotes or other negotiable, instruments otherwise than ill
the execution of his duty as Official Assignee and under the order of
the Court: and if any action shall be brought against the Official
Assignee, either solely or jointly with the creditor's assignee, in
respect of
such money, bills, notes or other negotiable instruments, it shall. be
lawful for the Judge of the Court in which the same action shall be
'brought upon the application of the Official Assignee, and upon an affi-
davit of facts, to set aside the proceedings in such action so far as the
Official Assignee is concerned, with such costs or without costs, as the
Judge shall see fit.
As to First 1lfeeti7nc/ o f Creditors.
. As soon as conveniently 'nay be after adjudication the Court
shall appoint a meeting of the creditors of which ten day s notice shall
lie
liven in the Hongkong Government Gazette and such other n,~wspaper5
as the Court may direct, and sorb meeting shall he, held at such
time and place as the Court shall appoint, and at such rneetin
stlch~oflicer as the Court shall appoint for that purpose shall preside,
and
Official
Aasigueonot -
le,soually
liable for acts
clone in
usecntion
of his rlntv
or for receipt
of hills of
Inolley, 111)011
certain oc,n-
<litions haiy
Performed,
First meetik'
of cmditoix,._
and proof. of.
debt.
ORDINANCE No. 5 or 1`s64.
Bankruptcy and Insolvency.
receive the proofs or the debts of the creditors : the Official Assignee
shall
attend, and give to the meeting the fullest information in his power of
the
estate and effects of the bankrupt and of the debts due from his estate;
arid a majority in value of the creditors present may determine whether
any allowance for support Shall be made to the bankrupt up to the time
of passing his last examination, and may iii the amount of such allowance
if any be allowed.
As to choice of Creditors' A.Si8ignees, and their Power.
Creditors to
choose
11bS1a11CC.
Petitioning
creditor to .
proceed it his
>-n cot
until -choice
,of Creditors'
Assignee.
Estate to vest
in Creditors'
A981gllee.
assignee to
account.
68. At the first. meeting of creditors, or at any adjournment thereof,
it shall be competent to the majority in value of the creditors who have
proved debts to choose an assignee or assignees of the bankrupt's estate
and effects to be called the Creditors' Assignee: Provided that the Court
shall by certificate appoint such assignee so chosen and shall have power
to reject any person' so chosen who shall appear to such Court unfit to be
such assignee, and upon such rejection, a new choice of Creditors'
Assignee and a new appointment shall be made.
69. The petitioning creditor shall at his own cost file end prosecute
his petition until the choice of assignees by= the creditors : and the
Court
shall at or after the sitting for such choice make order for the payment
thereof out of the estate of the bankrupt in course of priority to be
settled
by any General Order to be made in pursuance of this Ordinance.
70. Upon the appointment of the Creditors' Assignee all the estate
both real and personal of the bankrupt shall be divested out of the
Official
Assibnee and vested in the Creditors' Assignee.
71. The Official Assignee shall forthwith render to the Creditors'
Assignee a full and particular account or balance sheet of the bankrupt's
estate, and of all receipts, payments and other transactions of such
Official
Assignee and also a list of all the creditors of the bankrupt who shall
have
proved their debts against the estate.
flreaoors' 72. The Creditors' .Assignee shall audit such account and may
call
tlasi--Tie(' may
Bali for for such information fi'o;xi the Official Assignee as he
possesses concerning
formation.
the estate.
No person to 73, ho person shall be entitled, as against the Official or
Creditors'
withhold
possession of Assignee, to withhold possession of boobs of account of the
bankrupt, of
books,
to claim any lien thereon.
ORDINANCE No. 5 op 1864..
,bankruptcy aizd Insolvency.
74. At the meeting for choice of a Creditors' Assignee or at any
creditor:.
may appoint
other meeting called for the purpose, the majority in value of the
creditors manager.
present may also determine whether a manager shall be appointed to
collect and wind Lip the estate, tinder the inspection of the Creditors'
Assignee or of a committee of creditors, and may appoint such person
with such remuneration out of the estate and generally upon such, terms
and for such period and with such directions as the majority shall think
fit and the remuneration of such manager shall be subject to the control
:and review of the Court.
75. A majority in number and value of the creditors may at any rom,ovniof
meeting duly called for the purpose, remove the Creditors' Assignee or
`~'''
manager or accept his resignation ; and one-fourth in value of the
creditors
who have proved may at any time apply to the Court, by petition for the
removal of the Creditors' Assignee or manager, and if on the hearing of
such petition, the Court shall be of opinion that sufficient reason has
been
shown, it may remove such Creditors' Assignee or manager, and appoint
a meeting of the creditors to be held for electin ; anew Creditors'
Assignee : -
-and if the assignee shall die, resign, or be removed or remain away from
the Colony for three months at any one time, any creditor may apply to
the Court to appoint a meeting for electing a new Creditors' Assignee,
and the Court may accordingly appoint a meeting, whereof at least seven
days' previous notice shall be given in the Honghova Government Gazette
and such other newspapers as the Court may direct, and such meeting
may elect a new Creditors' Assignee accordingly.
76. In all cases of the election o- 10a new Creditors' Assignee, the Mode
of
electing new
proceedings shall take place in like manner as is hereinbefore provided
in creditors'
the case of the first election and the new Creditors' Assignee shall
have Assignee.
the same powers and perform the same duties as the Creditors' Assignee
first chosen, and shall call to account such Creditors' Assignee, his
heirs,
a
executors, administrators, or assigns as the case may require.
` 77. No valuation off bankrupt's property shall be made unless the a5 t.
r
'aluaiion of
Court shall so direct: and any valuation required by the creditors shall
i>,rupt's
be made in such manner and upon such terms as general orders shall from
property.
time to time direct.
78. The Creditors' Assignee shall manage; and cNcept as herein Duties of
(Creditors' -
provided, realize and recover the estate belonging to the banl-rupt, and
Assignec.
.shall convert the same into n ioney, and shall dispose of all monies not
C-c-(1itors'
i
Assignee to
render
accounts to
Official
A ssignee.'
Assignee may
aitpoint
banktwpt to
tuanage
eai;atC.
Power for
at,~aignees to
sell bank-
rupt's book
debts.
Disposal of
bankrupt's
books, after
ltWa$aira are
wonndwp.
Oil removal
of Creditors'
Assignee,
Official
A.ei,uee may
be appointed.
ORDINANCE- No. 5of 1864.
Bankruptcy and Insolvency.
necessarily retained for current expenses, and all bills, notes, and
negotiable-:.
instruments belonging to the estate, at such time and in such manner
a$-.a,,
General Order shall on that behalf direct.
79. The Creditors' Assignee shall from time to time and so often n4
any General Order shall direct, render to the Official Assignee a. debtor
-
and creditor account of all movies received and paid by Kiln on account
of the bankrul>t or his estate verified on oath as a full, true and
faithful
account of his receipts and payments as such Creditors' Assignee and `the-
Court may examine any account which may be made by or may corrie
into the hands of the Official Assinnee.
80, The Assignees may with the approbation of the Court appoint
the bankrupt himself to superintendent the management of the estate, Or-
to carry on trade for behoof of the creditors, end in all or any other
respects-
they may think fit to aid them in administering the bankrupt's estate and
,
effects in such manner and on such terms as they may think best for the-
benefit of the persons interested in the estate.
81. At any time after the expiration of twelve months lrorrt.,
adjudication, or at any earlier period with the approbation of the Colzr~t
the Assignee may sell by auction or tenditi, or with the sanction of the
Court by private contract, all or any of the book debts due, or broivirfb
-
due to the bankrupt, and with the sanction of the Court the books
relating,
thereto, and the goodwill of his trade or business, and assign the same
to.
the purchaser: and such purchaser shall by virtue of the assiaymeilt have-
power to sue in his own name for the debts assigned to him as
effectually,.
and with the same privileges concerning proof of the requisites of bank-
ruptcy and other matters, as the assignee himself.
8`a'. When the affairs of the bankrupt are fully wound up, tire Court
may, subject to the directions of any General Order, make from time to,,
tinge such orders as in each case seems fit respecting the disposal or
custody
of any books, papers or documents relating to property or affairs in then-
possession or under the control of the Offlciaf Assignee or any other
person:
83. If the Creditors' Assignee shall wilfully fail to observe any of
the directions herein contained or shall be guilty of any neglect in the
performance of his duty, or it shall be made to appear ato the Court on .
-the application of any two or more creditors that it would be for the
benefit of the estate that such Creditors' Assignee should not continue
-to
have the management and administration of the bankrupt's estate, tlr°°f;~
OE,DIVAINCE NQ. .5 op 1864.
Bankruptcy at:d Insolvency.
Court may either appoint the Official Assignee to act jointly with such
Creditors' Assignee, or remove such Creditors' Assignee, and direct a
choice of another Creditors' Assignee or appoint the Official Assignee
alone to wind up and administer the estate under the bankruptcy, and, if
a change of assignees shall thereupon take place, the estate of the
bankrupt shall, by order of the f3ourt, be divested out of the assignee
removed by the Court, and vested in the assignee chosen or appointed
under this section.
84. All powers vested in any bankrupt which he might legally
execute for his own benefit, may be executed by the assignees for the
benefit of the creditors, in such manner as the bankrupt might have
executed the same.
85. Where according- to law any conveyance or 'assignment of any
real or personal property of a bankrupt would be required to be
registered,
enrolled, or recorded in any Registry Office in Hongkong, then and in
every such case the certificate of appointment of assignees of the estate
and effects of the bankrupt shall be registered in the Registry Office,
Court or place wherein such conveyance or assignment would require to
be registered, enrolled or recorded, and such registry shall have the like
effect to all intents and purposes, as the registry, enrolment or
recording
of- such conveyance or assignment would have had : and the title of any
purchaser of any such property for valuable consideration without notice
of the bankruptcy, who shall have duly registered, enrolled or recorded
his purchase deed previous to the registry hereby directed, shall not be
invalidated by reason of such appointment of assignees, or of the vesting
of such property in them consequent thereupon, unless the certificate of
such appointment shall be registered as aforesaid within two months from
the date of such appointment.
86. The Court may, upon the application of the assignees, or of
any purchaser from. them of any part of the bankrupt's estate, if it shall
see fit, order the bankrupt-to join in any conveyance of such estate or
any part thereof: and if he shall not execute such conveyance within
the time directed by the order, such bankrupt and all persons claiming
under him shall be stopped from objecting to the validity of s4ch con-
veyance : and all estate, right, or title which such bankrupt had therein
shall be as effectually barred by such order. as if such conveyance had
been executed by him.
Assigiwas to
have all
powers
bankrupt
Might bave
bad.
Certificate of
appointment
of assignees
to be register-
ed Where any
conveyanceof
bankrupt's
property
wonid recluir<:
to be
re,istered,
court may
order bank-
rupt to joili
in convcy-
Conditional
estate grant-
-cd by bank-
rupt may be
redeemed by
assignees.
If a member
of a firm bc-
c:omes bank-
.:rupt Court
m ky author.
iReaction or
htiit in name
:of assignees
and of re-
maining
partner.
ORDINANCE No. fi of 164.
Bankruptcy and Insolvency.
87. If any bankrupt shall have granted, conveyed, assured or
pledged, any real or personal estate, or deposited any deed, such grant,
conveyance, assurance, pledge or deposit being upon condition or power
of redemption, at a future day, by payment of money , or otherwise, the
assinnees may, before the time of the performance of such condition
make tender, or payment of money, or other performance, according.to
such condition, as fully as the bankrupt might have done: and after such
tender, payment or performance, such real or: personal estate may be sold
and disposed of for the benefit o£ the creditors.
Assignees to $$, The assignees shall be subject to the orders of the Court
in
be subject to
the order of their conduct as assignees : and the Court may at all times
summon the
the Court. -
assignees, and require them to produce all books, papers, deeds,
writings.,'
or other documents relating to tile bankruptcy in their possession,
and direct them to pay and deliver over to the Official Assignee, all
movies, boobs, papers, deeds, writings and other documents which may
have come to their possession as assignees.
89. If any person adjudged bankrupt shall at the time of the adju-
dication, be a member of a firm the Court may authorise the assignees
upon their application to commence or prosecute any action at Law or
s't in Equity, in the name of such assignees and of the remaini
in D9 part-
ner, against any debtor of the partnership, and such judgment, decree, or
order may be obtained therein as if such action or suit had been
instituted
with the consent of such partner, and if such partner shall exe cute any
release o£ the debt or demand for which such action or suit is instituted,
such release shall be void: Provided that every such partner shall
have notice biven iron of such application, and be at liberty to show
cause against it, and if no benefit be claimed by him by virtue of the
said
proceedings, shall be indemnified against the payment of any costs 'in
respect of such action or suit, in such manner as the Court lnay direct:
and such Court may, upon the application of such partner, direct that he
mad receive so much of the proceeds of such action or suit' as tine
Coill~t`
shall direct.
a~sisnees 90. The assignees with the leave of the Court first obtained upon
may i.nstitnto
or defend application to such Court but not otherwise, may commence,
prosecute
actions and
compound for or -defenA, any action at Law or suit in Equity which the
bankrupt might
debts due to
the estate, have commenced and prosecuted or defended, and in such case,
the casts
and submit
disputes to to which they may be put in respect of such suit. or action
shall be
_arbitrati<,w allowed out of the proceeds of the estate -and effects of
the bankrupt : and.
OIIDI\TANCE 1\0. 5 of 1864.
Bankruptcy and Insolveoaey.
with like leave of the Court, after notice to such creditors and subject
to
such conditions (if any') as to.obtainin g the consent of creditors, or
any
proportion of them, as the Court shall think fit to direct, the assignees
may take such reasonable hart of any debts due to bankrupt's estate as
may by composition be ;otter, or may give time or take security for the
payment of such debts : and rrlay submit to arbitration any difference or
dispute between the assignees and any other person, for or on account,
or by reason of anything relating to the estate and effects of the
bankrupt.
91, All persons from whom the assignees shall have recovered any
real or personal estate, either by jud~inent or decree, are hereby
discharged
in case the adjudication or petition for adjudication, be afterw ards
annul-
led or dismissed from all demands which may thereafter be made in re-
spect of the same by the person against whom such adjudication was made,
and all persons claiming under him ; and all persons who shall without
action or suit, bona fide. deliver up possession of any real or personal
estate to the assi;0'nees, or pay any debt claimed by them, are hereby
discharged from all claim of any such person as aforesaid, in respect of
the same or any person claiming under hiul: Provided the persons so
delivering up any real or personal estate or paying any debt, shall not
have had notice of art action, suit, or other proceeding dispute or annul
the adjudication or petition for adj udication, and such action, snit; or
other
proceeding shall not have been commenced mid prosecuted within the
time and in manner allowed by this Ordinance.
92. If guy assignee indebted to the estate of which he is such
tl'ssinnee in respect of money being pert of the estate of the bankrupt
retained or employed by him, become bankrupt and obtain his discharge,
it shall have the effect only of freeing his person from arrest and impri-
sonment ; but his future effects (his tools of trade, necessary house-
hold goods and the necessary wearing apparel if himself, his wife: and
children excepted) shall remain liable for so much of his debt to the
estate
of which he was assibnee, qs shall not be paid by dividends under his
bankruptcy, and for interest at the rate of twelve per teat her annum on
the whole debt.
93, Whenever an assignee shall 'die or be removed, ay a new
assinnee shall be chosen, no action at Law or suit in Equity shall be
thereby abated, but the Court in which any action or suit is depending
inay, upon the suggestion of such death, or removal and new choice,
if petition or
adjudication
be annulled
froRcc., parsons
mwhom
the assignees
have recover-
ed or who
have bona
fide paid the
assignees,
&a., dischar-
ged from
claims 1>y the
hankr,zp%.-
If assignee
indebted to
bankrupt's
estate be-
comes bank-
rupt his dis-
cliarge shall
not release
his future
effects in re-
spect of such
debt.
Suits not to
abate by
death or re-
moval of -
assignecs.
If assignees
commence
action before
time allowed
o dispute
the bank-
ruptcy has
elapsed, debt-
or to estate
may pay .
money into
,Court.
ORRIVANCE Wo. Z- oF'1864..
13ankvuptcy and Insolvency:
allow the name of the surviving or new assignee to be substituted in the
place of the former : and such action or suit shall be prosecuted in the
name or names of the said surviving or new assignee or assignees, in
the carne manner as if he had originally commenced the same.
94. If the assignee commence any action or suit for any money
due to the bankrupt's estate, before the time allowed for the bankrupt to
dispute the bankruptcy shall nave elapsed, any defendant in any such
action or suit, shall be entitled, after notice given to the assignees, to
pay the same or any part thereof, into the Court in which such action or
suit is brought; and all proceedings with respect to the money so paid
into Court shall thereupon be stayed until such tinge shall have elapsed;
and if within that tune the bankrupt shall not have commenced such
action, suit or other proceeding, and prosecuted tile carne with due
diligence, tile money shall be paid out of Court to the Official Assignee,
but otherwise shall abide the event of such action, suit or other proceed-
ing : and upon such event shall be paid out of Court, either to the
Official Assignee or the person adjudged bankrupt as the Court shall
direct; and after such payment of money so made into Court, it shall not
be lawfuVor the person adjudged bankrupt to proceed against the defend
ant for the recovery of the same nloney.
Limitation of 95. Every action brought against any person for any thing
done
_;~et'°7`' in pursuance of this Ordinance shall be commenced within three
months
next after the fact committed : and the defendant in any such action
<xcrieral i,'u°. may plead the general issue and give this Ordinance and
the special
matter in evidence at the trial, and that the carne was done by authority
of this Ordinance ; and if it shall appear so to have been done, or that
such action was commenced after the time limited as aforesaid for bringing
the same, the jury shall find for the defendant; end if there be a verdict
for the defendant, or if ~ he plaintiff be non-suited, or discontinue his
action or suit after appearance thereto, or if upon demurrer, judgment
shall be given against the plaintiff, the defpndpnt shall receive such
full
and reasonable indemnity as to all costs, charges and expenses incurred
in and about any such action as shall be taxed by the proper officer in
that behalf, subject to be reviewed in like manner by the same authority
as any ot'ller taxation of costs by such officer.
C°lrrt may 96, I rl case of any claim, diapte or difference between the
Official
determine on
-all differences Assignee, the Creditors' Assignee, and the creditors of
any bankrupt or
ORDINANCE \To. 5 of 1864,
Bankruptcy and Insolveacy.
:any of such persons, or between any persons claiming under a trust deed,
deed of arrangement, relatin; to any bankrupts or debtor's estate, or to
any
money or property claimed as part of the estate of any bankrupt or
debtor, either party may apply to the Court, and the Court may deter-
mine the same, and may summon and examine upon oath, the Ofpicial or
Creditors' Assignee, trustee or any other person whomsoever as to any
matters and tbinas concerning the bankruptcy or trust estate, and may
-direct such enquiries, and hive such directions, and make such orders
relative thereto, as it sball see fit: and may award costs personally or
iii
-any other manner against the Official or Creditors' Assignee, trustee or
-any other person : Provided that in all cases in which a resolution his
been come to by a majority in number and value of the creditors assem-
bled in a meeting, regard sllalt be had by the Court to such resolution,
and the same shall not be set aside by the Court unless such resolution
shall in the opinion of the Court be unjust or inequitable and not fit to
be binding and conclusive under this Ordinance.
Power of the Court over certain descriptio?is of property.
9'7. If any bankrupt at the time be becomes bankrupt shall, by the
,consent and permission of the true owner thereof, have in his possession
order or disposition, any goods or chattels whereof he was reputed owner,
-or whereof he had taken upon him the sale, alteration or disposition as
owner, the Court may order the same to be sold and disposed of foe the
benefit of the creditors under the bankruptcy : Provided that nothing
herein contained shall invalidate or affect any transfer or assignment of
any ship or vessels, or any share thereof, made as a security for any debt
-or debts either by way of mortgage or assignment, duly registered accord-
ing to the provisions of any Act of the Imperial Parliament now or here-
after in force relating to the registering of British vessels.
