BANKRUPTCY ORDINANCE, 1891

BANKRUPTCY ORDINANCE, 1891

ORIDNANCE No. 7 OF 1891.

Bankruptcy

AN ORDINANCE to amend the Law relating to Bankruptcy.
[1st January,1892.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Bankruptcy Ordinance,1891.
2.In this Ordinance,unles the context otherwise requires,-
'Available Act of Bankruptcy' means any act of bankruptcy avail-
able for bankruptcy petition at the date of the presentation of the
petition on which the receiving order is made:
'Gazetted' means published in The Gazette:
'Goods' include all chattels personal:
'Oaths' includes declaration in lieu of oath:
'Ordinary Resolution' means a resolution decided by a majority in
value of the creditors present,personally or by proxy,at a meeting
of creditors and voting on the resolution:
'Property' includes money,goods,things in action,land,and every
description of property,real or personal,immovable or movable,
corporeal or incorporeal,and whether situate in this Colony or
elsewhere,and any interest therein,whether at law or in equity,
present or future,vested or contingent,arising out of or incident
to property as above defined:
'Provable Debt' includes any debt or liability provable in bank-
ruptcy under this Ordinance:
'The Registrar' means the Registrar or either of the Deputy
Registrars of the Supreme Court:
'Secured Creditors' means a person holding a mortgage,charge,or lien on the property of the debtor or any part thereof as a security
for a debt due to him from the debtor:
'Special Resolution' means a resolution decided by a majority in
number and three-fourths in value of the creditors and voting on the
resolution:
'Suit' and 'Action' are synonymous terms:
'The Court' means the Supreme Court:
'The Trustee' means the trustee in bankruptcy of the debtor's
estate.
PART I.
PROCEEDINGS FROM ACT OF BANKRUPTCY RO DISCHARGE.
Acts of Bankruptcy.
3.-(1.)A debtor commits an act of bankruptcy in each of the
following cases:-
(a.)if,in this Colony or elsewhere,he makes a conveyance or
assignment of his property to a trustee or trustees for the benefit
of his creditors generally;or
(b.)if,in this Colony or elsewhere,he makes a fraudulent con-
veyance,gift,delivery,or transfer of his property or of any
part thereof;or
(c.)if,in this Colony or elsewhere,he makes a conveyance or trans-
fer of this property or any part thereof or creates any charge
thereon which would be void as a fraudulent preference if he
were adjudged bankrupt;or
(d.)if ,with intent to defeat or delay his creditors,he does any
of the following things,namely,departs out of this Colony,
or,being out of this Colony,remains out of it,or departs from
his dwelling house,or otherwise absents himself,or begins to
keep house,or removes his property or any part thereof beyond
the jurisdiction of the Court;or
(e.)if execution against him in any proceedings in the Court has
been levied by seizure of his goods,and the goods have been sold
or held by the Bailiff of the Court for twenty-one days;or
(f.)if he files in the Court a declaration of his inability to pay his
debts or presents a bankruptcy petition against himself;or
(g.)if a creditor has obtained a final judgment against him for
any amount and,execution thereon not having been stayed,has
served on him in this Colony,or by leave of the Court elsewhere,
a bankruptcy notice under this Ordinance requiring him to pay
the judgment debt in accordance with the terms of the judg-
ment or to secure or compound for it to the satisfaction of the creditor or the Court,and he does not,within eight days after
service of the notice,in case service is effected in the Colony,
or,in case service is effected elswwhere,within the time limited
in that behalf by the order giving leave to effect service else-
where,either comply with the requirements of the notice or
satisfy the Court that he has a counter-claim,set-off,or cross-
demand which he could not set up in the action in which the
judgment was obtained;or
(h.)if he gives notice to any of his creditors that he has sus-
pended or that he is about to suspend payment of his debts.
(2.)A bankruptcy notice under this Ordinance shall be issued to a
judgment creditor by the Registrar on the filing of a request for that
purpose.
Receiving Order and Official Receiver.
4.Subject to the conditions hereinafter specified ,if a debtor commits
an act of bankruptcy the Court may,on a bankruptcy petition being
presented either by a creditor or by the debtor,make an order
called a 'receiving order,'for the protection of the estate.
5.-(1.)Subject to the provisions of the next succeeding section,a
creditor shall not be entitled to present a bankruptcy petition against a
debtor unless-
(a.)the debt owing by the debtor to the petitioning creditor,or,
of two or more creditors join in the petition,the aggregate
amount of debts owing to the several petitioning creditos,
amounts to three hundred dollars;and
(b.)the debt is a liquidated sum payable either immediately or
at some certain future time;and
(c.)the act of bankruptcy on which the petition is grounded has
occurred within four months before the presentation of the
petition;and
(d.)the debtor is domiciled in the Colony or,within a year before
the date of the presentation of the petition,had ordinarily
resided or had a dwelling house or place of business in the
Colony.
(2.)If the petitioning creditor is a secured creditor,he must in his
petition either state that he is willing to give up his security for the
benefit of the creditors in the event of the debtor being adjudged
bankruptcy or give an estimate of the value of his security.In the latter
case he may be admitted as a petitioning creditor to the extent of the
balance of the debt due to him,after deducting the value so estimated,in
the same manner as if he were an unsecured creditor.