98. If any bankrupt beiua at the time insolvent, shall (except upon
the marriage of any of his children or for some valuable consideration)
have conveyed, assigned,-ror transferred to any person any
heredita.rnents,
.offices fees, annuities, leases, foods, or chattels, or have delivered
or male
over to any person any bills, bonds, notes, or other securities or have
transferred his debts to any other person or into any other persRn's name,
the Court may order the same to! besold and disposed of for the benefit
-of the creditors under the bankritlotcy,-and every such sale shall be
valid
against the bankrupt and such persons and all persons clahninb under him.
between
assignees
surd oreditora
or between .
parties claim-
ing under
trust deeds.
Goods in tree
pO~HeSAtotl,
order, or dis-
position of
tine bankrupt
to be deemed
leis property.
Proviso fur
assignments
of vessels.
Power of
Court over
certain.
conveyances,
Zc., made by
Iraokrupt.
wb ere bauk-
,,
rupt beneti-
e3 ally c-ntitled
to Stock,
Court mad
make order
for transfer.
Discretion in
(Joust as to
the dISiJUBFII
of property
id certnirt
ORDINANCE No. 5 or 1864.
Bankruptcy and hasolveneJ.
99. I£ any bankrupt shall have any Government funds or stock o
any public company standing in his name or in his own right, the Court
may by writing order all persons whose act or consent is thereto neces-
sary to transfer the same into the name of the assignees, and to pay all
dividends upon the same to the Official Assignee; and all such persons
whose act or consent is so necessary are hereby indemnified from all
things done or permitted pursuant to such order.
100. No distress for rent made and levied after an act of bank-
to be ava,i.-
>rr)u for more ruptcy upon the goods and effects of any bankrupt whether
before or
than ono
year's rent after the filinb of the petition for adj udication, shall be
available for more
`l'`' , than one year's rent, accrued prior to the day of the filing of
such
The i.arlaioaa petition: but the landlord or persons to whom tile rent
shall be due shall
to prove for
the residue. be allowed to come in as a creditor for the overplus of the
rent due, arid
for which the distress shall not be available.
101. In any case where guy person, against whom an adjudication
may have been made under this Ordinance, may be entitled to any annu-
ity for his own life, or other uncertain interest, or to any reversionary
or continent interest, or to property under such circumstances that the
immediate sale thereof for payment gf his debts may be very prejudicial,
to him and deprive him of the means o£ subsistence which he might
otherwise have after payment of his debts, and it may be proper to
authorize
the raisins of money by ways of 111ortga~e for payment o£ the debts, or
part
of the debts of such person, instead of sellinn the property o£ such
person
for that purpose, the Court may tape into consideration all circumstances
affecting the property of any such person; and if it shall appear to the
Court that it would be reasonable to make any special order touching
the same, the Court may do so, and direct that such property as it may
be expedient not to sell, or not to sell immediately, according to the
pro=
visions of this Ordinance, shall not be sold, and may from time to time,
direct in what manner such property shall he managed for the benefit of
the creditors of such person, until the same , or -
until payment of all such creditors, according to the provisions o£ this
Ordinance, shall have been made, and may make all such orders touching
the sale er disposition of such property as the Court shall see fit, con-
siderinn the rights of the creditors and the future benefit of such
person.--
after payment of leis debts, and upon such terms and conditions with
respect to the allowance of interest on debts not bearing interest or
other
ORDINANCE, No. -5 of 184.
Bankruptcy and hasoluencv,/.
circumstances, as the Court shall see fit; and if it shall appear to the
Court that the debts of such person can be discharged by means of money
raised by way of mortgage on any property of such person, instead of
raising the same by sale, the Court may so order, and may give all ne-
cessary directions for such purpose, and generally direct all things which
may be proper for the discharge of the debts of such person, in such
manner as may be most consistent with the interests of such person in
any surplus of his effects after payment of such debts; and in every such
-case. the discharge of such bankrupt, shall not be held to discharge him
or his estate from any debt secured by him by way of mortgage or other-
wise under this section.
102. If any bankrupt shall as trustee be seined, possessed of or
entitled to either alone or jointly, any real or personal estate, or any=
interest secured upon or arising out of the same, or shall have standing
in his name as trustee, either alone or jointly, any Government stock,
funds, or annuities, or any of the stock o£ any public company, the
Court on petition of the person entitled in possession to the receipt of
the rents, issues, and profits, dividends, interest, or produce thereof,
on
,due notice riven to all other persons, (if any) interested therein, may
order the assignees, and all persons whose act and consent thereto is
necessary, to convey assign or transfer the said estate, interest, stock,
funds, or annuities to such person as the Court shall think fit, upon the
F.aame trusts as the said estate, interest, stock, funds, or annuities
were
subject to before the bankruptcy, or such of thorn as shall be then sub-
sisting and capable of taking effect, and also to receive and pay over the
rents, issues and profits, dividends, interest or produce thereof as the
Court shall direct.
103. No title to any real or personal estate sold under any bank-
ruptcy shall be impeached bay the bankrupt, or any person claiming
,under him, in respect of any defect in the petition for adjudication, or
in
any of the proceedings.underAthe same, unless the bankrupt shall within
the time allowed by this Ordinance bade commenced proceedings to
-dispute or dismiss the petition or adjudication and duly prosecuted
the same.
104. After any adjudication shall have been advertised in the
Hongkong Government Gazette, the Court rnay order any Treasurer or
.other officer or any banker, attorney; or solicitor, or other agent of
the
Where bank-
rout is a,
rrnatee the
court may
order cen-
assignment
to Ali othor
trustee,
Titles to pro-
perty sulcl
not to be
irnpea<;bcd
unless pro-
ceedings
taken f,orwl nnL-
alla alley
rlrososutod. -.
rne Court,
after adju- -
dica,tion may
order an.
Treasurer,.
xc:, or agent
of the bank-
rupt; to . -
deliver all
moneys, &c.
Payments,
coyveyanoca,
contracts, &c.,
executions
against lands
(if executed
by seizure)
to be valid, if
nn notice of
)rior act of
arrnlcruhtey.
But nothing
herein to give
validity to
payments
eCc., by way
of..fjaudulent
jiie,fereric®.
Tton&fide
purchases not
to be impeach-
ed by notice
of act of bank-
ruptcy, un-
less petition
filed within
twelve
months after
the act of
bankruptcy.
ORDINANCE No. or 186 4.
Bankruptcy and Insolvency.
bankrupt, to pay and deliver over to the Official Assignee all moneys, or
securities for money; in his custody, possession, or power as such Treas-
urer, officer, banker, or anent, and which he is not by law entitled to~
retain as against the bankrupt or his assignee.
As to trcz7zsactions not afected by Bankruptcy.
105. Every payment really and bond fide made by any bankrupt,
or by any person on his behalf, before the filing of a petition for
adjudi-
cation to any creditor of such bankrupt, and every payment really and
bondfide made to any bankrupt before the filing of such petition, and
every conveyance by any bankrupt bona fide made and executed before
the filing of such petition, and every contract, dealing, and transaction,
by and with any bankrupt really and bond fide made and entered into
before the filing of such petition, and every execution and attachment
against the lands and tenements of any bankrupt bond fide executed by
seizure, and every execution and attachment against the goods and chat-
tels of any bankrupt bond fide executed and levied by seizure arid sale-
before the filing of such petition, shall be deemed to be valid, notwith-
standing any prior act of bankruptcy by such bankrupt committed,
provided that the person so dealing with, or paying to, or being paid by
such bankrupt, or at whose suit; or on whose account, such execution or,
attachment shall have issued, had not at the time of such payment,
conveyance, contract dealing or transaction, or at the time of so
execut3~%b
or levying such execution or attachment, or, at the time of making any
sale thereunder, notice of any prior act of bankruptcy by him committed;
Provided also, that nothing herein contained shall be deemed or taken to,
give validity to any payment, or to any delivery or transfer of any goods
or chattels made by any bankrupt being a fraudulent preference of any
creditor, of such bankrupt, or to any conveyance, or equitable mortgage
made or given by any bankrupt, by wayof fraudulent preference of any
creditor of such bankrupt, or to any execution founded on a judgment -
on a warrant of attorney or cognovit actionemror Nudge's order obtained
by consent given by any bankrupt by way of fraudulent preference.
106. No purchase from any bankrupt bona fide and for valuable
consideration cohere the purchaser had notice at the time of such purchase
of an act of bankruptcy by such bankrupt committed, shill be impeached
by reason thereof unless a petition for adjudication shall have been filed
within twelve months after such act of bankruptcy.
ORDINANCE No. 5 of 1864.
Bankruptcy rind Insolmencj.
10'x. Every warrant of attorney to confess j udgment in any per-
sonal action liven by any bankrupt after the commencement of this
Ordinance, and within taco months nest before the filing of a petition for
adjudication by or against such bankrupt, and being wholly or in part
for or in respect of an antecedent debt or money demand; and every
GOg9t02'2t actionem or consent to a Judge's order for judgment liven by
any bankrupt at any time after the commencement of this Ordinance and
within two months next before the filing o£ any such petition, in any
action commenced by collusion with the bankrupt and not adversely, or
purporting to have been b,iveli in an action, but having been in fact
liven
before the commencement of such action against the bankrupt, such
bankrupt being unable to meet his eu~anoernents at the time of givin
such warrant of attorney, cognouit actionen?, or consent (as the case may
be) shall be null and void, as against the assibnees and creditors under
tile bankruptcy of such debtor whether the same shall have been given
by such debtor in contemplation of bankruptcy or not.
108. And whereas an Act hissed the Imperial Parliament in tile
third year of the reign of His late Majesty King George the Fourth
intituled An Act for preventing frauds upon creditors by secret warrants
of attorney to confess judgment: and whereas it is expedient to extend
the provisions of that Act; be it enacted and ordained that the Iast
mentioned Act shall extend to the provisional or other assignee or
-lissanees of every prisoner chose estate shall after the expiration of
twenty-one days next after his execution of such -arrant of attorney
or giving of such cngnoLit actionem as therein mentioned, be vested in'
the Provisional Assibnee of the Court, by virtue of this Urdinalice, as if
the last mentioned Act had been expressly herein enacted and ordained;
and every such warrant of attorney, and judgment and execution thereon,
and every such cognovit actionem and judgment entered up thereon as
are declared by the last mentiosed Act to be fraudulent and void against
the assignees mentioned therein shall be deemed equally fraudulent and
void against the Official o_v other assignee or assignees of such debtor
appointed under this Ordinance; and such Official or other assignee or
nssionees shall be entitled to recover back, and receive for the use of
the
creditors of such debtor, all and every monies levied and effects seized
under or by virtue of any such judgment or execution.
108. Every creditor of the bankrupt may after adjudication prove proof
inCouit
his debt b deposition in Court or in Chambers or before any officer °' in
o>ia''-
y y b°rs or before
certain %nar-
rants-of fat-
t°mey cog-,
naz: its, and
consents to
Judge's order
given within
two months
of filing peti-
tion to be
null find void.
Provisions of
:3 Goo. 4 0, 39
l.xt°nmd to
flS61rI10Cd.
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolroe2ac.y.
offlioer ap- appointed for that purpose at any meeting of creditors
elsewhere than in
a'~dAV t ~'-»9 Court, or by affidavit upon his own oath, or upon that of
any other person
in his employment: Provided that where such deposition or affidavit
shall be made by any other person than the, creditor, the deponent shall
in his deposition or affidavit, set forth that he is duly authorized by
his
principal .to make.-the deposition or affidavit, and that it is within
his own
knowledge, drat the debt was:iucurred, and for the consideration stated..
and,that to the best of his knowledge and' belief the--,.debt still
remains
mipaid and unsatisfied.
Proof by
False decrara-
tioa a mis-
demeanor,
110. Every creditor of the, bankrupt may also after adjudication,
prove his debt, by delivering or sending through the general Host; before
the apyointment of a 'Creditors' Assignee to the Official Assignee and.
after such appointment to the Creditors' Assignee a statement of such
debt and of the account if guy between the creditor and the bankrupt,
together with a declaration signed by the creditor, appended thereto, that
such statement is a full, true, and complete statement of account between
the creditor and the bankrupt, and drat the debt thereby appearing to be
clue from the estate of the bankrupt to the creditor is justly due: and
all
bodies politic and, public companies incorporated, or authorized to sue or
bring actions, may. prove by an agent, provided such agent shall in this
declaration declare that he is such agent, and that he is authorized to
ryalre such proof: and such declaration sinned by such creditor and aneiA
:
respectively as aforesaid, shall be in such form as General Orders shall
direct.
111. Any person who shall wilfully 'and corruptly make any declara-
tion for proof of debt as aforesaid, knowing the same, or the statement
of-
account to which the same shall be appended, to be untrue in any material
particulars, shall be deemed guilty of a misdemeanor, and shall be liable
to undergo the pains and penalties inrposd'tl upon persons guilty of
wilful .
and corrupt perjury.
Official 112. '.'he Official or Creditors' Assignee, as the case may be;
shall
Assignee to
examine all exarllrne all the statements of account as aforesaid and
compare the same
statements of
account, and with the,boola, accounts and other documents of the
bankrupt, and shall
make °'t list
of eredit9rs from time to time make out a list of the creditors who have
proved their
-who have
debts, stating the amount and nature of .such debts, which list shall be
open to the inspection of any creditor who has proved under the estate.
ORDINANCE: NO' 5 0~ 18644.
Bank Vcy 'and bisw'renoy.
113. The Court may, on the application of the assignee, or of any
creditor, or of the bankrupt, or without any application, examine upon
oath or otherwise any person tendering, or who has made a proof, and
may summon any person capable of giving evidence concerning such
proof, and, in' like manner, where the debt is tendered on affidavit or
statement, as hereinbefore provided, may summon and examine on oath
or otherwise, the person who has made the affidavit or statement, and
any other person capable of giving evidence concerning the debt sought
to be proved.
114.. Every person with whom any bankrupt shall have really and
honc2.fide contracted any debt or demand before the filing of the petition
for adjudication shall notwithstanding any prior act of bankruptcy com-
mitted by such bankrupt, be admitted to prove the same, as if no such
act of bankruptcy had been committed, provided such person had not, at
the tune the satrie was contracted, notice of any act of bankruptcy, by
such bankrupt committed.
115. A person entitled to enforce against the bankrupt payment of
any money, costs, or expenses by process of contempt issuing out of any
Court shall be entitled to conic in, as n creditor under the bankruptcy,
and prove for the amount payable under the process, subject to such,
ascertaining of the amount as may be properly had by taxation or
otherwise.
116. In all cases in which the bankrupt is liable to pay any rent
or other payment falling due at fixed or stated periods, and the adjudica-
tion shall happen at any tine other than one of such fired or stated
periods, the person entitled to such rent or other payment may prove for
a proportionate part thereof up to the day of the adjudication in such
manner as if the said rent or payment grew due from day to day ,and not
at such fixed or stated periods as aforesaid.
117. If any debtor shall at the time of adjudication be liable upon Proof
in
any bill of exchange or promissory note in respect of distinct contracts,
as member of two, or more-firms carrying on separate and distinct trades,
and having distinct estates to be wound up in bankruptcy or as a sole
trader and also as the member of a firm, the circumstance that such firms
rite in. whole or in part composed of the same individuals, or than the
sole
contractor is also one- of the joint contractors, shall not prevent proof
and
receil>t of dividend in. respect of such distinct contracts against the
estates
respectively liable upon such con-tracts:
Power to -
examine upon
oath-allegeU%,
d-
Cr(:dltUl'3,
Bax&, fide=
creditors in re.
spect of dcbt-
contracted
after an get
of bankruptcy
may prose.
Proof for
money, costs,
&c., of wbich
payment may
be enforced
by process
of-contempt.
Proof for ..
proportionate
part of rent
and other
payments
falUna due at
fixed periods.
respect o£ dis-
tinct con.
tracts.
Proof in re-
-spect of unli-
ciuidated
Proof for
premiums
upon policies
.of insurance.
I3ayments of
;assessed taxes,
ORDINANCE No. 5 OF :186.
Bankruptcy and Insolvency.
11$. If any bankrupt shall at the time of adjudication be liable,
by reason of any contract or promise, to a demand in the nature of
damages which have not been and cannot be otherwise liquidated or
ascertained, the Court may direct such damages to be assessed either, by
a jury before itself, or in the Court of Summary Jurisdiction without a
jury, and to give all necessary directions for such purpose; and the
amount of damages, when assessed, shall be provable, as if a debt due, at
the time of the bankruptcy; Provided, that in case all necessary parties
agree, the Court shall have power to assess such damages without the
intervention of. a jury, or a reference to the Court of Summary
Jurisdiction.
119. If any bankrupt shall at the time of adjudication he liable by
reason of any contract or promise to pay premiums upon any policy of
insurance, or any other sums of money, whether yearly or otherwise, or
to repay to or indemnify any person against any such payrnents,,tlre
person entitled to the benefit of such contract or promise may, if he
thick
fit, apply to the Court to set a value upon his interest under such
contract
or promise, and the Court is hereby required to ascertain the value
thereof,
and to admit such person to prove the amount so ascertained, and to
receive dividends thereon.
120. The Court, out of the estate and effects of the bankrupt, shall
order payment of all duties, rates, taffies and Crown rents due from the
bankrupt at the tune of his bankruptcy.
One year°s 121. The Court, out of the estate and effects of the bankrupt,
shall
local rates
may be paid order payment of all such rates as may be due from him at the
time of
bk,fnll' his being adjudicated a bankrupt, provided such rates have become
due
d-ing the twelve months immediately preceding the bankruptcy.
ui
Three rnontns 122. When any bankrupt shall have been indebted, at the time
of
wages or sal-
ary.to be paid filing the petition for adjudication, to any servant or
clerk of such bank-
to clerks or .
Servants. rapt, in respect of the wages or salary of such servant or
clerk, so much
as shall be so due, not exceeding three months wanes or salary, and not-
exceeding five hundred. dollars, may be paid to, such servant or clerk out
of the estate of such bankrupt: and such servant or clerk may prove for
any sum exceeding such amount.
i.;fky dollars 123. When any bankrupt shall have been indebted, at the
time of
))wAidagetos film; the petition for adjudication, to any lrtbourerer or
workman of such
workman. labourer ar bankrupt, ire, respect of the wages or labour of such
labourer or workman
so much as shall be so due, not exceeding fifty dollars may be paid to
ORDINANCE No. 5 .,o-F 1864.
Bankruptcy and Insolvency.
'-such labourer or workman out of the estate of such bankrupt; and such
labourer or workman may prove for any suui exceeding such amount.
124. Where any person shall have b3en an apprentice to a bank-
rupt at the time of the filing of` the petition for adjudication, the
filing of
such petition shall, unless all necessary parties shall consent in writing
that the indenture shall remain in force, be and enure as a complete
discharge of the indenture whereby such apprentice was bound; and if
any sum shall have been really and bond fide paid, by, or on behalf of
such
apprentice to the bankrupt, as an apprentice fee, the Court may upon
proof thereof, order any sure to be paid out of the estate of the said
bank-
rupt to, or for the use of such apprentice, which the Court shall think
reasonable, regard being had, in estimating such suln, to the amount of
the sum so paid by or oil behalf of such apprentice, and to the time
during
which such apprentice shall have resided with the bankrupt previous to
the filing of such petition.
125. Where there has been mutual credit given by the bankrupt and
any other person, or where there arc mutual debts between the bankrupt
and any other person, the Court shall state the account between them,
-and one debt or demand may be set against another, notw ithstandino any
prior act of bankruptcy committed by such bankrupt, before the credit
given to or the debt contracted by him; and what shall appear due on
-either side on the balance of such account, and no more shall be claimed
.or paid on either side respectively; and every debt or demand hereby made
provable against the estate of the bankrupt, may also be set off in manner
aforesaid against such estate, provided the person claiming the benefit of
such set-off, bad not when such credit was given, notice of an act of
bank-
ruptcy by such bankrupt committed.
126. Any person echo shall have riven credit to the bankrupt upon
valuable consideration for any money or other matter or thing whatsoever
which shall not have become payable when such bankrupt committed an
act of bankruptcy, and whether such credit shall have been given upon
any bill, bond, note, or other 'negotiable security, or not, shall be
entitled
to prove such debt, bill, bond, note, or other security as if the same was
payable presently, and receive dividends equally with the other creditors,
deducting only thereout a rebate of interest for what he shall §o receive
at the rate of. twelve per centum per annum, to be computed from the
declaration of a dividend to the time. such debt would have become pay-
able according to the terms .upon which it vas contracted.
Apprentices
to bankrupts
discharged
from their
i n dentures.
Court miry
order tiny slim
to be paid in
respect of nt-)-
pruntice fees.
1Iutiinl debts
and credits
may be set off
notwithstan d-
ing prior act of
b:diikruptcy_
Deedi not
payable at the
time of the
bankruptcy
may be prov-
s ed, deducting
rebate of in-
terest.
sureties and.
ersons liable
~or the debts
of a bankrupt
-may prove
after having
paid such
debt,
sespondentia
'.`-Tiands, and
`:y esuredin
policy of
assurance
ORDINANCE 1V°o. 5 of 186.
Banlcruptcy and Izzsolvencr,~.
12'l. Any person who at the time of filing a petition for adjudica-
tion, shall be surety or liable for any debt or demand of the bankrupt,
provable under this Ordinance, ^ or bail for the bankrupt, either to the
sheriff or to the action, if he shall have paid the .debt or demand or any
part thereof in discharge of the whole debt or demand, (although he may
have paid the same after the filing of the petition for adjudication) if
the.
creditor shall have proved his debt or demand under the bankruptcy,
shall,-
be entitled to stand in the place of such creditor as to the di'6dends and
all other rights under .the bankruptcy which such creditor .possessed or
would be entitled to in respect of such proof: or if' the creditor shall
not
have proved, such surety or person liable, or bail, shall be entitled to
prove his demand in respect of such payment as a debt under the bank-
ruptcy, not disturbing the former dividends, and may receive dividends
with the other creditors, although he may have become surety, liable, or
bail as aforesaid, after an act of bankruptcy committed by-the bankrupt..-,
provided that such person had not when he became such surety or bail,
or so liable as aforesaid, notice of any act of bankruptcy by such
bankrupt
committed.
128. The obligee in any bottornry or respondentia bond, and the
assured in any policy of insurance made upon good and valuable consid-
eration, shall be admitted to claim, and, after the loss or contingency
shall have happened, to prove his debt or demand in respect thereof and
receive dividends with the other creditors, as if the loss or contingency
had happened before the filing of the petition for adjudication against
the
obligor or insurer: and the person effecting any policy of insurance upon
any ship or goods with any person, (as a subscriber or undercvriter)~
having become or becoming bankrupt shall be entitled to prove anyPloss-
to which such bankrupt shall be liable in respect of such subscription,
although the person so effecting such policy was not beneficially
interested
in such'ship or goods, in case the person so interested is not within
the-::
Colony.
Admitted to
Claim and,
after loss to
prove.
x'ersons effect-
fbg insurance
iy~mitted to
Ions: -
nt,nnity129. Any annuity creditor of any bankrupt by whatever assurance
<;reditors
admitted io his annuity be secured and whether there be or be not any
arrears of sucl>F
annuity lie at the time of the bankruptcy, shall be entitled to prove for-
the value of such annuity, which value the Court shall awertaiii regard
being had to the original price given for such annuity, dec-i. acting
there
from such diminution in the value thereof as shall have been caused by-
ORDI\? k1V CE° No: 5 op -18644:
13ankruptqJ grad .Ifsolvency.
the lapse of time since the grant thereof to the tine of the filing of the
petition for adjudication.
130. No person entitled to any annuity granted by any bankrupt,
shall sue any person who may be collateral surety for the payment of such
:annuity, until such annuitant shall have proved against such bankrupt's
testate for the value of such annuity and for the arrears thereof; and if
such
surety, after such proof, pay the amount proved, he shall thereby be dis-
charned from all claims in respect of such annuity; and if such surety
shall not (before any payment of the aclnuity shall have become due after
the bankruptcy) pay the suln so proved, he may be sued for the accruing
payments of such annuity until the annuitant shall have been paid or
satisfied, the amount so proved, with interest thereon at the rate of
twelve
per centurn per annum from the title of notice of such proof, and of the
amount thereof, being given to such surety; and after such payment or
:satisfaction, such surety shall stand in tile place of such annuitant,
in'
respect of such proof, to the nmount so paid or satisfied by such surety,
and the dischahae of such bankrupt, shall be a release to hint, from alh
,claims of such annuitant, or of such surety in respect of such annuity;
provided that such surety shall be entitled to credit, in account with
such
:annuitant, for any dividends received by such annuitant under the bank-
ruptcy, before the surety shall have fully paid or satisfied the amount so
proved.,
131. If any bankrupt shall, before the filing of a petition for adju-
dication, have contracted any debt payable upon a contingency which
shall not have happened before the filing of such petition, the person
with
whom such debt has been contracted may, if he think fit, apply to the
Court to set a value upon such debt, and the Court is hereby required to
.ascertain the value thereof, and to admit such person to prove the amount
so ascertained, and to receive dividends thereon or if such value shall
not
be so ascertained before the contingency shall have happened, then such
person may, after such contingency shall have happened, prove in respect
-of such debt, and receive dividends with the other creditors not
disturbing
any former dividends: provided such person had not, when such debt was
contracted, notice of any act of bankruptcy by such bankrupt committed.
132:: If y bankrupt shall have incurred or become liable to, or,
bound by any contract, covenant, or obligation, or subject to any duty;
.either absolute or upon a contingency respectively, and either present
or,
Sureties fur=
payment of .
annuities
granted by
bankrupt, in
what manner
to come under
the bankrupt-
cy.
Debt contin-
gent at the -
time of the
filing of the
petition to he
provable for -
the valve
thereof ascer
twined by the -
Court, or if
value vat
ascertained
before the
contingency
hashappencd-,
then, after
the contin-
gency has
happened tide
amount of -
debt may be.
peeved.
Liability con-
tingent fit the -
filing of =the
petition='may -
be admitted- to
claim, and
after contin-
gency has
happened
and the de-
mand been
ascertained.
demand -may
be proved.
On 1>ankrupt-
cv.of agent
intrusted with
goads, but
-:wbiah have
been pledged
ba h'tm, owner
nudy=prove for
amount paid
to ieda~m, or
for aaae, if
the goods be'-
nnrctl:emed.
ORDINANCE 1xo. 5 0F 1864.
Bankruptcy anal Insolvency.
future, or whereby, or by reason or on breach whereof respectively he-
shall or may become liable, either absolutely or contingently, to pay
any money or damages, either liquidated or unliquidated, and either then
or at some future tune or times, and the demand in respect thereof shall
not have been ascertained before the filing of the petition for
adjudication
in every such case, if such demand be not provable under any other provi-
sion of this Ordinance, the person with or to whom such liability to pay
has been contracted or incurred may, if he think fit, apply to the Court
to set a value thereon; and the Court is hereby required to ascertain the,
value thereof, and to admit such person to prove the amount so ascertained
and to receive dividends thereon: or such person may if he think fit apply
to be admitted and shall be admitted to claim for such sum as the Court
shall
think fit; and after the contingency, if any, shall have happened, and
the-
demand in respect of such liability to pay, shall have been ascertained,
he-
shall be admitted to prove such demand, and receive dividends with the
other creditors, and so far as practicable, as if the contingency if any,
had
happened and the demand had been ascertained before the filing of such
petition, but not disturbing former dividends; provided that where any
such claim shall not have, either in whole or in part, been converted into
a proof within site months after the filing of the petition for
adjudication,
it may, upon the application of the assignees at any time after the
eYpira--
tion of such time if the Court shall thick fit, be expunged either in,.
whole or in part-from the proceedings.
133. Ifany agent intrusted with the possession of goods within
the meaning of an Act of the Imperial Parliament passed in the Session
holden in ;the fifth and sixth years of the reign of Her present Majesty
intituled ' An Act to amend the Law relating to advances bond fide made-
to Agents intrusted with goods,' shall have become bankrupt, the ovrner-
of any goods so intrusted to such agent, and which shall have been.
redeemed by such owner in manner provided by the said Act after having'
been pledged by such agent, shall, in respect of the sum paid by him on
account of such agent for such redemption, be held to have paid such sum
for the use of such agent before his bankruptcy, or in case such goods,
shall nod be so redeemed, the owner shall be deemed a creditor of such
abent for the value of the goods so pledged at the time of the pledge, and
shall, if he think fit, be entitled in either of such cases to prove for
or set.
off the sum so paid, or the value of such goods, as the case may be. '
GRDRYANCX' Nor 4 c,°°,1.964.
Bank, wptcy and lnsolvency.
134. Upon every debt or sum certain payable at a certain time or
otherwise, whereupon interest is not reserved or agreed' for, and which
shall be overdue at the time of the filing of the petition foi
adjudication,
and provable thereunder the creditor shall be entitled to prove for
interest,
to be calculated at a rate not exceeding twelve per centuni per annum,
up to the date of the filing of such petition, from the time when such
debt
or sum certain was payable,-if such debt or sum be payable by virtue of
some written instrument at a certain time, or if payable otherwise, then
from the time when demand of payment shall have been made in writing,
so as such demand shall give notice to the debtor that interest will be
claimed from the date of such demand until the time of payment.
135. No creditor who has brought any action or instituted any suit
a,
ainst any bankrupt in respect o6 a demand prior to the adjudication, or
which iniaht have been proved as a debt under the bankruptcy, shall prove
a debt under such bankruptcy or have any claim entered upon the pro-
ceedings without relinquishing such action or suit, and the proving or
claiming a debt under a petition for adjudication by any creditor shall be
deemed an election by such creditor to take the benefit of such petition
with respect to the debt so proved or claimed ; provided that such
creditor
shall not be liable to the payment to such bankrupt or his assignees, of
the costs of such action or suit, so relinquished by him, and that where
any such creditor shall have brought an action or suit against such bank.
rupt jointly with any other person, his relinquishing such action or suit
a_g;ainst the bankrupt, shall not affect such action or suit against such
other
person: provided also that any creditor who shall have so proved or
claimed, if the petition for adjudication be afterwards dismissed may
proceed in the action as if he had not so proved or claimed.
136. No creditor having security for his debt, shall receive upon
any such security more than a rateable part of such debt,'except in
respect
of any execution or extent served and levied by seizure and sale upon, or
any mortbane of or lien upon any part of the property of such bankrupt
bQfore the filing of the petition for adjudication.
137. The Court may at any time expunge or reduce a proof of debt How.
proof
y be ex-
on such application and such evidence as it shall think fit, and for the P
purpose may summon and examine upon oath or otherwise any person
who shall have proved together with any person whose ev=idence may
appear to the Court to be material either in support of, or in opposition
ItiteTeSt Upon
debts, when
rrovnny
thotyli trot <_
ieserved or
agreed for.
Proving gear
to be an elcc-.
tioTt not to
proceed
ngai,tst tie
bankrupt by
action.
Creditors
liaving scCttr.
sty not to
receive more
th;n other
creditor.
yy, J ORDINANCE _N o. or,
~v~__. .._ _ _ . .-- .. _..__ .._.____Bankruptcy and hasolcency, to; such
debt, and may make such order as to the costs of any application
in that behalf as it shall see fit.
- order of 138. Fourteen days after any baulkrupt shall have passed his last
-=---fiiisonr;.,ro. eNainination, the Court play make an order to be
called an order of dis-
charge, and such order shall thereupon take effect from the date: thereof
except tile same be suspended as hereinafter provided.
t x`3 i
~6' dihcbarge 139. When the order of discharge shall take effect it shall,
subject
6ikrupt
erom ~n to any condition rnentioned therein, discharge tile bankrupt front
all debts,
a,:°irile lldei° claims and demands provable under his bankruptcy, and
from the effects
any effects
any process issuing oat of any Court for contempt of any Court for
. non-payment of nioney, or of costs or expenses in any Court, and from all
costs which he would be liable to pay in consequence of or on purging his
contempt and any bankrupt in custody under any such process as afore-
said ,.Mill on obtaininw his discharge be entitled to be discharged from
such
custody forthwith.
~` Bankldt,tnot 140. \o bailkri)lat after the order of dischare shall take
effect shall
`1~a~1, wider& ;,,.,y ,s,,,. .z.outrncts,e.~ be liable to pay or satisfy
any debt, claim or demand provable under the.
'ad° 'ft°r bankruptcy, or aany art of such debt claim or demand upon an
contracti ':rllitx Petition y pl Y
i.~. t'dr'ttd~udzcr~
;,' _~i~:. promise or agreement made after the filing of the petition for
adj udication,
r''4 a
-.zbflnkruht 141. If the assignee o) airy creditor shall allege, arid if
the Court
`:pilty of
x ; izisaomonuor, without such allegation shall be of opinion, tlic)t there
is round for
`.'i ourt may
. ,uat~eudn,. cllarglng tile bankrupt with acts or eondl)ct alT:ouuting t0
a llllsdemeallor
.;;~ef~e.°'aer Under this Ordinance the Court may direct the Attorney
General to
~':xaP. rtiscli:n-go. Y
~` prosecute such bankrupt under this Ordinance ; and in any such case tile
order of discharge of such bankrupt shall not be granted until after the
_~ trial of'such bankrupt, glad )nay tliercupora be ;granted or wholly
refused
or suspended front taking effect or be granted upon such conditions as the
Court shall think fit.
If bavkrui,t 142. If it shall ,appear to the Court that the bankru'pt has
carrieel~
' ourried on
cr;ide by fcti. on trade by means of fictitious capital, or~tha't he could
not at the time
t:°°rs cal>ittll, when any of his debts were contacted have had any
reasonable or prob-
Court lay -
refuse or able ground of expectation of being able to pay the same or that
he has
-suspend order. -
with intw)t to conceal the true state of his affairs wilfully omitted to
keep
proper books of account, or that his bankruptcy is attributable to rash
and hazardous speculation or unjustifiable el,ravagance in living, ox that
lie has put any of Lis creditors to unne;;cssary expense by frivolous or
ORDINANCE 'No. & or 18(i4.
Bankruptcy and InIolvency.
vexatious def,:nce to any action or suit to recover any debt or honey due
to him; the Court may either refuse an order of discharge or may suspend
tile salve from tii:ino, effect for such time as it shall think fit, or
may
grant an order of discharge subject to any conditions touching any
,salary,
pay, emoluments, profits, W'iL~_greS, earnings or income which inay
afterwards
become du(: to the bankrupt. and touchiul, after-acquired property of the
bankrupt; as it shall think fit or May sentence the bankrupt to be
iLnllri-
soned for any period not exceedin0 one year.
143. If after the order of <lischarge of such bankrupt shall have taken
effect, he be arrested, or if arty action be brought against him for cony
debt,
claim or demand provable under tile' banl:rulltcyr, he shall be discharged
upon entering an appearance aril May7 plead that the cause of action
accrued before he became a bankrupt.
144. If a bankrupt after the order of discharge shall ta.1;G eff(:ct
shall be arrested or detained in custody for a debt claim or demand
provable under leis bankruptcy where .)LLd~lnel7t rigs been obtained
before
the order of discharge shall take effect, the Court shall on proof of the
order of discharge and unless there appear g00(V reason to the contrary
direct the officer who has the bankrupt in custody to discharge hiiii,
which
shall be done without Fee.
EGet or order
of etiscltm;4c.'
R(Aea.-~e of
1>atnt:ruht
1Vil(`.11 !Lr'1'CStC4t
::ftcr ,tis-
145. The order of discharge slta,ll not release or clisclLarbe any person
t~,tt4ci or.
Order in c;vsc
tvho was a partner vc of the banl:rltptcy,-or
teas of t,:at,mrzA.
then jointly bound or had any joint contract with him.
146. Any contract; covenant or security made or given by a bank-
rupt or other person with or to or in trust for any: creditor for securing
the payment of any money as a consideration or with intent to persuade
the creditor to forbear opposing(),,, the order of discharge, or to
forbear to
petition for a Pehearinn of or to appeal against the same, shall be void,
and
ally money thereby secured. or'aggrced to be paid, shall not be
recoverable,
and the party sued on any such contract or security may plead in ngeneral
that the cause of action accrued pending proceedings in bankruptcy, gild
play give this Ordinance and the sp~cia,l matter in evidence: Vrovidecl
that no such security if a negotiable security shall be void as against it
Lont2 fide holder thereof, fur value without notice of the consideration
for
wllich it was given.
ccntr'axc or
aec;urity with
intent to in-
dum credikw
to forbear
Penalty for
,obtaining
money or
goods as an
inducement
to forbear
opposing
order of dis-
charge.
Reheaiing of
order of
e.
ORDINANCE -No. v o>r 1864.
Bankruptcy and Insolvency.
14'x. If any creditor of a bankrupt shall obtain any sum of money,
or any goods, chattels or security for money from any person as an induce-
ment for forbearing to oppose, or for consenting to the discharge of, such
bankrupt or to forbear to petition for the recall of ,the same, every such
creditor, so offending, shall forfeit and lose for every such offence the
treble value or amount of such money, goods, chattels or security so
obtained.
148. The order of discharge whether suspended or not shall not be
reviewed by the Court unless the Court see good cause to believe that the
order was obtained on false evidence or by reason o£ the suppression of
evidence or otherwise fraudulently: in any of which cases the Court may,
if it think fit upon the application o£ a bankrupt or of a creditor who
has
proved and subject to such deposit for costs, and to such notices by
advertisement or otherwise, as the Court shall thinly fit, grant a
rehearing
of the matter and rehear it accordingly, and upon rehearing the Court
shall make such order as shall seem just as in like manner it might upon
an original hearing.
1 1F order sns- 149. If on such rehearing the Court shall annul or suspend
the
pended on
rehearing order of discharge; all persons having bond ,fide become
creditors of the
-subsequent
creditors to bankrupt between the time the discharge took effect and the
time of its
prove first
against sub- being annulled or suspended on rehearinn, shall as against
any property
sequent , pro-
perty; acquired lY the bankrupt during the same period, and in priority to
the
original creditors, be admitted to prove and have dividends under the
bankruptcy.
Poumqfqrdqr. 150. The order of discharge shall be in such form as General
Orders
shall direct, and shall be under the hand of the Chief Justice and- the
seal
`Xatice to be , of the Court; and notice of the granting thereof shall be
advertised in' the
:~droeftised.
Hongkong Government Gazette.
As to Dividend.
J)ividend. 151. As coon after the adjudication as tL^e Court shall appoint
there
shall be submitted to a meeting of creditors to be called for that
purpose;
and to be held before such officer as the Court shall appoint, of which
meeting ten days' notice shall be given in the Hongkong Government
Gazette and in such other newspapers as the Court may direct, a state-
rnent- of the whole estate of the bankrupt, as then ascertained, of-.the
property recovered, and of the property outs tan ling, specifying the
cause
ORDINANCE \o. -5 of ,1=84.
13ankrtcptcy and Insolvency.
elf its being so outstanding, and of all the receipts,.and of all payments
thereout, made or to be made; and the Official Assignee shall., and any
creditor who has proved may, attend and examine such . statement, and
compare the receipts with the payments; and upon ascertaining,what
balance is then standing to the credit of the estate, the meeting shall by
resolution, declare whether any and what part of the net produce of the
estate, after making a reasonable deduction for future contingencies,
shall
be divided amongst the creditors. At the same meeting the majority in
value of the creditors present shall determine whether any, and what,
allowance shall be made to the bankrupt out of his estate, if he has
obtained or shall obtain his discharge.
152. If nhon such examination it shall appear that any Creditors'
A55ik»eenot
tokeel)money
Assignee has kept in his hands at any time during the space of one week
in hihhanas.
more than the sum of five hundred dollars belonging to the estate, the
.creditors may upon establishing such fact to the satisfaction of the
Court,
and if the assignee shall not show cause to the contrary, debit such
rtssignee with interest for the amount so kept, at any rate not exceeding
twenty-five per centum by the year, for the time such moneys were kept
in his bands.
153. In the calculation of a dividend it shall be imperative to make
provision for debts which shall appear from the bankrupt's balance sheet
or schedule to be due to persons resident in places so distant from the
Court. 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 the subject of claims not yet determined by the Court.