6.The following provisions shall have effect in the case of a firm
carrying on business in the Colony;that is to say,-
(1.)a creditor of the firm shall be entitles to present a bankruptcy
petition against the firm,and a receiving order and an order of
adjudication may be made against the firm in respect of an act of
bankruptcy committed in reference to the business of the firm
by any partner of the firm or by any oerson having the control
or management of the business of the firm.An act of bank-
ruptcy shall be deemed to be committed in reference to the business
of the firm in all cases in which the act relates to the property
or creditors of the firm and would be an act of bankruptcy by
such partner or person as aforesaid if it related to his property or
creditors;
(2.)it shall be sufficient that a receiving order against the firm be
made in the firm name,without mentioning the names of the
partners,and such receiving order shall affect the joint and separate
property of all the partners,and the like provisions shall apply in
respect of an adjudication of bankruptcy;
(3.)the right of a creditor to present a bankruptcy petition against
the firm,and the jurisdiction of teh Court to make a receiving order
or an adjudication of bankruptcy against the firm,shall not be
affected by the fact,if it is so,that all or any of the partners of
the firm are not British subjects or are not resident or domiciled in
the Colony;and
(4.)the provisions of this section shall,so far as the nature of the
case will permit,apply to any person carrying on business in the
Colony in a name or style other than his own name.
7.-(1.)A creditor's petition shall be verified by affidavit of the
creditor,or of some person on his behalf having knowledge of the facts,
and served in the same manner as a writ of summons.
(2.)It shall not be heard until the expiration of eight days
from the service thereof,except by leave of the Court on good cause
shown.
(3.)At the hearing the Court shall require proof of the debt of the
petitioning creditor,of the service of the petition,and of the act of
bankruptcy,or,if more acts of bankruptcy than one are alleged in the
petition,of some one of the alleged acts of bankruptcy,and,if,satis-
fied with the proof,may make a receiving order in pursuance of the
petition.
(4.)If the Court is not satisfied with the proof of the petitioning
creditor's debt,or of the service of the petition,or of the act of bank-
ruptcy,or is satisfied by the debtor that he is able to pay his debts,or is satisfied that there are and will be no substantial assets for division
among the creditors,or that for other sufficient cause no order ought
to be made,the Court may dismiss the petition.
(5.)A debtor intending to show cause against a petition shall file
with the Registrar a notice specifying the statements in the petition he
intends to dispute,and shall serve on the petitioning creditor or
his solicitor a copy of such notice two days before the day on which the
petition is to be heard.
(6.)Where the debtor appears on the petition and denies that he is
indebted to the petitioner,or that he is indebted to such an amount
as would justify the petitioner in presenting a petition against him,the
Court,on such security,if any,being given as the Court may require
for payment to the petitioner of any debt which may be established
against him in due course of law and of the costs of establishing the
debt,may,instead of dismissing the petition,stay all proceedings on the
petition for such time as may be required for trial og the question
relating to the debt.
(7.)Where proceedings are stayed,the Court may,if by reason of the
deklay caused by the stay of proceedings or for any other cause it thinks
just,make a receiving order on the petition of sime other creditor,and
shall thereupon dismiss,on such terms as it thins just,the petition in
which proceedings have been stayed as aforesaid.
(8.)A creditor;s petition shall not after presentment be withdrawn
without the leave of the Court.
8.-(1.)A debtor's petition shall allege that the debtor is unable to pay
his debts,and the presentation thereof shall be deemed an act of bank-
ruptcy withput the previous filing by the debtor of any declaration
of inability to pay his debts,and the Court shall thereupon make a
receiving order:Provided that it shall be lawful for the Court,in its
discretion,to refuse the order unless it is satisfied that there are or will
be substantial assets for division among the creditors.
(2.) A debtor's petition shall not after presentment be withdrawn
without the leave of the Court.
9.-(1.) The Governor may,at any time after the commencement of
this Ordinance and from time to time,appoint such person as he thinks
fit to be Official Receiver of debtors' estates under this Ordinance and
may remove such person from such office.
(2.)The Official Receiver shall act under the general authority and
direction of the Governor and shall also be an officer of the Court.
10.-(1.)On themaking of a receiving order ,the Official Receiver
shall be thereby constituted receiver of the property of the debtor,and
thereafter,except as directed by this Ordinance no creditor to whom the debtor is indebted in respect or any debt provable in bankruptcy
shall have any remedy against the property or person of the debtor
in respect of the debt or shall commence or continue any action or
other legal proceedings,except with the leave of the COurt and on
any terms as the Court may impose.On making the receiving order,
the Court may,if it thinks fit,direct that no execution against the
person of the debtor shall be stayed until the debtor finds sufficient
security to appear and abide by all orders of the Court in relation
to the bankruptcy proceedings or until further order,and in such
case any creditor may,in the menatime,proceed to execution against
the person of the debtor in the same way as if no receiving order had
been made.
(2.)Nothing in sub-section (1.)of this sectio shall affect the power
of any secured creditor to realize or otherwise deal with his security in
the same manner as he would have been entitiles to realize or deal with
it if this section had not been passed.