154. In every case where ,joint and separate estates have to be
.ldministered and where the Court shall not otherwise direct, dividends
of the joint and separate estates shall be declared at one and the same
-sitting, and notice of the time,appointed for such dividends when
adverti-
sed, shall be given in one and the same advertisement and the costs,
charges, and expenses of~ard incident to the sitting shall be apportioned
,by the assignee between the joint and separate estates as may appear to
be fair and reasonable, having regard to the work done, for, and the
benefit received by each estate.
155. Within ten days after such meeting or within such further Dividend
`list
time as the Court may allow, the Official Assignee shall prepare lists of
to prepared
.creditors entitled to dividend, and shall calculate tend set opposite to
the ~s
I)rovisioll to
be nindu for
creditors
TO,;ai11~d.
i4
aigtaitee, mid
for pen<ling
claims,.
J<i n t a ml
,,-e an
P ate
Alto estate. is
P acl;irEt>:t1ve
OtTici.il
Assignee to
get after
diachruyc of
ASEi1'nee.
OfLD1NA\C>J No. 5 OF 1864.
Bankruptcy and Insolvency.
name of each creditor who has proved under the estate (subject to the
provision herein contained as to dividends reserve;l) the dividend to
which he i5 entitled out of the net produce of the estate so sit apart for
a dividend, and shall forward by post to every such creditor a statement
of the dividend to which he is so entitled and .such dividends shall be
lurid in such halncr as General Orders shall direct.
156. Proceedings for the mahuy up and auditing of the accounts
of the estate and the declaration and payheut of a dividend shall con-
tinue to be had until the whole of the estate is divided amongst the
creditors and a, dividend is declared to be final: provided that it shall
be
lawful for the majority in valve of the creditors present at any meeting
as aforesaid to postpone the period of declaring a dividend; or at any
time ill declaring a second dividend. to declare also that such second
dividend shall be final unless any action at Law or suit in equity be
dependinn, or any part of the estate be standing out not sold or disposed
of, or unless solve other estate or effects of the bankrupt shall
afterwards
COITIC: to the assignee, in which case he shall; as soon as may be,
convert
such estate and effects .into money, and within, two months after the
slime shall be so converted, the s;lhe shall also be divided 111 manner
aforesaid.
157, When a final dividend shall have peen paid the Creditors'
Assignee lnay apply to the Court for a certificate and if the Court .shall
grant such certificate it shall operate to release the Creditors' Assignee
from ell claims and demands of the creditors or of and- person. who might
have proved under the bankruptcy, subject nevertheless to such con-
ditions if any as shall be expressed 111 such certificate.
158. Every Creditors' Assignee shall, before he shall have obtained
his certificate, transmit to the Official Assignee, a list of unclaimed
div-
idends on the estate, and, of all debts rernainiua due; to the estate,
under
his hand, and shall pay all honeys and ether estate of the bankrupt
then in his hands into the Colonial Treasury to tile credit of the estate.
159. Where the Creditors' Assignee has obtained his certificate,
the.Oflici<~l Assignee shall, as to any estate and effects of the
'bankrupt
not realised at the date of such certificate, and as to all debts then
`ie=
wailing uncollected, aid which shall clot, have been sold in manner
herein provided, and as to any future acquired property of the bank--_
ORDINANCE 'No. t7>1864.
Bankruptcy mad Insoluen cy.
rwpt, if made liable to the creditors under the conditions of discharge,
represent the estate in all respects as tlae sole .assinnee thereof, and
shall
have and exercise all the rights, duties, powers and authorities,
conferred
by this Ordinance Ilpolt Official and Creditors' Assignees.
160. In all ,joint petitions for adjudication under «'111011 any partner
:ball have obtained his discharge, if a sufficient dividend shall have
been
paid upon the joint estate rind upon the separate estate of such partner,
lie shall be entitled to his allowance) alt)lou(Yll the other partner may
not.
be entitled to any allowance.
161. If the produce o£ the estate of any bankrupt shall be stnhcient
to pay in fall, and interest as Hereinafter mentioned, and to leave a
surplus, the Court may order such surplus to be paid to such bankrupt,
his executors, administrators or assigns; and every such bankrupt shall
be entitled to recover the remainder if any of the debts due to him; but
Such surplus shall not be paid until all the creditors who have prove(],
.shall pace received interest upon their debts, to be calculated and paid
at
the rate and in the order following viz. : all creditors wliosc-debts are
liy
law entitled to carry interest in the event o£ a surplus, shall first
receive
interest oil such debts at the rate of interest reserved or by la«=
payable
or provable thereon, to he calculated from the date of the filinn o£ the
petition for adjudication; and after such interest shall have been paid:
.all other creditors who leave proved shall receive interest on their debt
born the date of such petition at the rate of twelVe per centtinl per
:annum.
As to trust cTceclsfvr the benFfit r f Crediloae.
162. If any person shall execute any, conveyance or assi,,nrilent by
deed of all his estate and effects to a trustee or trustees for the
benefit of all
the creditors of such person, tll~, execution of such deed shall not be
deemed
an act of bankruptcy unless a petition for adjudication be filed within
three mouths fioin the eN-ccttion thereof, provided that the conditions
which are herein ordained to be observed with reward to every deed or
instrument made or entered into between a debtor and his creditors or
any o£ them ns trustee for the .rest or a trustee on their behalf,
have.been
obsert-ed in any such conveyance or assignment by deed.
After three
months con-
vcynnce of
:111 dcf>rp,'s'-
propcrty not
an act of
baukruptc.,v,
provided -
cert:lin
folmalities
are compliod
.,-i tit.
163.-I:vrery deed or instrument made or entered into between tt -nrt,g
zticd>' -
tu. lpe Yal;d-
~cfebtoi and =11is creditor°s or any of them, as trustees foe- the rest,
or a. ~;,-~ upo v
oil(! partner
111f1\- receive
nllluanc;e
;Iltlluu_h
other not
entitled.
IT produce, of
CBrarB iV11V 111
I' l a,la )Cave
Surplus. each
aurpiu. ;u be
paid tu,l,sulk-
1-:,pt after
i,:lylllellt of
iuY.c,v.St oil
what: condi-
tionc.
ORDINANCE No. 5 0F 1864.
Bankruptcy and Insolvency.
trustee on their behalf, relating to the debts or liabilities of the
debtor,
and his release therefrom, or the distribution, inspection, management,
and winding up o£ his estate, or any of such matters, shall be as valid
and effectual and bindinU on all the creditors o£ such debtor as if they
were parties to, and had duly executed the same, provided the following
conditions be observed; that is to say:-
1. If such deed provides for the conveyance of the estate of the
debtor other than and except such partial thereof as shall not exceed in.
value the sum of one hundred dollars:
2. If a majority in number, representing three-fourths in value, of'
the creditors of such debtor whose debts shall respectively amount to.
fifty dollars and upwards shall, before or after the execution thereof by
the debtor in writing assent to or approve of such deed or instrument:
e. If the trustee or trustees shall execute the same:
4. If the execution of such deed or instrument by the debtor shall
be attested by a barrister-at-law, an attorney, or a solicitor:
5. If within twenty-eight days from the day of the execution o#'
such deed or instrument by the debtor the same shall be produced and
left at the office of the Registrar for the purpose of befog registered:
G. If together with such deed or instrument there shall be delivered
into the said office an affidavit by the debtor or some person able to-
depose thereto, or a certificate by the trustee or trustees, that a
majority in
number, representing three-fourths in value of the creditors of the
debtor,
whose debts amount to fifty dollars or upwards have in writing assented
to or approved of such deed or instrument, and also stating the amount
in value of the property and credits of the debtor comprised in such deed.
7. Immediately on the execution thereof by the debtor, possession
of all the property comprised therein, of iyhich the debtor can give of
older possession shall be given to the trustees.
htacictilan. 164. The date, names and descriptions of the parties to every
such
of tlcotl to be '
entered br. deed or ln(1StTL1111ellt, not 1nCllldlllg the creditors,
together with a- short
statement of the nature and effect thereof, shall be entered by the Reg-
istrar in a boot: to be kept exclusively for the purposes of such
registration.
such entry ;hall be made; within forty-eight hours after the deed shall
QP.DIN.4NCL \o. .6 or 1964.
Banknryley and Insolreki/.
leave: been left at the office as aforesaid, and a copy of such entry
shall be
published in the Eong-kong Government Gazette as soon as reasonably
can be done after, but in no case later than ten days from, the tinge of
inakiug such entry.
165. Every deed, instrument, or arreealent whatsoever, Blade and
executed by which a debtor not beint, a bankrupt conveys or covenants
or agrees to convey his estate and effects except such portion thereof as
aforesaid for tire benefit of leis creditors, or makes any arrarigeinent
or
anreeinent with his creditors or ally person on their bclialf fur the dis-
tribution, inspection, conduct, nihnagement, or -%vindina up of. his
affltirs-
or estate, or the release . or dischahne of such debtor from his debts or
liabilities, shall, within twenty-eight days from and after the execution
thereof by such debtor or within such-further time as the Court shall
allow, be registered in the Court: and in default thereof shall not be
received in evidence.
166. Every such -deed on being so registered as aforesaid, shall
ll~rrrG~.r~,dr
have a memorandum thereof written on the face of such deed, stating the
j,I7i~trr'-
day and the .hour of the day at which the same was brought into the
office of the Registrar fbr registration.
167. From and after the registration of every such deed or instru-
ment. in manner aforesaid, the debtor and creditors, and trustees parties
to such deed, or who have assented thereto or are bound thereby, shall
in all matters relating to tile estate and effects of such debtor be
subject
to the jurisdiction of the Court, and shall respectively leave the
benefit of
and be liable to all the provisions of this Ordinance, in tire same or
like
manner as if the debtor had been adjudged bankrupt, and the creditors
had proved and the trustees had been appointed Creditors' Assignees
under such bankruptcy: and the-existliig or future trustees of any such
deed or instrument and the crc-litors under the same, shall as between
themselves respectively, and as between themselves and the debtor and
against third persons,, have tile same powers, right and remedies, with
respect to the debtor and his estate and effects, and the collection and
recovery of the same, as are possessed or may be used or exercised by
assiauess or creditors with respect to the bankrupt, or his acts, estate
and effects in bankruptcy: and, except where the deed shall expressly
provide otherwise, the Court shall determine all questions arising under
the deed according to the law and practice in bankruptcy so far as they
copy of e4t]T
to 1.e publish-
ed in the
Hongkong
GovertnnPnt
G azette.
noed io be
registered in
the Cuttrt and
in default
not to be
roeei.=ea in
evidence.
duriediction
of the-harzrt
and rig1W4 -
and liabilitios
of the Parties
:v£ter oegistra-
tion of decd.
Protection of
debtor after
notice of
rr,;intrtition,
&,c., of area.
SStay f pro-
ucedinga 9n
bankruptcy
tvCtar execu-
tion of deed
pending time
a)lowed foy
its reistrR
.lrravi.sinn .in
,vase debtor
ewinot obtain
,yclui6ite
uRhant of
areditar8.
ORDINANCE No. a' ©F 1864.
Bankruptcy and Insolvency.
may be applicable, and shall have power to make and enforce all such
orders as it would be authorized to do if the debtor in such deed had been
adjudged bankrupt and his estate were administered in bankruptcy-.
168. After the copy of the entry made by the Reistrar as aforesaid
a shall have been published in the Hongkong Government Gazette no
execution, or other process against the debtor's property in respect of
any
debt, and no process against his person in respect of any debt, other than
such process by writ or warrant as may be had against a debtor about to
depart out of the Colony shall be available to any creditor or claimant
without leave of the Court: and a certificate of the filing and
registration
of such deed under the hand of the; Registrar and the seal of the Court
shall be available to the debtor for all purposes as a protection in bank-
ruptcy.
169. In case any petition shall be presented for an adjudication
against a debtor after his elocution of such deed or instrument as is
hereinbefore described and pending the time' allowed for true registration
of such deed or instrument, all proceedings udder such petition may be
stayed if the Cool°t shall think fit: and in case such deed or instrument
shall be duly registered as aforesaid the petition shall be dismissed.
110. If a debtor cannot obtain the assent of a majority in number
representing three-fourths in value, of his creditors, by reason of his
being unable to ascertain by whom bills of exchalzo;e, promissory ,notes,
or other negotiable securities accepted, drawn; made, or endorsed by him
are holden, or by reason of the absence of creditors in a foreign country
or other similar circumstances, it shall be sufficient if he obtain the
consent of a noajority in number representing three-fourths in value of
all
his other creditors to such deed or instrument as aforesaid: Provided
that notice shall have been inserted by or on behalf of the debtor in one
or more newspapers published in the Corny or place at which he shall
have carried on business immediately prior to the date of' such deed oiv
instrument, requiring his creditors to sigiiify^ their asselit to
or.dissent
from such .deed or instrument by notice in writing addressed to the
trustee or trustees thereof within fourteen days from the insertion of
such
notice, ayd that the affidavit or certificate of the trustee or trustees
shall
state the circumstances of tile case, and the same shall be:allowed by the
Court, and if the deed or instrument be in such form' as is hereinbefol°e
provided which shall vest all the estate and effects of the debtor; in
tllc
ORDINANCE No. 5 OF '186=I:
Rankrupdey and Insolvency.
trustees of such deed, and provided that all such other conditions..as are
hereinbefore required be duly complied with.
As to misdcnacanors under this Ordinance.
X'71.. From and after the conlniencement of this Ordinance airy
bankrupt who shall do any of the acts or things following with intent to
defraud or defeat the rights of his creditors, shall be guilty of a misde-
nieaDor, and shall be liable at the discretion of the Court before which
lie shall be convicted to be imprisoned fir any period not exceeding
three years.
1. If lie. shall not upon the day limited for his surrender, and before
three of the clock of such day, or at: the hour and upon the day allowed
him for finishing his examination, after notice thereof' iii writing to be
served upon hint personally or left at his usual or last known place of
abode or business, and after the notice herein directed in the Ilonnkong
Government Gazette surrender himself to the Court (having no lawful
iinpediment'allowed by the Court) and sign and subscribe such surrender,
and submit to be examined before such Court from time to time:
2. If lie shall not upon his examination fully and truly discover, to
the best of his knowledge and belief all his property, real and personal,
inclusive of his rinlits and credits, and how and to whom, and for what
consideration, and when lie disposed of, assigned, or transferred any part
thereof, except such part as has been really and bond fide before sold or
disposed of in the way of his trade or business, if any, or laid out in
the
ordinary expense of his family, or shall not deliver up to the Court or
dispose as the-Court directs of all such part thereof as is in his
possession,
custody, or power, except the necessary wearing apparel of himself, his
wife, and children; and deliver up to the` Court all books, papers and
writings in his possession, custody or power relating to his property or
affairs:
3. If he shall after any act of bankruptcy upon which adjudication
lags been granted, with intent to defraud his creditors, remove, conceal
or
embezzle any part of his property to the value of fifty dollars or
upwards;
4. If in case of any person having to his knowledge or belief proved
a false debt under his bankruptcy, he shall fail to disclose the same to
vis -assignees within, one: month after coming to the knowledae or beiiei
thereof:
Pollattv Lill persoa~ guilty.
af ill is-
demelnc~r
1,11180
-evidence.,
ORDINAN'CE No. .S of 1864.
Bankruptcy and Insolzeney.
5. .If he shall, with i;ntcnt to .defraud, wilfully and fraudulently omit
from his schedule any effects or property whatsoever:
G. If lie shall, after the filing of the petition for adjudication, with
intent to conceal tie state of his affairs, or to defeat the object of
the law
of bankruptcy conceal, prevent, or withhold the production of any book,
deed, paper or writings relating to his property, dealings or affairs:
7. If he shall, after the filing of the petition for adjudication, or
within three months next before adjudication, with intent to conceal the
state of his affairs, or to prevent the fair distribution of his property
amon ; his creditors, part with, conceal, destroy, alter, mutilate, or
falsify,
or cause to be concealed, destro3,ed, altered, mutilated, or falsified,
any
book, paper, writing, or security, or document relating to his property,
trade dealings, or affairs or make or be privy to the snaking of any false
or fraudulent entry or statement in or omission from any book, paper,
document or writing, relating thereto:
8. If within the like time lie shall, linowlng that he .is at the time
unable to meet his engagements, fraudulently and with intent to diminish
the sum to be divided amongst his creditors, have made away with,
mortgaged, encumbered, or charred any part of his property, of what
kind soever, or if after adjudication l e shall conceal from the Court or
his assignee any debt due to or from him:
9. If lie shall, with intent to defraud his creditors, within three
months riezt before the filing of the petition for adjudication, pawn,
pledge or dispose of, otherwise than by bond fide transactions in the
ordinary way of his trade, or of his (roods or chattels which have been
obtained on credit and remain unpaid for:
10. If he shall, with. intent to defraud his creditors, after the filing
of any petition for adjudication by or apiinst him, pay money to any
creditor in satisfaction or security for his debt or for any part
thereof;:
whereby such creditor may receive snore in- the- pound in respect of his
debt than the other creditors. .
172. Any person who shall upon ally examination upon oath or
affirmation, or in any affidavit or deposition under this Ordinance,
wilfully
and c-cr ruptlygive false evidence, or wilfully and corruptly swear or
affirm
anything which shall, be false, being convicted thereof shall be liable to
the penalties of wilful and corrupt perjury..
ORDINANCE \ o. 5 of 1 864.
Bankruptcy and rnsolroeney.
1'73. If any person shall refuse to be sworn, or -shall refuse to
-answer any lawful question put by the Court, or shall not fully answer
any such question to the satisfaction of the Court, or shall refuse to
sign.
.znd subscribe his examination when reduced into writing (not having
any lawful objection allowed by the Court) or shall not produce any
books, papers, deeds and writings, or other doeunleuts in his custody or
power, relating to any of the matters under inquiry, which such person is
required by the Court to produce, and to the production of which lie
.shall not state any objection, allowed by the Court, it shall be lawful
for
the Court by warrant ,to commit such person to prison, there to remain
without bail until lie shall submit himself to the Court to be sworn, anti
full answers make to the satisfaction of the Court, to till such lawful.
questions as shall be put by the Court, and sign and subscribe such
cxa.mination, and produce such books, papers, deeds, writings and alter
documents in his custody or power, to the production of which no such
objection as aforesaid has been allowed.
174. If any aSsianee shall retain in his hands for more than
one week or employ for his own benefit, or knowinly l:>ermit any
co-assignee so to retain or employ any sum to tee amount of more than
three hundred dollars, part of the estate of any bankrupt, or shall ne
glee(
to invest any money when directed by the Court, every such assignee shall
be liable to be charged in pie account with such sum as shall be equal to
interest at the rate of twenty-five per centuzn per annum on all such
moneys for the time during which he shall have so retained or employed
the same or permitted the same to he so retained or employed, or during
which lie shall so have neglected to invest the salve: and the Court is
hereby required to charge every such assignee in leis account accordingly.
175. If any petitioninD creditor shall, after adjudication, receive any
money, satisfaction or security,,for his debt or any part thereof, whereby
such petitioning creditor may receive mare in the pound in respect of his
vebts than the other cz°e&torl, such petitioning creditor shall forfeit
his
whole debt, and shall also repay or deliver up such money, satisfaction
or security, or the full value thereof to the assinnee or assignees, of
such
bankrupt for the benefit of the creditors of the bankrupt.
176. Any person who shall -wilfully conceal any real or personal
coeetllinQt
I>;mkrnpfs
estate of the bankrupt and who shall not within forty-two days after the
~ff. t:e ts. -
filing of the petition for adjudication, discover such estate to the
Courtor
:\ny person
reftlsinb to be
swum or
refusing to
answer or vain
fully answer-
ingorrrfti.,;iag
to sign -
examination
or to produce
hooks, Cc,
May be
uutnmittcd.
Assignee
,liaol>oyi7tg
tlirectiun tet
pay Orin vent
lllOtley, ilt'lll
tr it,
or pCl.'1nlttlllgr
CU-ttBS1gRVe 20
retain or
CIY71x1Uy-it to
1)c elta,:d
with 23 per-
ccnt.
1'clit.ioning
creditor
tcnnpouuditag
with debtor
nrtel
adjudication.
ORDINANCE NO. 5 of 1864.
Bankruptcy and Insolveney.
to the assignees, shall forfeit the sum of five hundred dollars, and
double
Allowance t° the value of the estate so concealed: and any person who
shall after such
hel -Sons ,
making time voluntarily- discover to the Court or to the assignees any
part of
discovery. ,
rw~ such bankrupts estate not before come to the knowledge of the
assignees; -
n'- '_ shall be allowed five per centuin thereupon, and such further
reward as- -
,¢ the assignees with the consent of the Court shall think fit; to be paid
out:
'- ; of the estate recovered on such discovery.
iT~s°r ti,~g 17?. Any person who shall insert or cause to b~: inserted in
the
:r11-citis°- .
Inents Hongkong Government Gazette or in any newspaper any advertisement
wit-bout
-<< .
autvrity. under this Ordinance, without authority or knowing the same to
be false
~; : _ in any material particular, shall. be guilty of a misdemeanor, and
upon
- conviction shall be liable to be imprisoned for any term not exceeding
two
i: = years.
=' : lvt°neyforr°it- 1'78. All sums of money forfeited under this Ordinance
may be sued
ed-under thin
_ t)rdinnn°e, for by the Creditors' Asai-nee or such other person as the
Court shall by
` .ilf1'1V to 1)e -
tn°d for, order direct. And the money so recovered (the charges of suit
being
Anti l,ow.
v applied.
- deducted) shall be ])aid over in such manner as the Court shall by
General.
Order direct.
<',F . ,: = As to Arotices and Advertisements.
zVhntnoti°° 1'79. All notices by this Ordinance or by General Order
requiredF
tost° y°'t by to be served on any person shall be sent by post addressed
to the last
known place of business of abode of such person, subject to such
regulations as to registration and otherwise as such General Orders shall
i
I'lrovi,o.''- `-. , direct, provided that this present section shall not
apply to or affect notices-
y'.. -
i-
by this Ordinance or by any General Order required to be personally
served.
As to .&idence.
ty~.,tat~ns:nrz 180. Any petition for adjudication, or arrangement,
adjudication of -.
r w~tUV~ . . ~-,
pruccedings bankruptcy, assignment, a,pl)ointinent of Offl'cial or
Credlt4s' ASSi,n~e, a-
inb ank- -
rul>tey, mid certificate, deposition, or other proceedinn or'order in
bankruptcyT, or-
Copies
purporting to under any of the provisions of this Ordinance, appearing to
be sealed with
be °tu°a'`°iti' the seal of the Court under this Ordinance or any writing
purportino, to-
the s°al of I a a
tt'e court be a copy of any such document and purporting to be so sealed
shall at
admissible in a
evidence. - all times, .and on behalf of all persons, aid whether for the
purposes of
this Ordinance or otherwise, be admitted in all Courts whatever as ev-
idence of such docurrients respectively, and of such proceedings and
orders-
U~RDINAV CL \ o. S' oF 1864.
Bankruptcy and Insolvency.
Having respectively tal:en-place or been made, and be deemed respectively
records of such Court, without any Further proof thereof; and no such
copy shall be receivable in evidence unless the same appear to be so
sealed,
except where otherwise in this Ordinance specially= provided: Provided
that any document, petition or proceedings in any adjudication of insol-
vency filed or taken and entered of record under Ordinance No. 3 of 1846
purporting to have been sealed before the commencement of this Ordi-
nance or purporting to have been sinned by the person duly authoriecl to
sign the same, and copies of the same, slt,lll be received in all Courts
whatever as evidence of such petition, <loeunlent, or proceedings, and of
such proceedings having taken place and entered of record.
181. The proper officer of the Court shall, on the reasonable request
of guy bankrupt or arrannindebtor, or of guy creditor of such bankrupt
having proved his debt, or of an arratnainc; debtor, when the debt of the
arrannino, creditor has been admitted in the petition or proved, or on the
request of the attorney of guy such bankrupt, debtor or creditor,
llroducc;
and show to such bankrupt, debtors or creditors at such tune as the Court
;;hall direct, every petition for adjudication of bankruptcy,
adjudication of
bankruptcy, and petition for arrangement against or by such bankrupt,
and all orders and proceedings under any such petition or adjudication,
and the Court shall order the Official Assignee or officer of the Court,
as
the case may be, to permit such bankrupt, debtor or creditor to have
inspection, at all rerlsonable tunes, of all books, papers 'and writing
relating to th ematters oof such petition or ad,judi cat i.o n,andt the
estate o
f
bankrupt or debtor in the possession of the assignees or filed in Court in
such matter and permit bun to inspect and examine the same; and such
Official Assignee, or such officer shall provide for any such bankrupt,
debtor, creditor or attorney, requiring the carne an office copy of such
petition or other proceeding, books, papers and writings as aforesaid, or
of
such part thereof as shall be required, receiving such fee or sum,or rate
~F el<arge as may be author is24 in that behalf.
182; Jf the bankrupt shall not if he were within the Colony at the
date of the adjudication within two calendar months after the
advertisement
of tile bankruptcy in the Honakong Government Gazette, or if he were
elsewhere at the date of such adjudication within twelve months after such
advertisement, hav e . commenced an action, suit or other proceeding to,
dispute or annul the lretition.for adjudication, and shall not bav a
prosecuted
officer of
Colart to
Produce
trpocearngs
and give
evidence
thereof.
r e t,~,.ak~;ra
do not dispute
the pet;trou
the Gazette,w
to be
concz,tnlve
;=-
evsaci;ee-or-=~,.
bankruptey
tr,W i,kraht
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
the same with due diligence and with effect, the Gazette containing such
advertisement shall be conclusive evidence in all cases as against such
bankrupt, and in all actions at Law or suits in Equity bronbht by the,
assignees for any debt or demand for which such bankrupt might leave
sustained any action or suit had lie not been adjudged bankrupt, that
such person so adjudged bankrupt became a bankrupt before the date and
filing of the petition for adjudication, and that such petition was filed
on.
the day on which the same is stated in the Gazette to bear date.
183. A copy of the Honingkong Government Gazette and of any
newspaper containing any such advertisemeilt as is by this Ordinance
directed or authorised to be made therein respectively, shall be evidence
of any matter therein contained, and of which notice is by this Ordinance
directed or authorised to be given by such advertisement.
184. In the event of the death of any witness deposing to the peti-
tioning creditors debt, or act of bankruptcy, or under any petition for
arrangement, the deposition of any such deceased witness, purporting to
be sealed with the seal of the Court, or a copy thereof purporting to be
so
sealed, shall in all cases be received as evidence of tile matters therein
respectively contained.
185. All persons competent and compellable to give evidence in any
Court'of Law in the Colony shall be competent and compellable to give
evidence in any matter or proceeding arising under this Ordinance.
186. All Courts, Judges, Justices, and persons judicially acting
and other officers, shall take judicial notice of tile signature of any
Judge,
assignee or other officer of the Court, 'and of the seal of the Court,
sub=
scribed or attached to any judicial or official proceeding or document to
be made or signed under the provisions.of this.Ordinance.
18'x. If any person shall forge the signature of any Judge or of the
Official Assignee, or other officer of the Court, or shall forge or
counterfeiW`
the seal of the Courts, or knowingly concur in^using any such fbrged or
counterfeit signature or seal, for the purpose of authenticating any,
proceed-
ing or document, or shall tender ill evidence any such proceeding or
documen~with a false or counterfeit signature of any such Judge, Official-
Assibnee, or other officer, or afalse or counterfeit seal of the Court,-
subscribed or attached thereto, knowing such sio'nature or seal to be
false
Or counterfdt, every such person shall be guilty of felony, and shall be-
,'111(l agvnst
persons whom
the bankrupt
might have
rued had he
not been
ay ttaged
bankrupt.
Advertise-
ment whW
evidence.
Oil heath of
IV! ttieHS office
deposition or
Copy thereof
to tae evidence.
.ivdicial
notice to be
;taken of
yi~natnre of
Judgeorotkler
~i)'lcer and
sear of Court.
Persons coin -
peYeilt to give
evidence.
Forging
Signature of
Juctgeorother
officer or the
real of the
Court, Re.,
:f,etony.
ORDINANCE No. 5 of I864.
bankruptcy and hasof2;tl'.cy.
liable to be indicted and on conviction to be imprisoned and kept to hard
labour for any tire not exceedin0 g two years.
188. r1 copy of any petition filed in any Court having jurisdiction
for the relief of insolvent debtors, or in bankruptcy, in any of Her
1lnjesty's
Dominions, Colonies or Dependencies, and of any vesting, order, schedule,
order of adjudication o: other proceedings, purporting to be signed by the
officer in whose custody the same shall be or his deputy, certifying the,
saine to be a true copy of such petition, vesting order, schedule, order
of
adjudication, -or other order or .proceedings, and appearing to be sealed
with the seal of such Court, shall at all times be admitted under tLi
Ordinance as sufficient evidence of the same, and of such proceedings
respectively having takers place, without any other proof whatever given
of the same. r
9s to flffidavitp, Declarations, and Affirmttfi.nu.,s~.
1$9. Any affidavit., declaration or afiirmatiou required to be sworn or
u7ade in
relation to any matter under this Ordinance may be lawfully sworn--
Before the Court or befaro any officer appointed by the Court for that
purpose,
or before a Magistrate:
In any colony, island, plantation, or place under the dominion of Her
Majesty,
before any Court, Judge, or person lawfully authorised to tale and
receive affida-
vits, declarations, or affirmations
In any foreign parts out of HerMajesty's dominions, beforeaJudgo or Magis-
trite, his signature being authenticated by the official seal of the
Court to which
lie is attached, or by a public notary, or before a British Minister,
Consul or
Vice-Consul
Evidence w,,
to utsolrcutw._
nmauaa.,
tloclarn4iuux. 3;e.,.
bcPot`e whntu to
Tlf 'worn.
And every such Court, Jude, officer, or other person is hereby
authorised and judiew tiru.,t°
- . peal or ai;tnatum
required to administer the oath upon any such affidavit or to take such
affirmation or thereto.
declaration; and ail Courts, Judges, Justices, officers and persons
acting judicially shall
take judicial notice of the seal or signature (as the ease may be) of any
such Court,
'Judge, officer or other person, axtactLed, appended, or subscribed to
any such affidavit
or declaration, or tQ any other document to be used for the purposes of
this Ordinance.
[Repealed by Ordinance No. 9 of 1864 and new section substituted.]
190. Any 'affidavit of any prisoner in Honnlionb, to be used in any
Asra~vsr~ vy
matter under this Ordinance may be sworn before the gaoler of such
prison, t'1`ison°`s. .
and every such gaoler is hereby required and authorised to administer the
oath upon any such affidavit without fee or reward.
:c~o«rt ,may
grant searcli
4v,
rr;~nt.
Authority t0
''-'C,'UUut may
,-,our and
~e~'tunine ,
~bankrnpt and,
n, rant's
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
As to Costs.
[Section and heading before section 191 (19N) inserted by Ordinance
No. 9 of 1864 and reniainilaq sections re-numbered as in brackets.]
191. (19`>. ) In all cases where it shall be made to appear to the
satisfaction of the Court that there is reason to suspect and believe that
any property of any bankrupt is concealed in any house or other place not
belonging to such bankrupt, the Court may grant a search warrant to any
person appointed by the Court, and it shall be lawful for such person and
his assistants to execute such warrant ;iccordin.; to the tenor thereof:
and
such person shall be entitled to the same protection as is allowed by 1aR
in execution of a search warrant for property reputed to be stolen or
concealed.
192. (I93.) Any person appointed by the Court and his assistants,
acting under warrant of the Court may break open any house, chamber,
shop, warehouse, door, trunk or chest of the bankrupt where such bank-
rupt or any of his property is reputed to be and sere upon the body or
property of such bankrupt: and if the bankrupt be in prison or in custody
it shall be lawful for such person and his assistants to seize any
property
of the bankrupt (necessary wearing apparel only excepted) in the custody
or possession of such bankrupt or of any other person in any prison or
place where such bankrupt is in custody.
193. (194.) Tile Court may summon any bankrupt or bankrupt's
wife before it, whether the bankrupt shall have obtained his discharge or
not, and in case he or she shall not come at the appointed time, the Court
may, upon proof of the service of such summons, if it shall see fit,
direct
by warrant any person the Court shall see fit, to arrest such bankrupt or
bankrupt's wife, and bring him or her begore the Court; =a.nd the Court
may examine such bankrupt or bankrupt's. wife either by word of mouth,
of by interrogatories in writing, touching al?' matters relating to the
dealings or estate of such bankrupt, or which may tend-to disclose any
secret grant, conveyance, or concealment of his lauds, tenements, goods,
money or.,~debts, and the Court may reduce such examination or exarriina-
tions into writing and the bankrupt or bankrupt's wife or both as the case
play be, shall sign and subscribe such examination or examinations
respectively.
ORDI\TA\CE \o. En of 1864.
Bankruptcy and-Insolvent,>/.
194. (195.) If in any case it shall be proved to the satisfaction of
tile Court, that any bankrupt i5 keeping out of the z-vay and cannot be
personally served with a summons, and that due pains have been taken. to
effect such personal service, or that there is probable cause for
believing
that he is about to quit the Colony or t:z remove or conceal any of his
hoods or chattels unless he be. forthwith apprehended, the Court rnay, by
warrant, authorise and direct any person or persons it shall think fit, to
apprehend and arrest such bankrupt, and grin; hirn before the Court to
be examined in like rnanner as is lie appeared upon a summons.
195. (196.) After adjudication the Court may summon before it
any person known or suspected to have any of the estate of the bankrupt
irk his possession or is supposed to be indebted to the bankrupt or any
person the Court may believe capable of giving information concerning
the persoi), trade, dealings or estate of the bankrupt or concerning any
act
of bankruptcy committed by him, or any information material to the full
disclosure of his dealings: and the Court may require such. person to
produce any books, papers, deeds, writings or other documents in his
custody or power which may appear to the Court necessary to the verifi-
cation of the deposition of such person, or to the full disclosure of any
of
the matters which the Court is authorised to enquire into: and if such
person so summoned as aforesaid shall not cone before the Court at the
tune appointed, having no lawful impediment, (Hiade known to the Court
at the time of its sitting and allowed b~y it,) the Court may by warrant
authorise and direct the person or persons therein named for that purpose
to apprehend and arrest such person and bring him before the Court for
examination.
196. (197.) Where it shall be shown by affidavit to the satisfaction
of the Court that any person to, whom any such summons is directed as
rl-foresaid is kZeping out of the way and cannot be personally served
there-
with, and that due pains Rave been taken to effect such personal service,
the Court may ~order by endorsement upon the summons, that the delivery
of a copy of such summons to the wife or servant or some adult inmate of
the house or family of the person, at his usual or last known place of
abode or business, and explaining the purport thereof to such wife,
servant
or inmate, shall be equivalent to personal service, and in every such case
the service of such summons in pursuance of such order shall be, and be
It bankrupt.
ho keeping
out of the
'y or >a4
about to clnih
the Colony,
Court may
issue wsrr'rrt,t:..
cUttrt
empowered to
snmtrton
persons sus-
peeted of
hilt'Itly kY971l-
-
.,.tlhl', pro-
perty,
gel-vivo of
summons
whore peraua
keeps out of
the w;ty.
'~640
ORDINANCE No. 5 OF 1864.
-BankrtrptrJ and Insolvency.
deemed and taken to be of the same force and effect to all intents and
purposes as if the party to whom such summons was directed had lree,it
personally served therewith.
Poa=cr to 19'x, (198.) Upon the appearance of any person summoned or
-examine
persons bum- brought before the Court upon any warrant as aforesaid, or if
any person
ironed or
lrrcsentatftny be present at any sitting of the Court, the Court clay
examine every spell.
.S'tt''g' person upon oath either by word of mouth or by intewrowatories
in writinw
concerning the person, trade, dealings or estate of any bankrupt, or
concerning any act or acts of bankruptcy by any bankrupt committed:
and to reduce into writing .the answers of every such person, and such
answers so reduced into writin`; such person examined is hereby required
to sign and subscribe.
No ;tdjudica- 198. (199.) No petition far adjudication shall be dismissed
nor any
t; on, Rc., to ho
sondismissed by adjudication reversed or annulled lay reason only, that
tlw petition or
Wreitson only
,o~.~o;;cFx~t, adjudication, or act of bankruptcy has been concerted or
agreed upon
between the bankrupt his solicitor or went, or any of tllern and any
creditor
or other person.
Agek reccio- 199. (200.) 1f any accredited agent of any body corporate or
public
ir,g notice of
net of': bank- company shall have had notice of any act of bankruptcy,
such body
n'pt°y. corporate or company shall be deemed to have had such notice.
Goods, &c., or 200. (201.) Whenever the hoods and chattels of a debtor arc
sold
n debtor to he
8olrz by under an execution, upon any ,j udgment, recovered in any action
brought
for the recovery of a debt, or money demand, or damages against any
debtor exceeilinr three hundred dollars, such hoods and chattels shat-1 in
all cases, unless the Court shall otherwise direct; be sold by the
sheriff by
public auction, and not by bill of sale, or private contract, and such
sale
shall be publicly advertised by the sheriff on and during three days next
preceding the sale: and no sheriff shall incur any liability uy reason of
anything done by him under this Ordiuancp.
Cat~t nay 201. (202.) If any bankrupt shall die after adjudication, the
Court
proceed not-
withstanding nay proceed in the bankruptcy as if any such bankrupt were
living.
death of han>j-
rapt. ~,
ORDINANCE No. 5 op. 1864.
Bankruptcy and Insole-encJ.
GENERAL ORDERS OF THE 15TH AUGUST 1864.
Repeal of Previous Orders.
Any orders of the Supreme Court relating to matters of insolvency shall be
rescinded and the following shall be the General Orders in force, in the
Supremc Court
eXel'CISlna jurisdiction in l:anlcruptcy.
Sittiny of the Court,.
`1 'he place of sitting of the Supreme Court oxeroit'iiln jurisdiction in
barllmrptey
shall be the place at which the Supreme Court now holds, or may hereafter
hold, its
sittitigs for the general business of the said Court.'
1 0
The times of the sitting of the Supreme Court esea'ciSin(1 ,jurisdiction
in lrl.illc-
ruptcy shall be those appointed for the transaction of the general civil
business of the
Court unless the Chief Justice shall otherwise order, and shall appoint
a, special da,v
for the sitting of the said Court, exercising jurisdiction ill bankruptcy.
Officers of Court
The officers of the Court shall perform the swine duties and exercise the
same
powers as were heretofore performed and exercised by them respectively as
officers of
the Supreme Court exercising jurisdiction in insolvency, unless the
performance or
exercise of such duties or powers may be inconsistent with the provisions
of 'The
Bankruptcy Ordinance, 1864,' or with these Orders, or unless the Court
should, in any
-case, otherwise direct or allow.
Proceedbi.gs.
The scveril forms, specified in the schedule to these Orders annexed, for
the several
purposes: therein stated, sball be Qbserved and used with such
alterations as ma
11 y I:o
necessary to meet the circumstances of any particular case.
All proceedings shall be sealed with the seal of the Court and
relnain,of record in
the Court, so as to form a complete record of each bankruptcy, and they
shall not be
removed for any purpose except for the use of the oflieers of the Court
or-by special
direction of the Chief Justice or Registrar.
ORDINANCE No. 5 or, 186.
Bankruptcy and Insolvency.
All o(jicc copies of petitions, proceedings, boobs, papers and writings,
or any parts
thereof, provided for any bankrupt, or far any debtor or creditor of a
bankrupt, or-
.a
.ttorney of arty such bankrupt, debtor or creditor shall be charged and
paid for at the
rate of fifteen cents per folio of seventy-two words, and such copies
shall be made forth-
with after application for the same.
In lieu of attaching a copy of the Aongkong Government Gazette to the
proceed
ings in each bankruptcy or other matter, the Registrar shall make a
memorandum of
the advertisement i.n the Hongkong Government Gazette and of the date
thereof with
proper reference to the file to facilitate search; and one copy of every
Hongkong Gov-
ernment Gazette and of oath newspaper in which any notice in guy matter
of bank-
ruptcy is inserted, shall be delivered to the Registrar who shall file
the same.