(3.)If,at teh date of the receiving order,the debtor is a prisoner
under an execution for a civil debt,he shall not be entitled to his release
except by order of the Court,but the COurt may,in its discretion,order
his release either unconditionally or subject to such conditions as it may
deem fit to secure the debtor's presence at the subsequent proceedings or
otherwise.
11.-(1.)The Court,if it thinks fit,if it is shown to be necessary for
the protection of the estate,may,at any time after the presentation of
a bankruptcy petition and before a receiving order is made,apppint the
Official Receiver to be interim receiver of the propewrty of the debtor
or of any part thereof,and direct him to take immediate possession
thereof or of any part thereof,including all books of account and other
papers and documents belonging to the debtor and relating to his
business.
(2.)At any time after the presentation of a bankruptcy petition,the
Court may,in its discretion,stay any action,execution,or other legal
process against the property or person of the debtor or allow it to
continue on such terms as it may think just.
12.-(1.)In any case where it is desirable that the debtor's business
be temporarily carried on and it is inconvenient for the Official Receiver
to carry it on,the Court may appoint a special manager for the purpose
to act under the direction of the Official Receiver until the appointment
of the Trustee.
(2.)The Court may also,if necessary,appoint an interim receiver for
the protection of the estate to act under the direction of the Official
Receiver. (3.)The special manager or interim receiver shall receive such re-
muneration and give such security as the COurt may order.
13.Notice of every receiving order,stating the name,address,and
description of the debtor,the date of the order,and the date of the
petition,shall be gazetted and advertised in at lease one local newspaper
by the Official Receiver.
14.-(1.)As regards the estate of the debtor it shall be the duty of
the Official Receiver-
(a.)to act as intwerim receiver of the debtor's estate pending
the appointment of a Trustee,and,where a special manager
has not been appointed,to act as manager thereof;\
(b.)to raise money for the purposes of the estate in any case where,
in the interests of creditors,it appears necesary to do so;
(c.)to take possession of all the books,documents,and papers
of the debtor and of all or any part of the property of the
debtor;
(d.)to summon and preside at the first meeting of creditors;
(e.)to issue forms of proxy for use at the meetings of creditors;
(f.)to report to the creditors as to any proposal which the debtor
may habve made with respect to the mode of liquidating his
affairs;
(g.)to advertise the receiving order and the date of the creditors'
first meeting and of the debtor's public examination and such
other matters as it may be necessary to advertise;
(h.)to act as Trustee during any vacancy in the office of Trustee;
and
(i.)to assist the debtor in preparing his statement of affairs,in
case the debtor has no solicitor acting for him and is unable
properly to prepare it himself.
(2.)As regards the debtor it shall be the duty of the Official
Receiver-
(a.)to investigage the conduct of the debtor and to report to
the Court stating whether there is reason to believe that the
debtor has committed any act which constitutes an offence
under this Ordinance or which would justify the Court in re-
fusing,suspending,or qualifying an order for his discahrge;
(b.)to conduct the public examination of the debtor;and
(c.)to assist in the prosecution of any fraudulent debtor.
(3.)The Official Receiver shall,on the appointment of a Trustee
other than himself,account to the COurt for all his dealings with the
estate,and,on passing such accounts,shall be entitled to be paid out of
the estate such fee as the Court may order. Proceedings consequent on Receiving Order.
15.-(1.)As soon as may be after the making of a receiving order
against a debtor,the first general meeting of his creditors shall be held
for the purpose of considering whether a proposal for a composition or
scheme of arrangement can be entertained or whether it is expedient
that the debtor shall be adjudged bankrupt,and generally as to the
mode of dealing with his property.
(2.)Unless the Court otherwise orders,such meeting shall be held
within twenty-eight days of the date of the receiving order,and not
less than three days' notice of the time and place thereof shall be given
in The Gazette and a local newspaper.
(3.)The meeting shall be presided over by the Official Receiving and
the proceedings thereat shall be recorded by him in writing.
(4.)A person shall not be entitled to vote at the first or any sub-
sequent meeting unless he has proved his debt.
(5.)A creditor who has proved may vote either in person or by
proxy appointed under his hand or by attorney duty authorized in that
behalf.A person claiming to vote for or on behalf of a creditor shall
satisfy the Official Receiver of his right to do so or be precluded form
voting.
(6.)The meeting may be adjourned from time to time and from place
to place.
(7.)Previous to the first meeting it shall be the duty of the Official
Receiver to give nitoce in writing,as he may think fit,to such persons
as are mentioned as creditors in the debtor's statement of affairs or as
be knows to be or has reason to believe are creditors of the estate.The
notice shall state-
(a.)the time and place of meeting;
(b.)that the creditor cannot vote unless he previously proves his
debt;
(c.)that forms of proof and proxy can be obtained at the office of
the Official Receiver during office hours;and
(d.)that at such meeting the creditors will be asked to consider
whether the debtor shall be adjudged bankrupt or whether
they will entertain a proposal for a composition or scheme of
arrangement.