No affidavit shall be filed unless it is properly iutituled in the Court
and matter it>L
which the sarno is to be used; and after an affidavit is left with the
Registrar to be.
filed, it is not to bo delivered to any person whatever, except by order
of the Court.
As to Petitions, &c. -
A petition for adjudication of bankruptcy may either be written or
printed.
Upon every petition the Registrar or Deputy Registrar or, in the absence
of botL
of these officers, the clerk of the Court shall note the precise time of
the filing of such:
petition.
Before adjudication of bankruptcy upon any pout'on the petitioner shall
state on,
oath, by affidavit, that the several allegations in the petition are truer
No adjudication shall be mach on the petition of a debtor for
adjudication of
bankruptcy against himself in the absence of the petitioner, unless the
petitioner is in
custody or his attendance be dispensed with by special Order of the Court.
QRDINANCE No. 5 of 1364.
Ban)auplef ahd lasolvency.
The memorandum required to be indorsed on a petition for adjudication of
bank.
rnptcy, before any adjudication shall be made under section 10 of 'The
BankrulAco
Ordinance, 1864,' shall be in the form specified in the schedule 3 to
these Orders
.annexed.
After adjudication, the CouTtsballwithoutany application by the
bankruptappoint
A sitting for the bankrupt to surrender and conform. Such sitting to be
also a public
meeting of creditors for such proceedings as nay be taken under section
67 of 'The
Bankruptcy Ordinance, 1864,' and such adjudication and meeting shall be
advertiNed
in the Hougkong Government Gazette and one local newspaper within ten
days alter
the date of adjudication. The adjudication must be dated of the day on
which it is
made.
The party presenting the petition shall provide and fill up two forms of
adjudicti-
tion, one to be delivered to the bankrupt, the other to be filed in Court.
In the adjudication to be made upon a petition the Court shall grant the
bankrupt
protection from arrest; and shall indorse thereon a notice to the
bankrupt of the time
and place of holding the sitting at which he is to surrender and conform
as aforesaid;
:and the Registrar shall deliver to the bankrupt a duplicate of the
adjudication, and
shall make on the adjudication to be filed a note that lie has so
delivered the duplicate
of the adjudication to the bankrupt. Where the petitioner is not present
the duplicate
of the adjudication must be personally served on the bankrupt, unless the
Court shall.
in any particular case dispense with such service.
As to Judgment Debtor Summoxa.
Every creditor applying fO'i a judgment debtor summons shall file an
affidavit of
--debt, and such affidavit shall be-in the form specified in the schedule
8 to these Orders
=annexed.
Every judgment debtor summons shall be in the form specified in the
schedule 9
to these Orders annexed.
64 4
ORDINANCE No. 5 or 1864.
Bankruptcy arid Insolvency.
Every such summons shall be indorsed with a notice in the forth specified
in the,
schedule 10 to these Orders annexed.
Every such summons is to bi-, served personally unless the Court shall,
in any else,-
direct that service in some other manner shall be deemed good service.
Every such summons shall he served four days at least before the time for
appear-
ance therein mentioned and within two mouths froth the elate thereof,
including the clay
of such date and not afterwards.
Letter of Attorney.
XXIII.
Every creditor may, 1>y letter of attorney which may be in the form set
forth in.
sclte lulu 11 to these Orders annexed, authorise the Official Assignee or
any other person
to represent hi_n at any meeting of the creditors and to vote for him on
any question
submitted to the creditors at such meeting or any adjournment thereof and
also in the
choice of the Creditors' Assignee.
As to Trust Deeds for benefit of Creditors.
In order to facilitate the making of entries under section 164, the party
producing
such deed or his attorney shall deliver to the Registrar a memorandum in
the form
specified in the schedule 12 to these Orders annexed, or as near thereto
as may be, and
such memorandum. shall be signed by the party producing such deed or by
his attorney
The affidavit required by section 163, paragraph 6, may be in the form
specified
in schedule 13 to these Orders annexed.
The certificate required by section 163, paragraph J6, may he in the form
specified
in schedule 14 to these Orders annexed.
The memorandum of registration required by section 166, to be, written on
the face
of every deed or instrument, on being registered, shall be in the forth
specified is
schedule 15 to these Orders annexed.
ORDINANCE No. 5 of 1864.
Bankruptcf and hacolue~r,/.
The certificate of the registration of the deed under section 168 as a
protection in
bankruptcy shall be in the form specified in schedule 16 to these Orders
annexed.
As to Order of Disclcccrge.
XXIX.
The order of discharge as provided for by section 150 shall be in the
form specified
in, the schedule 7 to these Orders annexed or as near thereto as may be.
As to Fees.
The fees payable, and the charges and costs to be allowed, shall be those
lieretoforo
allowed in matters of insolvency, so far as the same can be made
applicable to the
business required to be transacted under ' The Bankruptcy Ordinance,
1864; ' ~ if how-
ever it be necessary for the Registrar in any case to allow fees of a
different description,
he shall use as his guide in the amount the fees heretofore allowed in
matters of
insolvency.
As to payment of Dividend.
The dividend to which any creditor is 'entitled shall be paid to him in a
manner
sinuilar to that which has hitherto been in use in matters of insolvency.
As to disposal of Monies by Creditors' Assignee.
All movies not necessarily retained shall be deposited by the
(',t:editors' Assignee
in one of the banks of Hongkong, such bank, prior to such deposit, being
in each case
mentioned to, and approved of by, the Chief Justice.
Definition of Toms.
XXXIIT.
All words and expressions used in these Orders shall be construed in
conformity
with the interpretation clause (section 9) of 'The Bankruptcy Ordinance,
1864.'
Short Title.
These Orders may be cited for all purposes as 'The Bankruptcy Orders
1864.'
Sees. oo and 40.
aw;. ai tvd 40.
ORDINANCE No. 5 of 186.
Bankruptcy and Insolvency.
SCHEDULE 1.
11 The Bankruptcy Ordinance, L864.'
Petition of a Creditor for Adjudication in Bankruptcy.
TO THE SUPREME COVRT,
IN BANKRUPTCY.
The humble petition of there insert at full length the name, address arid
description
of the petitioner] sheweth,
That there insert at full length the name, address and description of the
person against,
,whom the petition for adjudication is made] is indebted to your
petitioner in the sum of
three hundred dollars [if two petitiorters four hundred dollars and if
three or more five
hundred dollars] and that your petitioner has been informed and believes
that, the
said
did lately commit an act of bankruptcy within the true intent
and meaning of 'The Bankruptcy Ordinance 1864.'
Your petitioner therefore humbly, prays that on proof of the requisites
in that
be>ialf adjudication of bankruptcy may be made against the said
And your petitioner will ever pray, &c.
Signed A. B.
Signed by the petitioner on the
in the presence of
of the said petition.
day of
186
Solicitor in the matter,
N.13.-If the petition be by,partner°s, alter the form accordingly arid
let it be signed by
one on behalf of himself and partners.
SCHEDULL4., 2.
Affidavit of Truth of Allegation in 'Petition.
I the petitioner named in the petition hereunto annexed
make oath and say that the several allegations in the said petition are
true.
Sword., &c., at this
186 .
Before me.
day of
ORDINANCE- No. v op 186.
Bankruptcy and Insolvency.
SCRl;DT1LE 3.
11L'ernorandum required to be iradorsed on a Petition far Atyrvdacatiora
of BcsmkraTtcy.
Take notice
Within is a copy of a petition for adjudication of bankruptcy verified by
the oath of
the petitioner and under the seal of the Supreme Court, in bankruptcy,
filed in the
said Court against you the within named
The Court has ordered that you do appear on this petition at or before the
expiration of days after the day of service thereof.
The petition will be heard at the Court on the day of
at which time and place you are to appear by yourself or your solicitor
on such petition..
Dated the day of
(Seal of the Court,)
SCHEDULE 4.
.Soticitvr in the mattes of the ivithin petition.
Petition for Adjudication by a Debtor agurvast laimeelj:
TO SHE SUPREME COURT,
IN BANKRUPTCY.
The humble petition of [here insert at full length the vame, address and
description
of the petitioner] aheweth,
That your petitioner being unable to meet his engagements with his
creditors
doth pray that lie may be adjudged a bankrupt.
And your petitioner will over pray, &c.
Signed by the petitioner on the day of
in the presence of
Solicitor it the matter of the petition.
SCHEDULE
Notice by a Debtor in Custody oi his intention to present a Petition for
Adjudication of 5e,, as
Bankruptcy against himself.
Take-notice that I intend to petition the Supreme Court in bankruptcy fur
adjudication of bankruptcy against myself.
Dates thin day of
A. B
To the Superintendent or :Keeper of the Gaol.
ORDINANCE ho: 5 of 1864.
Bankrupted and Insolvency.
SCHEDULE 6.
Adjudication in Bankruptcy.
IN TtrE SUPREME COURT,
IN BANKRUPTCY.
The'lbm may
'ereadily allerecd
to meel all cases
ql' adurfcali,Ht.]
In the Matter of A. B.
Upon reading the petition of the above named A. B., praying [as in
petition] and
also his affidavit stating that the several allegations in the said
petition are true, I do
adjudge the said A. B. a bankrupt and ! do hereby grant the said bankrupt
protection
from arrest from any claim debt or demand now due from, or owing by him,
until
'the
held at
at of the clock in the
day o£
and I do appoint a sitting to be
day of 186
noon precisely, at which sitting the bank-
rupt is required to surrender and conform and which sitting I appoint
also to be :6
public meeting of creditors of the bankrupt for such proceedings as may
be token
under 'The Bankruptcy Ordinance 1864.'
Given under my hand and the seal of this Court this day of
186
Chief Justice.
-Endorsement on Adjudication to be filed in Court.
On the day on which this adjudication was made, I, C. D., the Registrar
of this
Court delivered to the bankrupt a duplicate of the adjudication.
Note.--B very time the protection is renewed these words should be added
at the bottom
o/', or endorsed on the dxylicate, adjudication, and on the adjudication
to be filed in Court.
I hereby give further protection to the bankrupt until the day of
Dated this day of 186
Chief Justice.
.l.'ndorse-rnerzt to be -irzade on Adjudication at ti ne of Adjudication.
Take notice that you A. B. are required to attend personally at
on the day of 186 , at
the noon precisely there and then to surrender and conform.
Dated this day o£ 186
Registrar.
of the clock in
ORDINANCE No. 'a or 1864.
I3ctnkizaptc.y and raaolvencJ:
Further Endmaement to 8s itzade nn Atljzulicataon at first Afeeting,
Take notice that you, A. B., are required to attend personally at they
sitting of
the Court to be held on the
of the clock in the
day of 186 at
noon precisely being the day appointed for the
passing of your last examination, when and where yon are required to
surrender
yourself, and to make a full discovery and disclosure of your estate and
effects. And
further take notice that you are required to prepare a statement of your
accounts aml
to file the same in Court ten days at least before the day so appointed
far your last
examination.
Dated this
IN THE SUPREME COURT,
TN BAw1$RUPTCY.
In the matter of A.B. of
186
day of
SCHEDULE 7.
Order of Discharge.
adjudged bankrupt on tl.lo Maya
Whereas at a public sitting of this Court hold on the day of
for the said bankrupt to pass his last examination and also to make
application fur
his order of discharge under 'The Bankruptcy Ordinance 1864' whereof and
of the
purport whereof the notice required in that behalf was duly given, the
said bankrsalit
passed his last examination and upon application then and there made by
the said
bankrupt for such discharge it was adjudged by the Court that the said
bankrupt 5vas
entitled to such discharge: Now therefore the Court allows and orders
such discharge
accordingly [if the order were granted subject to any cnnditi.ou or were
granted a.ffor
szsspenaion, alter and state the facts accordingly.
Given under my hand and seal of this Court on the day of
TN THE SUPREME COURT,
,,SCRLDL'LE 8 (a).
Affidavit ,for snnirrconiny a Judgment Debtor.
IN BANKRUPTCY.
z, A. B. of
1. I say that C.D. is justly and truly indebted to me in the sum of ~, Moon
and, by virtue of a judgment of the Court of for the said ruin of $
Chief Justice,.
make oath and say as follows:
sc(-S. C0, 131' RIO
NA).
rl1' day of
sfqnirz,<G ~treut
.lu~ly>s:enl aali.h
--must be qfter the
gassing q1' sum of
' T'be J4anC9npicJ
(irdin«nce 186.1,'
ORDINANCE NV 5 of 1864.
Bankruptcy and Insolvency,
recovered by me against the said C, D. on they day of last bast,
and of which said sum the sum of $ exclusive of costs is due to me and the
for taxed costs is due to me, making together the said sum of 5
2. I say that I verily believe that I am entitled to sue out against the
said C'.D..
a writ of ccrpias ad scctisfarietzdum or to charge him. in execution of
the said debt..
Sworn, &c.
,SCHEDULE 8 (li).
Affidavit to be used its Cases of Disobedience to Decree iii Equity, tic.
IN THE SUPREME COURT,
IN BANKRUPTCY,
We, A.B. Of
follows
and C!.D. of
1. I, A.B. for myself that L.F. of
severally male oath and say, as.
is justly and truly indebted to-
me in the auto of $ upon and by virtue of a decree of the Supreme Court of
Hongkong bearing date the day of and made in a
certain suit then pending wherein I the said A.B. was plaintiff and the
said E.F.
defendant whereby the said E.F. was decreed to pay to me the sum of $
'exclusive of costs, and the sum of $ for taxed costs, making together the
said auto of ~ and upon which a peremptory order made by the said Court
was obtained by me on the
in the,orderJ.
2. I, C.D. for myself say that I did on the
dap of
directing [as:
day of
serve the said E.F. with a true copy of the said decree by delivering to,
or leaving:
the same with the solicitor of the said E.F, at his office at
3. I, C.D. further say that I did on the day of
-,personally serve the said E.F. with a true copy of the said peremptory
order.
Lastly I A.B. say that the said E.F. has not paid or secured or tendered
or -
compounded for the said debt, but the said debt still remains wholly due
and unpaid.
Sworn, &c.
rr
SCHEDULE
The Bankruptcy Ordinance 1864.'
Summons of Judgment Debtor.
These are to will and require you to whom this summons is directed
personally to-
pe and appear before the Chief Justice at the Court Rouse in the City
of Victoria,.
Honghong, on the day of
next at
ORDINANCE NO. 5 OF 1864.
Bankruptcy and Insolvency.
of the clock precisely to be examined respecting your ability to satisfy
a debt of
claimed of you by A.B. of
of a judgment of the Court
recovered by the said A.B. against you on the
day of
£orthe said sum of <
last and of which slid suns the sum of h e'xclu`sive
of costs is swore to be due from you to the said A.B. and the sum of 8 for
taxed costs making together the said sum of $ . You are to be examined
also for
the discovery of property applicable to satisfy the said debt. You are
moreover to
observe the notice indorsed hereon, and hereof you are not to fail at
your peril.
Given under my hand and the seal of the Court dais day of
186 ,
To E. F.
SCHEDULE 10.
Notice to be indorsed oat. Judgment Debtor Sunonoits.
IZc:gistrar.
This summons is served upon you pursuant to the provisions of 'The
Bankruptcy
Ordinance 1864,' and is founded on an affidavit of debt which was filed
in the Supremo
Court on the day of 186 . And you are
hereby informed that if after service o£ this summons or due notice
thereof you do not
pay the debt and costs within meutionod, or secure or compound for the
same to the
satisfaction of the creditor, then on your appearance to this summons, or
if you shall
not appear, having no lawful impediment allowed by the Court, and in
either case
without the presentation of a petition for adjudication or other
proceeding, the Count
may adjudge you bankrupt.
This summons was issued by .: ,¢ of solicitor for the plaintiff
or
This summons was issued in person by the plaintiff who resides at [here
insert a.
svfficient description of the plaintiff's residence].
' SCHEDULE 11.
Form of Letter of Attorney.
In the Matto- of A. B. a Bankrupt.
Szzr.,-I [oi- we,,' hereby authorise you to attend the meeting of
creditors in this
matter advertised or directed to be holden at
day of
upon and by virtue * o; Ya~1t a dowee
ell ell
on the
or any adjournment thexoof'and then and there for:
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
me L or us j and in my [or our name to vote for or against [here state
the resolution m-
object of the meeting] and in the choice of assignee or assignees of the
estate of the-
bankr upt.
Witness to the signature of
Too
A. B.
or A. B. for self and partners.
SCHEDULE 12.
Memorandum of'Dred or other Instrument to be reg;stcred pursuant to
' Tltc Bankruptcy Ordinance 1864.'
(1.) Title of deed, whether deed of assignment, composition or
inspectorship.
(2.) Date of deed.
(3.) Date of execution by debtor.
(4.) Name and description of the debtor as in the deed.
(5.) The names and descriptions of the trustees or other parties to the
deed, not
including the creditors.
(6.) A short statement of the nature of the deed.
SCHEDULE 13.
Affidavit required bid section 163 of'' The Bankruptcy Ordinance
1864,' paragraph 6.
T, A. B. [the debtor or some person able to deco a thereto] make oath and
say as.
follows, that the deed or instrument now prodneed and marked with the
letter A bearing
dato the day of and made between [state the
parties to the deed not including the names of .the creditors] being a
deed [describe its nature]
has been executed, or by writing assented to, or approved of, by tL
majqxity in number,..,-
,
representing three-fourths in value of the credito);
ps of me [the debtor when tote debtor, ,
<hcposes] or of rt [the debtor where some, other person deposes] y
whose debts amount to fifty dollars and upwards andJ [the debto? where
the debtor
deposes] verily believe that the amount in value of my property, credits,
estate and
effects cornrised in such deed is
[And where another
person, deposes lee must state that after due inquiry made, to the best
of his knowledge, i,~foran-
n.tion and belief the amount in value of the property, credits, estate
and efects of
the said debtor coaaaprised in such deed is I
ORDINANCE No. .5 oF 1864.
Bankruptcy and Insolvency.
SCHEDULE 14.
Form of Certificate ba7 Trustee under section 163 of ' The h'ankru7rtcry
Ordinance 1804.'
I the undersigned [if -ncore than, ooze trustee alter accordingly j being
a trustee under
a deed or instrument bearing dato the day of ~ aril
made between [state the parties not including the names of creditors
being a deed [describe
the nature thereof] do hereby certify that a majority in number
representing three-fourtbs
in value of the said C. D. (debtor] whose debts amount to fifty dollars
or upwards, have
executed or in writing assented to or approved of such deed or
instrument; and I also
certify that after full inquiry made to the frost of my knowledge
information and belief
the amount in value of the property, credits estate and effects of the
said C. D. [debtor
comprised in such deed is ( ~.
[Signature of ------ ,
SCHEDULE 15.
lYtemnranc(rrnr of 'Registration required ly section 166 n/'' The
73uialrrrrlrtr;r~
Ordinance 1864.'
'This deed or instrument was brought into the ofFtco of the Registrar of
the
Supreme Court in bankruptcy for registration on the day of
at the hour of on that day and was duly registered
pursuant to the provisions of `Tho Bankruptcy Ordinance 1869..''
SCFIIi;DULE 16.
Cert~xfacate of Begistra'daon of Deed and Protection to Debtor.
I being the Registrar of the Supreme Court of Hongkong exercising
in bankruptcy do certify that on the day of and
at the hour of -ion such day a certain deed or instrument bearing
T
yAate the. day of and made and executed by
and between [set forth partie;' nor including the names of the creditors
being a deed or
instrument [set Perth the nature'ancl effect dereof] was brought into my
office for regis-
tration and was duly registered pursuant to the provisions o£ 'The
Bankruptcy Ordi-
nance 1864.'
Given under my hand and seal of the Court at Iionbhona, the ~' day of
186
[&a1 of the Court.
A. B.
580
Title.
Preamble.
[See Ordinance No. 15 of 1867 & No. 9 of 1882.]
When to commemce and how to be cited.
Ordinance No. 3 of 1846, No. 5 of 1846, and No. 2 of 1849, repealed.
Proviso.
Ordinance to apply to all adults.
Supreme Court to have jurisdiction in blank reptey.
Section 33 of Ordinance No. 7 of 1862 incorporated with this Ordinance. [* See Ordinance No. 14 of 1873.]
Registrar of Supreme Court to be Official Assignee.
[See Ordinances No. 15 of 1867 and No. 9 of 1882.]