(8.)Any subsequent meeting shall be summoned by giving notice in
writing to such of the creditors as have proved,and such notice shall
state the object for which such meeting is summoned.
16.-(1.)Where a receiving order is made,the debtor shall make out
and submit to the Official Receiver a statement of and in relation to his affairs,verified by affidavit,and showing particulars of his assets,debts,
and liabilities ,the names,residences,and occupations of his creditors,
whether in the Colony or elsewhere,the securities held by them
respectively,the dates when the securities were respectively given,and
the debtor's personal expenses and,if any,business expenses for the least
preceding three years.
(2.)The statement shall be made and deposited with the Official
Receiver within seven days of the making of the receiving order,unless
the time as extended by the Court.
(3.)If the debtor fails,without reasonable excuse,to comply with the
requirements of this section,he may be punished for a contempt of
Court,and the Court may,on the application of the Official Receiver or
of any creditor,adjudge him bankrupt forthwith.
Public Examination of Debtor.
17.-(1.)As soon as may be after the time limited for filing in
statement of affairs,the Court shall hold a public sitting,on a day to
be appointed,for the examination of the debtor,and the debtor shall at-
tend thereat and shall be examined as to his conduct,dealings,and
property.
(2.)The Official Receiver and any creditor may take part in the
examination of the debtor,and the Court may put such questions as it
may deem expedient.
(3.)The Official Receiver may,if specially authorized by the Court,
employ a solicitor,with or without counsel,to conduct such examination,
but no solicitor or counsel shall be allowed to take part in the ex-
amination on behalf of the debtor.
(4.)The debtor shall be examined upon oath,and it shall be his duty
to answer all such questions as the Court may put or allow to be put to
him,and it shall not be lawful for the debtor to refuse to answer any
question on the ground that the answer might tend to criminate him
under the provisions of this Ordinance.
(5.)Such notes of the examination as the Court thinks proper shall
be taken down in writing,and shall be read over to and signed by the
debtor and may thereafter be used in evidence against him.
(6.)The examination may be adjourned from time to time,and shall
not be concluded until after the day appointed for the first meeting of
creditors.
(7.)The examination may be held by a Commissioner of the
Court,if the Court so orders,and in such case the Commissioner
appointed shall have all the powers of the Court with respect to the
examination. Composition or Scheme of Arrangement.
18.-(1.)The creditors may,at the first meeting or any adjournment
thereof,by special resolution,resolve to entertain a proposal for a
composition in satisfaction of the debts due to them from the debtor or
a proposal for a scheme of arrangement of the debtor's affairs.
(2.)The composition or scheme shall not be binding on the creditors
unless it is confirmed by a resolution passed (by a majority in numbers
representing three-fourths in value of all the creditors who have proved)
at a subsequent meeting of the creditors and is approved by the Court.
(3.)The subsequent meeting shall be summoned by the Official
Receiver by not less than seven days' notice,and shall not be held until
after the public examination of the debtor is concluded.The notice
shall state generally the terms of the proposal and shall be given by
posting a letter or by a notice in writing to each creditor who has
proved and by advertising the subsequent meeting in The Gazette and
at least in one local newspaper.
(4.)The debtor or the Official Receiver may,after the composition or
scheme is accepted by the creditors,apply to the Court to approve it.
(5.)If the Court is of opinion that the terms of the composition or
scheme are not reasonable or are not calculated to benefit the general
body of creditors,or if the Court is dissatisfied with the conduct of the
debtor,the Court may,in its discretion,refuse to approve the com-
position or scheme.
(6.)If the Court approves the composition or scheme,the approval
thereof may bve testified by the Seal of the Court being attached to the
instrument containing the terms of the composition or scheme or by the
terms being embodied in an order of the Court.A composition
or scheme accepted and approved as aforesaid shall be binding on all
the creditors so far as relates to any debts due to them from the debtor
and provable in bankruptcy:Provided that if any such debt was
incurred by fraud or forbearance of the payment thereof before the
date of the arrangement was obtained by fraud,the debtor shall remain
liable for the unpaid to the arrangement.As regards any debt not provable
in bankruptcy,it shall be binding on the creditor if he assents to the
composition or scheme,but not otherwise.
(7.)The provisions of a composition or scheme under this section may
be enforced by the Court on application by any person interested,and
any disobedience of an order of the Court made on the application shall
be deemed a contempt of Court.
(8.)If default is made in payment of any instalment due in pursuance
of the composition or scheme,or if it appears to the Court that the composition or scheme cannot,in consequece of legal difficulties or for
any other sufficient cause,proceed without injustice or undue delay to the
creditors or to the debtor,or that the approval of the Court was obatined
by fraud,the Court may,if it thinks fit,on application by any creditor,
adjudge the debtor bankrupt and annual the composition or scheme,but
without prejudice to the validity of any sale,disposition,or payment
duly made or thing duly done under or in pursuance of the composition
or scheme.Where a debtor is adjudged bankrupt under this sub-section,
any debt provable in other respects which has been contracted before the
date of the adjudication shall be provable in the bankruptcy.