Purposes for which General Orders to be framed.
Proviso.
Alteration of General Orders.
Interpretation of terms.
'Ammulling.'
'Assignee.' [See Ord. No. 9 of 1882.]
'Bankrupt.'
'Adjudication.'
'Court.'
'Registrar.'
'Creditor.'
'Creditors pesent at any meeting.'
'Gaoler.'
'Oath.'
'Affidavit.'
'Petitioning Creditor.'
'Property.'
'Prisoner.'
Computation of time.
Number and gender.
Departing the Colony.
Departing from his house.
Beginning to keep his house.
Yielding himself to prison.
Fraudulent surrender of his property.
Rules to be observed before adjudication under this section.
Compounding with petitioning creditor.
Peitions for adjudication out of this Colony.
Lying in or escaping out of prison.
Debtor suffering execution to be levied on his goods.
No person liable on act of bankrupty committed more than twelve months before the filing of petition.
Debtor petitioning against himself.
Court may summon witnesses before adjudiction.
Debtor petitioning in forma pauperis.
Judgment creditor may sue out summons.
If order of any Court directing payment of money be disobeyed, the person entitled to the money may sue out judgment debtor summons.
Judgment to be given after the passing of this Ordinance.
Summons to be served personally.
Service of summons out of the Colony.
Duplicate of summons.
Insertion of notice in Hongkong Government Gazette.
Examination of debtor.
Court may adjudge such debtor bankrupt.
Debtor to be allowed seven days to show cause against adjudication.
How debtor refusing to be sworn to be dealt with.
Debtor to be subject to order of Court.
Debtor may petition against himself.
Debtor to deliver to Court schedule of all his goods, &c.
Court may adjudge such debtor bankrupt.
Debtors in prison to give notice to gaoler before presenting petition.
Debtor not obtaining adjudication may be adjudged bankrupt on petition of competitent creditor.
Debtor unable to pay may petition in forma pauperis.
Gaoler ot swear such prisoner.
Petitioner to be brought up for examination.
Ajudication to have relation back to date of commitment.
Debtor refusing to be sworn.
Proviso.
Creditor may petition for adjudication.
Court to have power over body and property of debtor.
Amount of petitioning creditors debts.
If petition filed fraudulently or maliciously, how to be dealt with.
Computation of debts.
Creditor, whose debt is sufficient to entitle him to petition against all the partners of a firm, may petition against one: and the Courtdismiss petitions.
Where petitioner dose not proceed.
Court may adjudge the debtor bankrupt.
If petitioning creditor's debt be found insufficient, Court may proceed on petition of any other creditor.
Court may impound and consolidate proceedings or petitions.
If debtor is about to leave the Colony or conceal his gods, Court may order him to be arrested.
Notice of adjudication.
Before notice of adjudication.
Before notice of adjudication given in Hongkong Government Gazette, debtor to have notice thereof.
If bankrupt in prison, Court may appoint a person to attend him.
Bankrupt's property to vest in the assignees.
Bankrupt may retain household furniture, &c.
Bankrupt's lands, &c., to vest in assignee.
Assignees not entitled to bakrupts pension, &c., but Court may order part thereof for benefit of creditors.
If bankrupt be not in prison or custody, to be free from arrest in coming to surrender, &c., and if in prison may be brought up by warrant to be examined or to surrender, and if in prison for debt the Court may, except in certain cases, order release.
If arrested to be dishcarged on producing protection.
Bankrupt to deliver up his books of account to Official Assignee.
and to attend assignees.
Sitting for last examination.
Statement of bankrupt.
Statement of accounts to be open to inspection.
Bankrupt to be assisted by Official Assignee in preparing statement of accounts.
Official Assignee to take possession of bankrupt's property.
Official Assignee to act as sole assignee till Creditors' Assignees chosen, and may sell or otherwise dispose of property of a perishable nature, &c.
Official Assignees not personally liable for acts done in execution of his duty or for receipt of bills or money upon certain comditions being perfomed.
First meeting of creditors, and proof of debts.
Creditors to choose assignee.
Petitioning creditor to proceed at his own cost until choice of Creditors' Assignee.
Estate to vest in Creditoes' Assignee.
Official Assignee to render account.
Creditors' may call for information.
No person to withhold possession of books.
Creditors may appoint manager.
Removal of Assignee.
Mode of electing new Creditors' Assignee.
As to valuation of bankrupt's property.
Duties of Creditors' Assignee.
Creditors' Assignee to render accounts to Official Assignee.
Assigneeto render accounts to Official Assignee.
Assignee may appoint the bankrupt to manage estate.
Power for assignees to sell bankrupt's book debts.
Disposal of bankrupt's books, after his affairs are wound up.
On removal of Creditors' Assignee, Official Assignee may be appointed.
Assignees to have all powers bankrupt might have had.
Certificate of appointment of assignees to be registered where any conveyance of bankrupt's property would require to be registered.
Court may order bankrupt to join in conveyance.
Conditional estate granted by bankrupt may be redeemed by assignees.
Assignees to be subject to the order of the Court.
If a member of a firm becomes bankrupt Court may authorise action or suit in name of assignees and of remaining partner.
Assignees may institute or defend actions and compound for debts due to the estate, and submit disputes to arbitration.
If petition or adjudiction be annulled &c., persons from whom the assigness have recovered or who have bona fide paid the assignees, &c., discharged from claims by the bankrupt.
If assignee indebted to bankrupt's estate becomes bankrupt his discharge shall not release his future effects in respect of such debt.
Suits not to abate by death or removal of assignees.
If assignees commenceaction before time allowed to dispute the bankruptcy has elapsed, debtor to estate may pay money into Court.
Limitation of action.
General issue.
Court may determine on all defferences
between assignees and creditors, or between parties claiming under trust deeds.
Goods in the possession, order, or disposition of the bankrupt to be deemed his property.
Proviso for assignments fo vessels.
Power of Court over certain conveyances, &c., made by bankrupt.
Where bankrupt beneficially entitled to stock, Court may make order for transfer.
Distress not to be available for more than one year's rent due.
The landlord to prove for the residue.
Discretion in Court as to the disposal of property in certain cases.
Where bankrupt is a trustee the Court may order conveyance or assignment to another trustee.
Titles to property sold not to be impeached unless proceedings taken to annual and duly prosecuted.
The Court after adjudication may order any Treasurer.
&c., or agent of the bankrupt, to deliver all moneys &c.
Payments, conveyances, contracts, &c., executions against lands (if executed by seizure) to be valid, if no notice of prior act of bankruptcy.
But nothing herein to give validity to payments &c., by way of fraudulent preference.
Bona fide purchases not to be impeached by notice of act of bankruptcy, unless petition filed within twelve months after the act of bankruptcy.
Certain warrants of attorney cognovits, and consents to Judge's order given within two months of filing petition to be null and void.
Provisions of 3 Geo. 4 c. 39 extended to assignees.
Proof in Court or in Chambers or before
officer appointed or by affidavit.
Proof by post.
False declaration a misdemeanor.
Official Assignee to examine all statements of account, and make out list of creditors who have proved.
Power to examine upon oath alleged creditors, &c.
Bona fide creditors in respect of debts contracted after an act of bankruptcy may prove.
Proof for money, costs, &c., of which payment may be enforced by process of contempt.
Proof for proportionate part of rent and other payments falling due at fixed periods.
Proof in respect of distinct contracts.
Proof in respect of unliquidated damages.
Proof for premiums upon policies of insurance.
Payments of assessed taxes.
One year's local rates may be paid in full.
Three months wages or salary to be paid to clerks or servants.
Fifty dollars wages to be paid to labourer or workman.
Apprentices to bankrupts dischatged from their indentures.
Court may order any sum to be paid in respect of apprentice fees.
Mutual dedts and credits may be set off notwithstanding prior act of bankruptcy.
Deeds not payable at the time of the bankruptcy may be proved, deducting rebate of interest.
Sureties and person liable for the debts of a bankrupt may prove after having paid such debt.
Obligees in bottomry or respondentia bonds, and assured in policy of assurance admitted to claim and, after loss to prove.
Persons effecting insurance admitted to prove loss.
Annuity creditor admitted to prove.
Sureties for payment of annuities granted by bankrupt, in what manner to come inder the bankruptcy.
Debt contingent at the time of the filing of the petition to be provable for the value thereof ascertained by the Court, or if value not ascertained before the contingency has happened, then, after the contingency has happened the amount of debt may be proved.
Liability contingent at the filing of the petition may be admitted to
claim, and after contingency has happened and the demand been ascertained, demand may be proved.
On bankruptcy of agent intrusted with goods, but which have been pledged by him, owner may prove for amount paid to redeem, or for value, if the goods be unredeemed.
Interest upon debts, when provable, though not reserved or agreed for.
Proving debt to be an election not to proceed against the bankrupt by action.
Creditors having security not to recevied more than other creditor.
How proof may be expunged.
Order of discharge.
To discharge bankrupt from all claims provable under his bankruptcy.
Bankrupt not liable under contracts, &c., made after filing petition for adjudication.
If bankrupt guilty of misdemeanor, Court may suspend or refuse order of discharge.
If bankrupt carried on trade by fictitious capital, Court may refuse or suspend order.
Effect of order of discharge.
Release of bankrupt when arrested after discharge.
Effect of order in case of partner.
Contract or security with intent to induce creditor to forbear opposition void.
Penalty for obtaining money or goods as an inducement to forbear opposing order of discharge.
Rehearing of order of discharge.
If order suspended on rehearing subsequent creditors to prove first against subsequent property.
Form of order.
Notice to be advertised.
Dividend.
Assignee not to keep money in his hands.
Provision to be made for creditors residing at a distance, adn for pending claims.
Joint and separate dividend sittings.
Dividend list to be prepared by Official Assignee.
Proceedings for paying dividends to be had until the whole of the estate is divided.
Effect of assignee certificate.
Unclaimed dividends, &c., to paid into the Treasury.
Official Assignee to act after dischatge of Creditors' Assignee.
One partner may receive allowance although other not entitle.
If produce of estate pay in full and leave surplus, such surplus to be paid to bankrupt after payment of interest on debts.
After three months conveyance of all debtors' property not an act of provided certain formalities are complied with .
What deeds to be valid and upon
What conditions.
Particulars of deed to be entered by.
Copy of entry to be published in the Hongkong Governent Gazette.
Deed to be registered in the Court and in default not to be received in evidence.
Memorandum of registration.
Jurisdiction of the Court and rights and liabilities of the parties after registration of deed.
Protection of debtor after notice of registration, &c. of deed.
Stay of proceedings in bankruptcy after execution of deed pending time allowed for its registration.
Provision in case debtor cannot obtain requisite assent of creditors.
Penalty on persons guilty of misdemeanors herein named.
False evidence.
Any person refusing to be sworn or refusing to answer or not fully answering or refusing to sign examination or to produce books, &c., may be committed.
Assingee disobeying direction to pay or invest money, and retaining it, or permitting co-assignee it retain or employ it to be charged with 25 per cent.
Petitioning creditor compounding with debtor after adjudication.
Concealing bankrupt's effects.
Allowance to persons making discovery.
Inserting advertisements without authority.
Money forfeited under this Ordinance, how to be sued for. And how applied.
What notices to be sent by post.
Proviso.
Petitions and other proceedings in bankruptcy, and copies purporting to be sealed with the seal of the Court admissible on evidence.
Officer of Court to produce proceedings and give evidence thereof.
If bankrupt do not dispute the petition the Gazette to be conclusive evidence of bankruptcy as against the bankrupt.
and against perosns whom the bankrupt might have sued had he not been adjudged bankrupt.
Advertisement when evidence.
On death of witness office deposition or copy thereof to be evidence.
Persons competent to give evidence.
Judicial notice to be taken of signature of Judge or other officer and seal of Court.
Forging signature of Judge or other officer or the seal of the Court, &c., felony.
Evidence as to inslovency.
Affidavits, declarations, &c., before whom to be sworn.
Judicial notice of seal or signature thereto.
Affidavits by prisoners.
Court may grant search warrant.
Authority to break open house, &c.
Court may summon and examine bankrupt and bankrupt's wife.
If bankrupt be keeping out of the way or be about to quit the Colony, Court may issue warrant.
Court empowered to summon persons suspected of having bankrupt's property.
Service of summons where person keeps out of the way.
Power to examine perosns summoned or present at any sitting.
No adjudication, &c., to be dismissed by reason only of consert.
Agnet receiving notice of act of bankruptcy.
Goods, &c., of a debtor to be sold by sheriff.
Court may proceed notwithstanding death of bankrupt.
Secs. 10 and 40.
See sec. 40.
Secs. 31 and 40.
Sec. 10.
Sec. 31.
Sec. 34.
Sec. 33.
[The form may be readily altered to meet all cases of adjudication.]
Sec. 61.
Secs. 60, 138 and 150.
Sec. 19.
* The day of signing final judgment which must be after the passing of 'The Bankruptcy Ordinance 1864.'
Sec. 19.
Sec. 21.
* If upon a decree in Equity alter the form accordingly. Sec. 164.
Sec. 168.
Abstract
580
Title.
Preamble.
[See Ordinance No. 15 of 1867 & No. 9 of 1882.]
When to commemce and how to be cited.
Ordinance No. 3 of 1846, No. 5 of 1846, and No. 2 of 1849, repealed.
Proviso.
Ordinance to apply to all adults.
Supreme Court to have jurisdiction in blank reptey.
Section 33 of Ordinance No. 7 of 1862 incorporated with this Ordinance. [* See Ordinance No. 14 of 1873.]
Registrar of Supreme Court to be Official Assignee.
[See Ordinances No. 15 of 1867 and No. 9 of 1882.]
Purposes for which General Orders to be framed.
Proviso.
Alteration of General Orders.
Interpretation of terms.
'Ammulling.'
'Assignee.' [See Ord. No. 9 of 1882.]
'Bankrupt.'
'Adjudication.'
'Court.'
'Registrar.'
'Creditor.'
'Creditors pesent at any meeting.'
'Gaoler.'
'Oath.'
'Affidavit.'
'Petitioning Creditor.'
'Property.'
'Prisoner.'
Computation of time.
Number and gender.
Departing the Colony.
Departing from his house.
Beginning to keep his house.
Yielding himself to prison.
Fraudulent surrender of his property.
Rules to be observed before adjudication under this section.
Compounding with petitioning creditor.
Peitions for adjudication out of this Colony.
Lying in or escaping out of prison.
Debtor suffering execution to be levied on his goods.
No person liable on act of bankrupty committed more than twelve months before the filing of petition.
Debtor petitioning against himself.
Court may summon witnesses before adjudiction.
Debtor petitioning in forma pauperis.
Judgment creditor may sue out summons.
If order of any Court directing payment of money be disobeyed, the person entitled to the money may sue out judgment debtor summons.
Judgment to be given after the passing of this Ordinance.
Summons to be served personally.
Service of summons out of the Colony.
Duplicate of summons.
Insertion of notice in Hongkong Government Gazette.
Examination of debtor.
Court may adjudge such debtor bankrupt.
Debtor to be allowed seven days to show cause against adjudication.
How debtor refusing to be sworn to be dealt with.
Debtor to be subject to order of Court.
Debtor may petition against himself.
Debtor to deliver to Court schedule of all his goods, &c.
Court may adjudge such debtor bankrupt.
Debtors in prison to give notice to gaoler before presenting petition.
Debtor not obtaining adjudication may be adjudged bankrupt on petition of competitent creditor.
Debtor unable to pay may petition in forma pauperis.
Gaoler ot swear such prisoner.
Petitioner to be brought up for examination.
Ajudication to have relation back to date of commitment.
Debtor refusing to be sworn.
Proviso.
Creditor may petition for adjudication.
Court to have power over body and property of debtor.
Amount of petitioning creditors debts.
If petition filed fraudulently or maliciously, how to be dealt with.
Computation of debts.
Creditor, whose debt is sufficient to entitle him to petition against all the partners of a firm, may petition against one: and the Courtdismiss petitions.
Where petitioner dose not proceed.
Court may adjudge the debtor bankrupt.
If petitioning creditor's debt be found insufficient, Court may proceed on petition of any other creditor.
Court may impound and consolidate proceedings or petitions.
If debtor is about to leave the Colony or conceal his gods, Court may order him to be arrested.
Notice of adjudication.
Before notice of adjudication.
Before notice of adjudication given in Hongkong Government Gazette, debtor to have notice thereof.
If bankrupt in prison, Court may appoint a person to attend him.
Bankrupt's property to vest in the assignees.
Bankrupt may retain household furniture, &c.
Bankrupt's lands, &c., to vest in assignee.
Assignees not entitled to bakrupts pension, &c., but Court may order part thereof for benefit of creditors.
If bankrupt be not in prison or custody, to be free from arrest in coming to surrender, &c., and if in prison may be brought up by warrant to be examined or to surrender, and if in prison for debt the Court may, except in certain cases, order release.
If arrested to be dishcarged on producing protection.
Bankrupt to deliver up his books of account to Official Assignee.
and to attend assignees.
Sitting for last examination.
Statement of bankrupt.
Statement of accounts to be open to inspection.
Bankrupt to be assisted by Official Assignee in preparing statement of accounts.
Official Assignee to take possession of bankrupt's property.
Official Assignee to act as sole assignee till Creditors' Assignees chosen, and may sell or otherwise dispose of property of a perishable nature, &c.
Official Assignees not personally liable for acts done in execution of his duty or for receipt of bills or money upon certain comditions being perfomed.
First meeting of creditors, and proof of debts.
Creditors to choose assignee.
Petitioning creditor to proceed at his own cost until choice of Creditors' Assignee.
Estate to vest in Creditoes' Assignee.
Official Assignee to render account.
Creditors' may call for information.
No person to withhold possession of books.
Creditors may appoint manager.
Removal of Assignee.
Mode of electing new Creditors' Assignee.
As to valuation of bankrupt's property.
Duties of Creditors' Assignee.
Creditors' Assignee to render accounts to Official Assignee.
Assigneeto render accounts to Official Assignee.
Assignee may appoint the bankrupt to manage estate.
Power for assignees to sell bankrupt's book debts.
Disposal of bankrupt's books, after his affairs are wound up.
On removal of Creditors' Assignee, Official Assignee may be appointed.
Assignees to have all powers bankrupt might have had.
Certificate of appointment of assignees to be registered where any conveyance of bankrupt's property would require to be registered.
Court may order bankrupt to join in conveyance.
Conditional estate granted by bankrupt may be redeemed by assignees.
Assignees to be subject to the order of the Court.
If a member of a firm becomes bankrupt Court may authorise action or suit in name of assignees and of remaining partner.
Assignees may institute or defend actions and compound for debts due to the estate, and submit disputes to arbitration.
If petition or adjudiction be annulled &c., persons from whom the assigness have recovered or who have bona fide paid the assignees, &c., discharged from claims by the bankrupt.
If assignee indebted to bankrupt's estate becomes bankrupt his discharge shall not release his future effects in respect of such debt.
Suits not to abate by death or removal of assignees.
If assignees commenceaction before time allowed to dispute the bankruptcy has elapsed, debtor to estate may pay money into Court.
Limitation of action.
General issue.
Court may determine on all defferences
between assignees and creditors, or between parties claiming under trust deeds.
Goods in the possession, order, or disposition of the bankrupt to be deemed his property.
Proviso for assignments fo vessels.
Power of Court over certain conveyances, &c., made by bankrupt.
Where bankrupt beneficially entitled to stock, Court may make order for transfer.
Distress not to be available for more than one year's rent due.
The landlord to prove for the residue.
Discretion in Court as to the disposal of property in certain cases.
Where bankrupt is a trustee the Court may order conveyance or assignment to another trustee.
Titles to property sold not to be impeached unless proceedings taken to annual and duly prosecuted.
The Court after adjudication may order any Treasurer.
&c., or agent of the bankrupt, to deliver all moneys &c.
Payments, conveyances, contracts, &c., executions against lands (if executed by seizure) to be valid, if no notice of prior act of bankruptcy.
But nothing herein to give validity to payments &c., by way of fraudulent preference.
Bona fide purchases not to be impeached by notice of act of bankruptcy, unless petition filed within twelve months after the act of bankruptcy.