(9.)If,under or in pursuance of a composition or scheme,a Trustee
is appointed by the creditors to administer the debt's property or
manage his business,Part III shall apply to the Trustee and to the
composition or scheme as if the Trustee were a Trustee in a bankruptcy
and if as the terms 'bankruptcy,' 'bankrupt,' and 'order of adjudi-
cation' includeed respectively a composition or scheme of arrange-
ment,a compounding or arranging debtor,and an order approving the
composition or scheme.
(10.)Part II shall,so far as the nature of the case and the terms of
the composition or scheme admit,apply thereto,the same interpretation
being given to the words 'Trustee,' 'bankruotcy,' 'bankrupt,' and
'order of adjudication' as in the last preceding sub-section.
(11.)No composition or scheme shall be approved by the Court which
does not provide for the payment in priority to other of all debts
directed to be so paid in the distribution of the property of a bankrupt.
Adjudication of Bankruptcy.
19.-(1.)Where a receiving order is made against a debtor,then,if
the creditors,at the first meeting or any adjournment thereof,by
resolution resolve that the debtor be adjudged bankrupt or pass no
resolution,or if the creditors do not meet,or if a composition or scheme
is not accepted or approved within fourteen days after the conclusion of
the examination of the debtor or such further time as the Court may
allow,the Court shall adjudge the debtor bankrupt;and therupon the
property of the bankrupt shall become divisible among his creditors and
shall vest in a Trustee.
(2.)Notice of every order adjudging a debtor bankrupt,stating the
name,address,and description of the bankrupt,the date of the adjudica-
tion,and the name of the Trustee,shall be gazetted and advertised in
at least one local paper.
(3.)The date of the order shall,for the purpose of this Ordinance,
be the date of the adjudication. 20.-(1.)At any time prior to adjudication the creditors may,by
ordinary resolution,nominate some fit person to be Trustee in the
bankruptcy,and on making the adjudication the Court shall appoint the
creditors' nominee or,if dissatisfied with the nomination or if there is
no nomination,some other person to be Trustee.The Official Receiver
may be appointed Trustee,if the Court thinks fit.
(2.)A Trustee other than the Official Receiver shall give such security
as the Court may direct.
21.-(1.)At the first or any sunsequent meeting the creditors may,by
ordinary resolution ,appoint from among the creditors qualified to vote
or the holders of general proxies or general powers of attorney a
Committee of Inspector,consisting of three persons ,for the purpose of
superintending the administration of the bankrupt's property by the
Trustee.
(2.)Any two members of the Committee may act.
(3.)On a vacancy occuring by death,resignation,incapacity,or
otherwise,the Trustee shall summon a meeting of creitors for the
purpose of filing the vacancym,but the continuing members may act
notwithstanding the vacancy.
(4.)If there is no Committee of Inspector,any act or thing or any
direction or permission by this Ordinance authorized or required to be
done or given by the Committee may be done or given by the Court on
the application of the Trustee.
22.-(1.)Where a debtor is adjudged bankrupt the creditors,may ,if
they think fit,at any time after the adjudication,by special resolution,
resolve to entertain a proposal for a composition or scheme of arrange-
ment of the bankrupt's affairs;and thereupon the same proceedings
shall be taken and the same consequences shall ensue as in the case of a
composition or scheme accepted before adjudication.
(2.)When a composition or scheme is approved by teh Court after
adjudication,or if the Court is satisfied,by fresh evidence or otherwise,
that the debtor ought not to have been adjudged bankrupt,or when the
debts of the bankrupt are all paid in full,with interest ,the Court may
annual the adjudication ,but such annulment shall not invalidate or affect
acts theretofore done by the Official Receiver,Trustee,or manager,or
any person acting under their authority or under the authority of the meeting of his creditors and shall submit to such examination and give
such information as the meeting may require.
(2.)He shall give such inventory of his property,such list of his
creditors and debtors and of the debts due to and from them
respectively,submit to such examination in respect of his property or
his creditors,attend such other meetings of his crediors,wait at such
times on the Official Receiver,special manager,or Trustee,execute such
powers of attorney,conveyances,deeds,and instruments,and generally
do all such acts and things in relation to his property and the distri-
bution of the proceeds among his creditors as may be reasonable
rrequired by the Official Receiver,special manager,Trustee,or any
creditor or person interested.
(3.)He shall,if adjudged bankrupt,aid to the utmost of his power
in the realization of his property and the distribution of the proceeds
among his creditors.
(4.)If a creditor wilfully fails to perform the duties imposed on him
by this secion or to deliver up possession of any part of his property
which is deivisible among his creditors under this Ordinance,and which
is for the time being in his possession or under his control,to the
Official Receiver,or to the Trustee,or to any person authorized by the
Court to take possession of it,he shall,in addition to any other punish-
ment to which he may be subject,be guilty of a contempt of Court and
may be punished accordingly.
24.-(1.)The Court may,by warrant,cause a debtor to be arrested
and any books,papers,money,and goods in his possession to be seized,
and him and them safely jept until such time as the Court may order,
under the following circumstances:-
(a.)if,after a bankruptcy notice has been issued under this Ordi-
nance or after the presentation of a bankruptcy petition by or
against him,it appears to the Court that there is probable reason
for believing that he has absconded or is about to abscond
with a view of avoiding payment of the debt in respect of
which the bankruptcy notice was issued,or of avoiding service
of a bankruptcy petition,or of avoiding appearance to any
such petition ,or of avoiding examination in respect of his
affairs,or of otherwise avoiding,delaying,or embarrassing
proceedings in bankruptcy against him;
(b.)if,after presentation of a bankruptcy petition by or against
him,it appears to the Court that there is probable cause for
believing that he is about to remove his goods with a view of
preventing or delaying possession being taken of them by the
Official Receiver or Trustee,or that there is probable ground for
believing that he has concealed or is about to conceal or destroy
any of his goods or any books,documents,or writings which
might be of use to his creditors in the course of his bankruptcy;
(c.)if,agter service of a bankruptcy petition on him or after a
receiving order has been made against him,he removes any
goods in his possession above the value of twenty-five dollars,
without the leave of the Official Receiver or Trustee;
(d.)if ,without good cause shown,he fails to attend any examina-
tion ordered by the Court;and
(e.)if there is probable reason for believing that the debtor has
comitted an offence punishable under this Ordinance.
(2.)When an order of committal is made against a debtor or other
person for disobeying any order of the Court or of the Official Receiver
or Trustee to do some particular act or thing,the Court may direct that
the order of committal shall not be issued provided that such debtor or
person,as the case may be,obeys the previous order within a specified time.
(3.)No payment or composition made or security given after arrest
made under this section shall be exempt from the provisions of this
Ordinance relating to fraudulent preferences.
(4.)At any time after a receiving order has been made,the Court
may,if it thinks fit,issue a warrant for the seizure and detention of
any books,papers,money,or goods in the debtor's possession.
25.Where a receiving order is made against a debtor,the Court,on
the application of the Official Receiver or Trustee,may from time to
time order that,for such time not exceeding three months as the Court
thinks fit,telegrams,post letters,and parcels addressed to the debtor
at any specified place or places shall be re-directed,sent,or delivered
by the agent of the telegraph company,or the Colonial Postmaster
General,or the officers acting under him to the Official Receiver or the
Trustee or otherwise as the Court may direct,and the same shal be
done accordingly.
26.-(1.)The Court may,at any time after a receiving order has been
made against a debtor,summon before it the debtor or his wife or any
person knwon or suspected to have in his possession any of the estate or
effects belonging to the debtor or supposed to be indebted to the debtor,
or any person whom the Court may deem capable of giving information
respecting the debtor,his dealings,or property;and the Court may
require any such person to produce any documents in his custody or
power relating to the debtor,his dealings or property.
(2.)If any person so summoned,after having been tendered a
reasonable sum,refuses to come before the Court at the time appointed
or refuses to produce any such document,having no lawful impediment made known to Court at the time of its sitting and allowed by it,the
Court may,by warrant,cause him to be apprehended and brought up
for examination.
(3.)The Court,by itself or by a Commissioner appointed for the
purpose,may examine upon oath,either by word of mouth or by written
interrogatories,any person so brought before it concerning the debtor,
his dealings or property.
(4.)If any person,on examination,admits that he is indebted to the
debtor,the Court may,on the application of the Official Receiver or
Trustee,order him to pay to the Receiver or Trustee,at such time and
in such manner as the Court may think proper,the amount admitted or
any part thereof,either in full discharge of the whole amount in question
or not,as the Court thinks fit,with or without costs of the examination.
(5.)If any person,on examination,admits that he has in his possession
any property belonging to the debtor,the Court may,on the application
of the Official Receiver or Trustee,order him to deliver to the Official
Receiver or Trustee such terms as the Court may seem just.
(6.)The Court may,if it thinks fit,order that any person who,if
in the Colony,would be liable to be brought before it under this section
shall be examined by a commissioner appointed for the purpose in any
place out of the Colony.
(7.)In the case of the death of the debtor or his wife or of a witness
whose evidence has been duly taken under this Ordinance,the deposition
of the person so deceased,purporting to be sealed with the Seal of the
Court,or a copy thereof purporting to be so sealed,shall in all legal
proceedings be admitted as evidence of the matters therein deposed to,
saving all just exceptions.
Discharge of Bankrupt.
27.-(1.)A bankruptcy may,at any time after being adjudged bank-
rupt,apply to the Court for an order of discharge,and the Court shall
appoint a day for hearing the application,but the application shall not
be heard until the public examination of the bankrupt is concluded.
The application shall be heard in open Court.
(2.)Where the bankrupt does not of his own accord,within such time
as the Court may deem reasonable,apply for his discharge,the Court
may,of its own motion or on the application of the Trustee or of any
creditor who has proved,make an order calling upon the bankrupt to
come up for his discharge on a day to be fixed by the Court,and,on due
service of the order,if the bankrupt does not appear on the day fixed
thereby,the Court may make such order as it thinks fit,subject to the
provisions of this section.