Certain warrants of attorney cognovits, and consents to Judge's order given within two months of filing petition to be null and void.
Provisions of 3 Geo. 4 c. 39 extended to assignees.
Proof in Court or in Chambers or before
officer appointed or by affidavit.
Proof by post.
False declaration a misdemeanor.
Official Assignee to examine all statements of account, and make out list of creditors who have proved.
Power to examine upon oath alleged creditors, &c.
Bona fide creditors in respect of debts contracted after an act of bankruptcy may prove.
Proof for money, costs, &c., of which payment may be enforced by process of contempt.
Proof for proportionate part of rent and other payments falling due at fixed periods.
Proof in respect of distinct contracts.
Proof in respect of unliquidated damages.
Proof for premiums upon policies of insurance.
Payments of assessed taxes.
One year's local rates may be paid in full.
Three months wages or salary to be paid to clerks or servants.
Fifty dollars wages to be paid to labourer or workman.
Apprentices to bankrupts dischatged from their indentures.
Court may order any sum to be paid in respect of apprentice fees.
Mutual dedts and credits may be set off notwithstanding prior act of bankruptcy.
Deeds not payable at the time of the bankruptcy may be proved, deducting rebate of interest.
Sureties and person liable for the debts of a bankrupt may prove after having paid such debt.
Obligees in bottomry or respondentia bonds, and assured in policy of assurance admitted to claim and, after loss to prove.
Persons effecting insurance admitted to prove loss.
Annuity creditor admitted to prove.
Sureties for payment of annuities granted by bankrupt, in what manner to come inder the bankruptcy.
Debt contingent at the time of the filing of the petition to be provable for the value thereof ascertained by the Court, or if value not ascertained before the contingency has happened, then, after the contingency has happened the amount of debt may be proved.
Liability contingent at the filing of the petition may be admitted to
claim, and after contingency has happened and the demand been ascertained, demand may be proved.
On bankruptcy of agent intrusted with goods, but which have been pledged by him, owner may prove for amount paid to redeem, or for value, if the goods be unredeemed.
Interest upon debts, when provable, though not reserved or agreed for.
Proving debt to be an election not to proceed against the bankrupt by action.
Creditors having security not to recevied more than other creditor.
How proof may be expunged.
Order of discharge.
To discharge bankrupt from all claims provable under his bankruptcy.
Bankrupt not liable under contracts, &c., made after filing petition for adjudication.
If bankrupt guilty of misdemeanor, Court may suspend or refuse order of discharge.
If bankrupt carried on trade by fictitious capital, Court may refuse or suspend order.
Effect of order of discharge.
Release of bankrupt when arrested after discharge.
Effect of order in case of partner.
Contract or security with intent to induce creditor to forbear opposition void.
Penalty for obtaining money or goods as an inducement to forbear opposing order of discharge.
Rehearing of order of discharge.
If order suspended on rehearing subsequent creditors to prove first against subsequent property.
Form of order.
Notice to be advertised.
Dividend.
Assignee not to keep money in his hands.
Provision to be made for creditors residing at a distance, adn for pending claims.
Joint and separate dividend sittings.
Dividend list to be prepared by Official Assignee.
Proceedings for paying dividends to be had until the whole of the estate is divided.
Effect of assignee certificate.
Unclaimed dividends, &c., to paid into the Treasury.
Official Assignee to act after dischatge of Creditors' Assignee.
One partner may receive allowance although other not entitle.
If produce of estate pay in full and leave surplus, such surplus to be paid to bankrupt after payment of interest on debts.
After three months conveyance of all debtors' property not an act of provided certain formalities are complied with .
What deeds to be valid and upon
What conditions.
Particulars of deed to be entered by.
Copy of entry to be published in the Hongkong Governent Gazette.
Deed to be registered in the Court and in default not to be received in evidence.
Memorandum of registration.
Jurisdiction of the Court and rights and liabilities of the parties after registration of deed.
Protection of debtor after notice of registration, &c. of deed.
Stay of proceedings in bankruptcy after execution of deed pending time allowed for its registration.
Provision in case debtor cannot obtain requisite assent of creditors.
Penalty on persons guilty of misdemeanors herein named.
False evidence.
Any person refusing to be sworn or refusing to answer or not fully answering or refusing to sign examination or to produce books, &c., may be committed.
Assingee disobeying direction to pay or invest money, and retaining it, or permitting co-assignee it retain or employ it to be charged with 25 per cent.
Petitioning creditor compounding with debtor after adjudication.
Concealing bankrupt's effects.
Allowance to persons making discovery.
Inserting advertisements without authority.
Money forfeited under this Ordinance, how to be sued for. And how applied.
What notices to be sent by post.
Proviso.
Petitions and other proceedings in bankruptcy, and copies purporting to be sealed with the seal of the Court admissible on evidence.
Officer of Court to produce proceedings and give evidence thereof.
If bankrupt do not dispute the petition the Gazette to be conclusive evidence of bankruptcy as against the bankrupt.
and against perosns whom the bankrupt might have sued had he not been adjudged bankrupt.
Advertisement when evidence.
On death of witness office deposition or copy thereof to be evidence.
Persons competent to give evidence.
Judicial notice to be taken of signature of Judge or other officer and seal of Court.
Forging signature of Judge or other officer or the seal of the Court, &c., felony.
Evidence as to inslovency.
Affidavits, declarations, &c., before whom to be sworn.
Judicial notice of seal or signature thereto.
Affidavits by prisoners.
Court may grant search warrant.
Authority to break open house, &c.
Court may summon and examine bankrupt and bankrupt's wife.
If bankrupt be keeping out of the way or be about to quit the Colony, Court may issue warrant.
Court empowered to summon persons suspected of having bankrupt's property.
Service of summons where person keeps out of the way.
Power to examine perosns summoned or present at any sitting.
No adjudication, &c., to be dismissed by reason only of consert.
Agnet receiving notice of act of bankruptcy.
Goods, &c., of a debtor to be sold by sheriff.
Court may proceed notwithstanding death of bankrupt.
Secs. 10 and 40.
See sec. 40.
Secs. 31 and 40.
Sec. 10.
Sec. 31.
Sec. 34.
Sec. 33.
[The form may be readily altered to meet all cases of adjudication.]
Sec. 61.
Secs. 60, 138 and 150.
Sec. 19.
* The day of signing final judgment which must be after the passing of 'The Bankruptcy Ordinance 1864.'
Sec. 19.
Sec. 21.
* If upon a decree in Equity alter the form accordingly. Sec. 164.
Sec. 168.
Title.
Preamble.
[See Ordinance No. 15 of 1867 & No. 9 of 1882.]
When to commemce and how to be cited.
Ordinance No. 3 of 1846, No. 5 of 1846, and No. 2 of 1849, repealed.
Proviso.
Ordinance to apply to all adults.
Supreme Court to have jurisdiction in blank reptey.
Section 33 of Ordinance No. 7 of 1862 incorporated with this Ordinance. [* See Ordinance No. 14 of 1873.]
Registrar of Supreme Court to be Official Assignee.
[See Ordinances No. 15 of 1867 and No. 9 of 1882.]
Purposes for which General Orders to be framed.
Proviso.
Alteration of General Orders.
Interpretation of terms.
'Ammulling.'
'Assignee.' [See Ord. No. 9 of 1882.]
'Bankrupt.'
'Adjudication.'
'Court.'
'Registrar.'
'Creditor.'
'Creditors pesent at any meeting.'
'Gaoler.'
'Oath.'
'Affidavit.'
'Petitioning Creditor.'
'Property.'
'Prisoner.'
Computation of time.
Number and gender.
Departing the Colony.
Departing from his house.
Beginning to keep his house.
Yielding himself to prison.
Fraudulent surrender of his property.
Rules to be observed before adjudication under this section.
Compounding with petitioning creditor.
Peitions for adjudication out of this Colony.
Lying in or escaping out of prison.
Debtor suffering execution to be levied on his goods.
No person liable on act of bankrupty committed more than twelve months before the filing of petition.
Debtor petitioning against himself.
Court may summon witnesses before adjudiction.
Debtor petitioning in forma pauperis.
Judgment creditor may sue out summons.
If order of any Court directing payment of money be disobeyed, the person entitled to the money may sue out judgment debtor summons.
Judgment to be given after the passing of this Ordinance.
Summons to be served personally.
Service of summons out of the Colony.
Duplicate of summons.
Insertion of notice in Hongkong Government Gazette.
Examination of debtor.
Court may adjudge such debtor bankrupt.
Debtor to be allowed seven days to show cause against adjudication.
How debtor refusing to be sworn to be dealt with.
Debtor to be subject to order of Court.
Debtor may petition against himself.
Debtor to deliver to Court schedule of all his goods, &c.
Court may adjudge such debtor bankrupt.
Debtors in prison to give notice to gaoler before presenting petition.
Debtor not obtaining adjudication may be adjudged bankrupt on petition of competitent creditor.
Debtor unable to pay may petition in forma pauperis.
Gaoler ot swear such prisoner.
Petitioner to be brought up for examination.
Ajudication to have relation back to date of commitment.
Debtor refusing to be sworn.
Proviso.
Creditor may petition for adjudication.
Court to have power over body and property of debtor.
Amount of petitioning creditors debts.
If petition filed fraudulently or maliciously, how to be dealt with.
Computation of debts.
Creditor, whose debt is sufficient to entitle him to petition against all the partners of a firm, may petition against one: and the Courtdismiss petitions.
Where petitioner dose not proceed.
Court may adjudge the debtor bankrupt.
If petitioning creditor's debt be found insufficient, Court may proceed on petition of any other creditor.
Court may impound and consolidate proceedings or petitions.
If debtor is about to leave the Colony or conceal his gods, Court may order him to be arrested.
Notice of adjudication.
Before notice of adjudication.
Before notice of adjudication given in Hongkong Government Gazette, debtor to have notice thereof.
If bankrupt in prison, Court may appoint a person to attend him.
Bankrupt's property to vest in the assignees.
Bankrupt may retain household furniture, &c.
Bankrupt's lands, &c., to vest in assignee.
Assignees not entitled to bakrupts pension, &c., but Court may order part thereof for benefit of creditors.
If bankrupt be not in prison or custody, to be free from arrest in coming to surrender, &c., and if in prison may be brought up by warrant to be examined or to surrender, and if in prison for debt the Court may, except in certain cases, order release.
If arrested to be dishcarged on producing protection.
Bankrupt to deliver up his books of account to Official Assignee.
and to attend assignees.
Sitting for last examination.
Statement of bankrupt.
Statement of accounts to be open to inspection.
Bankrupt to be assisted by Official Assignee in preparing statement of accounts.
Official Assignee to take possession of bankrupt's property.
Official Assignee to act as sole assignee till Creditors' Assignees chosen, and may sell or otherwise dispose of property of a perishable nature, &c.
Official Assignees not personally liable for acts done in execution of his duty or for receipt of bills or money upon certain comditions being perfomed.
First meeting of creditors, and proof of debts.
Creditors to choose assignee.
Petitioning creditor to proceed at his own cost until choice of Creditors' Assignee.
Estate to vest in Creditoes' Assignee.
Official Assignee to render account.
Creditors' may call for information.
No person to withhold possession of books.
Creditors may appoint manager.
Removal of Assignee.
Mode of electing new Creditors' Assignee.
As to valuation of bankrupt's property.
Duties of Creditors' Assignee.
Creditors' Assignee to render accounts to Official Assignee.
Assigneeto render accounts to Official Assignee.
Assignee may appoint the bankrupt to manage estate.
Power for assignees to sell bankrupt's book debts.
Disposal of bankrupt's books, after his affairs are wound up.
On removal of Creditors' Assignee, Official Assignee may be appointed.
Assignees to have all powers bankrupt might have had.
Certificate of appointment of assignees to be registered where any conveyance of bankrupt's property would require to be registered.
Court may order bankrupt to join in conveyance.
Conditional estate granted by bankrupt may be redeemed by assignees.
Assignees to be subject to the order of the Court.
If a member of a firm becomes bankrupt Court may authorise action or suit in name of assignees and of remaining partner.
Assignees may institute or defend actions and compound for debts due to the estate, and submit disputes to arbitration.
If petition or adjudiction be annulled &c., persons from whom the assigness have recovered or who have bona fide paid the assignees, &c., discharged from claims by the bankrupt.
If assignee indebted to bankrupt's estate becomes bankrupt his discharge shall not release his future effects in respect of such debt.
Suits not to abate by death or removal of assignees.
If assignees commenceaction before time allowed to dispute the bankruptcy has elapsed, debtor to estate may pay money into Court.
Limitation of action.
General issue.
Court may determine on all defferences
between assignees and creditors, or between parties claiming under trust deeds.
Goods in the possession, order, or disposition of the bankrupt to be deemed his property.
Proviso for assignments fo vessels.
Power of Court over certain conveyances, &c., made by bankrupt.
Where bankrupt beneficially entitled to stock, Court may make order for transfer.
Distress not to be available for more than one year's rent due.
The landlord to prove for the residue.
Discretion in Court as to the disposal of property in certain cases.
Where bankrupt is a trustee the Court may order conveyance or assignment to another trustee.
Titles to property sold not to be impeached unless proceedings taken to annual and duly prosecuted.
The Court after adjudication may order any Treasurer.
&c., or agent of the bankrupt, to deliver all moneys &c.
Payments, conveyances, contracts, &c., executions against lands (if executed by seizure) to be valid, if no notice of prior act of bankruptcy.
But nothing herein to give validity to payments &c., by way of fraudulent preference.
Bona fide purchases not to be impeached by notice of act of bankruptcy, unless petition filed within twelve months after the act of bankruptcy.
Certain warrants of attorney cognovits, and consents to Judge's order given within two months of filing petition to be null and void.
Provisions of 3 Geo. 4 c. 39 extended to assignees.
Proof in Court or in Chambers or before
officer appointed or by affidavit.
Proof by post.
False declaration a misdemeanor.
Official Assignee to examine all statements of account, and make out list of creditors who have proved.
Power to examine upon oath alleged creditors, &c.
Bona fide creditors in respect of debts contracted after an act of bankruptcy may prove.
Proof for money, costs, &c., of which payment may be enforced by process of contempt.
Proof for proportionate part of rent and other payments falling due at fixed periods.
Proof in respect of distinct contracts.
Proof in respect of unliquidated damages.
Proof for premiums upon policies of insurance.
Payments of assessed taxes.
One year's local rates may be paid in full.
Three months wages or salary to be paid to clerks or servants.
Fifty dollars wages to be paid to labourer or workman.
Apprentices to bankrupts dischatged from their indentures.
Court may order any sum to be paid in respect of apprentice fees.
Mutual dedts and credits may be set off notwithstanding prior act of bankruptcy.
Deeds not payable at the time of the bankruptcy may be proved, deducting rebate of interest.
Sureties and person liable for the debts of a bankrupt may prove after having paid such debt.
Obligees in bottomry or respondentia bonds, and assured in policy of assurance admitted to claim and, after loss to prove.
Persons effecting insurance admitted to prove loss.
Annuity creditor admitted to prove.
Sureties for payment of annuities granted by bankrupt, in what manner to come inder the bankruptcy.
Debt contingent at the time of the filing of the petition to be provable for the value thereof ascertained by the Court, or if value not ascertained before the contingency has happened, then, after the contingency has happened the amount of debt may be proved.
Liability contingent at the filing of the petition may be admitted to
claim, and after contingency has happened and the demand been ascertained, demand may be proved.
On bankruptcy of agent intrusted with goods, but which have been pledged by him, owner may prove for amount paid to redeem, or for value, if the goods be unredeemed.
Interest upon debts, when provable, though not reserved or agreed for.
Proving debt to be an election not to proceed against the bankrupt by action.
Creditors having security not to recevied more than other creditor.
How proof may be expunged.
Order of discharge.
To discharge bankrupt from all claims provable under his bankruptcy.
Bankrupt not liable under contracts, &c., made after filing petition for adjudication.
If bankrupt guilty of misdemeanor, Court may suspend or refuse order of discharge.
If bankrupt carried on trade by fictitious capital, Court may refuse or suspend order.
Effect of order of discharge.
Release of bankrupt when arrested after discharge.
Effect of order in case of partner.
Contract or security with intent to induce creditor to forbear opposition void.
Penalty for obtaining money or goods as an inducement to forbear opposing order of discharge.
Rehearing of order of discharge.
If order suspended on rehearing subsequent creditors to prove first against subsequent property.
Form of order.
Notice to be advertised.
Dividend.
Assignee not to keep money in his hands.
Provision to be made for creditors residing at a distance, adn for pending claims.
Joint and separate dividend sittings.
Dividend list to be prepared by Official Assignee.
Proceedings for paying dividends to be had until the whole of the estate is divided.
Effect of assignee certificate.
Unclaimed dividends, &c., to paid into the Treasury.
Official Assignee to act after dischatge of Creditors' Assignee.
One partner may receive allowance although other not entitle.
If produce of estate pay in full and leave surplus, such surplus to be paid to bankrupt after payment of interest on debts.
After three months conveyance of all debtors' property not an act of provided certain formalities are complied with .
What deeds to be valid and upon
What conditions.
Particulars of deed to be entered by.
Copy of entry to be published in the Hongkong Governent Gazette.
Deed to be registered in the Court and in default not to be received in evidence.
Memorandum of registration.
Jurisdiction of the Court and rights and liabilities of the parties after registration of deed.
Protection of debtor after notice of registration, &c. of deed.
Stay of proceedings in bankruptcy after execution of deed pending time allowed for its registration.
Provision in case debtor cannot obtain requisite assent of creditors.
Penalty on persons guilty of misdemeanors herein named.
False evidence.
Any person refusing to be sworn or refusing to answer or not fully answering or refusing to sign examination or to produce books, &c., may be committed.
Assingee disobeying direction to pay or invest money, and retaining it, or permitting co-assignee it retain or employ it to be charged with 25 per cent.
Petitioning creditor compounding with debtor after adjudication.
Concealing bankrupt's effects.
Allowance to persons making discovery.
Inserting advertisements without authority.
Money forfeited under this Ordinance, how to be sued for. And how applied.
What notices to be sent by post.
Proviso.
Petitions and other proceedings in bankruptcy, and copies purporting to be sealed with the seal of the Court admissible on evidence.
Officer of Court to produce proceedings and give evidence thereof.
If bankrupt do not dispute the petition the Gazette to be conclusive evidence of bankruptcy as against the bankrupt.
and against perosns whom the bankrupt might have sued had he not been adjudged bankrupt.
Advertisement when evidence.
On death of witness office deposition or copy thereof to be evidence.
Persons competent to give evidence.
Judicial notice to be taken of signature of Judge or other officer and seal of Court.
Forging signature of Judge or other officer or the seal of the Court, &c., felony.
Evidence as to inslovency.
Affidavits, declarations, &c., before whom to be sworn.
Judicial notice of seal or signature thereto.
Affidavits by prisoners.
Court may grant search warrant.
Authority to break open house, &c.
Court may summon and examine bankrupt and bankrupt's wife.
If bankrupt be keeping out of the way or be about to quit the Colony, Court may issue warrant.
Court empowered to summon persons suspected of having bankrupt's property.
Service of summons where person keeps out of the way.
Power to examine perosns summoned or present at any sitting.
No adjudication, &c., to be dismissed by reason only of consert.
Agnet receiving notice of act of bankruptcy.
Goods, &c., of a debtor to be sold by sheriff.
Court may proceed notwithstanding death of bankrupt.
Secs. 10 and 40.
See sec. 40.
Secs. 31 and 40.
Sec. 10.
Sec. 31.
Sec. 34.
Sec. 33.
[The form may be readily altered to meet all cases of adjudication.]
Sec. 61.
Secs. 60, 138 and 150.
Sec. 19.
* The day of signing final judgment which must be after the passing of 'The Bankruptcy Ordinance 1864.'
Sec. 19.
Sec. 21.
* If upon a decree in Equity alter the form accordingly. Sec. 164.
Sec. 168.
Identifier
https://oelawhk.lib.hku.hk/items/show/192
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 5 of 1864
Number of Pages
74
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BANKRUPTCY AND INSOLVENCY ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 6, 2025, https://oelawhk.lib.hku.hk/items/show/192.