(3.)On the hearing of the application or on the day fixed for the
bankrupt to come up for his discharge as aforesaid,the Court,subject to
the provisions hereinafter contained,may either garnt or refuse an
absolute order of discharge,or suspend the operation of the order for a
specified time,or garnt an order of discharge subject to any conditions
with respect to any earnings or income which may afterwards become
due to the bankrupt or with respect to his after-acquires property:
Provided that the Court shall refuse the discharge in all cases where
the bankrupt has committed any misdemeanor under this Ordinance,and
shall,on proof of any of the facts hereinafter mentioned,either refuse
the order,or suspend the operation of the order for a specified time,or
grant an order of discharge subject to any such conditions as aforesaid.
(4.)The facts hereinbefore referred to are-
(a.)that the bankrupt,with intent to conceal the true state of his
affairs,has ommitted to keep such books of account as are usual
and proper in the business carried on by him and as sufficiently
disclose his business transactions and financial position within
the three years immediately preceding his bankrupt;
(b.)that the bankrupt has carried on trade by means of fictitious
capital;
(c.)that the bankrupt has continued to trade after knowing himself
to be insolvent;
(d.)that the bankrupt has contracted any debt provable in the
bankruptcy without having,at the time of contracting it,any
reasonable or probable ground of expectation (proof whereof
shall lie on him) of being able to pay it;
(e.)that the bankrupt has brought on his bankruptcy by rash and
hazardous speculations or unjustifiable extravagance in living;
(f.)that the bankrupt has put any of his creditors to unneces-
sary expense by a frivolous or vexatious defence to any action
properly brought against him;
(g.)that the bankrup has,within four months next preceding
the date of the receiving order,when unable to pay his debts
as they became due,given an undue preference to any of his
creditors;
(h.)that the bankrupt has on any precious occasion been adjudged
bankrupt or made a statutory composition or arrangement with
his creditors;
(i.)that the bankrupt has been guilty of any fraud or fraudulent
breach of trust;
(j.)that the bankrupt has,since the commencement of the bank-
ruptcy proceedins,misconducted himself in connexion with such
proceedings;and (k.)that a dividend or dividents of 50 per cent. has or have not
been paid or will not,in the opinion of the Trustee,be payable
on the debts proved.
(5.) The Court may,on proof to its satisfaction of the facts mentioned
in paragraphs (a.),(b.),(c.),(d.),(e.),or (f.)of the last preceding sub-
section,summarily sentence the bankrupt to imprisonment,with ot
without hard labour,for any term not exceeding one year.
(6.)Notice of the appointment by the Court of the day for hearing
the application for dicharge shall be gazetted and published in at least
one local newspaper not less than fourteen days at least before the day
so appointed.The Court may hear the Official Receiver,the Trustee,
and any creditor.At the hearing the Court may put such questions to
the debtor and receive such evidence asit may think fit.
(7.)The Court may,as one of the conditions referred to in this section,
allow judgment to be entered against the bankrupt by the Trustee for
any balance or part of any balance of the debts provable under the
bankruptcy which is not satisfied at the date of the discharge,but in
such case execution shall not be issued on the judgment without leave of
the Court,which leave may be given on proof that the bankrupt has
since his discharge,acquired property or income available for payment
of his debts.
(8.)A discharged bankrupt shall,notwithstanding his discharge,give
such assistance as the Trustee may require in the realization and dis-
tribution of such of his property as is vested in the Trustee,and,if he
fails to do so,he shall be guilty of a contempt of Court,and the Court
may also,if it thinks fit,revoke his discharge,but without prejudice to
the validity of any sale,disposition,or payment duly made or thing duly
done subsequent to the discharge but before its revocation.
28.-(1.)An order discharged shall not release the bankrupt from
any debt on a recognizance or bail-bond to the Crown or to a public
officer as such or from any debt with which the bankrupt may be
chargeable at the suit of any public officer on behalf of the Crown,and
the bankrupt shall not be discharged from such excepted debts unless the
Colonial Treasurer cxertifies in writing his consent to his being discharged
therefrom.
(2.)An order of discharge shall not release the bankrupt from
any debt or liability incurred by means of any fraud or fraudulent
breach of trust to which he was a party or from any debt or liability
whereof he has obtained forbearance by any fraud to whch he was
a party.
(3.)An order of discharge shall release the bankrupt from all other
debts provable in bankruptcy. (4.)An order of discharge shall not release any person who,at the
date of the receiving order,was a partner or co-trustee with the bankrupt
or was jointly bound or had made any joint contract with him or any
person who was surety or in the nature of a surety for him.
29.-(1.)Where,in the opinion of the Court,a debtor ought not to
have been adjudged bankrupt or where it is proved,to the satisfaction of
the Court,that the debts of the bankrupt have been paid in full or fully
secured to the satisfaction of the Court,the Court may,on the applica-
tion of any person interested,by order annul the adjudication.
(2.)Notice of the order annulling an adjudication shall be forthwith
gazetted.
(3.)Where an adjudication is annulled,all sales and dispositions of
property and payments duly made and acts theretofore done by the
Official Receiver,Trustee,manager,or other person acting under their
authority or by the Court shall be valid,but the property of the debtor
who was adjudged bankrupt shall vest in such person as the Court may
appoint,or,in default of any such appointment,revert to the debtor for
all his estate or interest therein,on such terms and subject to such
conditions,if any,as the Court may,by order,declare.
PART II.
ADMINISTRATION OF PROPERTY.
Proof of Debts.
30.-(1.)A debt may be proved,immediately after the making of a
receiving order,by delivering or sending through the post to the Official
Receiver or to the Trustee an affidavit verifying the debt made by the
creditor or by some person on his behalf having knowledge of the
necessary facts.
(2.)The affidavit shall state whether the creditor is or is not a secured
creditor.
(3.)If a secured creditor realizes his security,he may prove for the
balance due to him,after deducting the net amount realized.
(4.)If a secured creditor surrenders his security for the benefit of the
creditors,he may prove for his whole debt.
(5.)If a secured creditor neither realizes nor surrenders his security,
he may in his proof set a value on it and prove for the balance, but
when it is so valued the Trustee may,at any time before it is realized,
redeen it for the benefit of the estate on payment of the amount of the
valuation,or the Court,on the application of the Trustee,may order the
realization of the security by sale by public auction or otherwise:
Provided that the creditor may at any time,by notice in writing,
require the Official Receiver or Trustee to elect whether he will or
will not exercise his power of redeeming the security or requiring it to
be realized,and if the Official Receiver or Trustee does not,within six
months after receiving notice as aforesaid,signify in writing to the
creditor his election to exercise te power,he shall not be entitled to
exercise it;and the equity of redemption or other interest in the
property comprised in the security which is vested in the Official
Receiver or Trustee shall vest in the creditor,and the amount of his debt
shall be reduced by the amount at which the security has been valued.
(6.)By leave of the Court,a valuation as above provided for may be
amended on such terms as the Court may think just,on proof that it
was made boan fide on a mistaken estimate or that the security has
increased or diminished in value since the prior valuation.
(7.)If a creditor's security is realized after valuation ,the net amount
realized shall,for the purposes of proof,be substituted for the amount
of the valuation.
(8.)Where a creditor seeks to prove in respect of a bill of exchange,
promissory note,or other negotiable instrument or security on which
the debtor is liable,such bill of exchange,note,instrument,or security
must,subject to any special order of the Court,be produced to the
Official Receiver before the proof can be admitted either for voting or
for dividend,and the amount of any dividend paid must be indorsed
on the instrument.
(9.)Subject to the power of the Court to extend the time,the Official
Receiver or Trustee shall,within fourteen days after receiving a proof,
either admit it,or reject it wholly or in part,or require further evidence
in support of it,and shall notify his decision to the creditors at the next
general meeting.An appeal to the Court from the admission or re-
jection of a proof shall not lie after the expiration of one month from
the date of the decision,unless the Court allows it for special reasons
shown.
31.-(1.)Demands in the nature of unliquidated damages arising
otherwise than by reason of a contract ,promise,or breach of trust shall
not be provable in bankruptcy.
(2.)A person having notice of any act of bankruptcy available
against the debtor shall not prove for any debt or liability contracted
by the debtor sunsequently to the date of his so having notice.
(3.)Save as aforesaid,all debts and liabilities,present or future,
certain or contingent,to which the debtor is subject at the date of the
receiving order,or to which he may become subject before his discharge
by reason of any obligation incurred before the date of the receiving
order,shall be deemed to be debts provable in bankruptcy. (4.)The value of any debt or liability provable as aforesaid which,
by reason of its being subject to any contingency or contingencies or
for any other reason,does not bear a certain value may be estimated by
the Court,on the application of the Trustee.The amount so estimated
shall be deemed a debt provable in bankruptcy,but if the Court is of
opinion that the debt or liability cannot be fairly estimated,it shall
not be deemed provable in bankruptcy.
(5.)'Liability' shall,for the purposes of this Ordinance,include any
compensation for work or labour done,any obligation or probability of
an obligation to pay money or money's worth on the breach of any
express or implied covenant,contract,agreement,or undertaking,
whether the breach does or does not occur,or is or is not likely to occur
or capable of occurring,before the discharge of the debtor,and generally
it shall include any express or implied engagement,agreement,or
undertaking to pay,or capable of resulting in the payment of,money or
money's worth,whether the payment is,as respects amount,fixed or
unliquidated;as respects time,present or future,certain or dependent
on any one contingency or on two or more contingencies;or as to mode
of valuation,capable of being ascertained by fixed rules or as matter of
opinion.
32.Where there have been mutual credits,mutual debts,or other
mutual dealings between the debtor against whom a receiving order has
been made and a creditor,the sum due from the one party shall be set
off against any sum due from the other party,and the balance of the
account and no more shall be claimed or paid on either side respectively:
Provided that a creditor shall have no set-off in respect of any credit
given to the debtor after the creditor has had notice of an act of bank-
ruptcy committed by the debtor and available against him for adjudi-
cation.
Appropriation of Assets.
33.-(1.)The assets remaining after payment of the actual expenses
incurred in realizing any of the assets of the debtor shall,subject to any
order of the Court,be liable to the following payments ,which shall be
made in the following order or priority,namely,-
(a.)the actual expenses incurred by the Official Receiver in pro-
tecting the property or assets of the debtor or any part thereof
and any expenses or outlay incurred by him or by his authority
in carrying on the business of the debtor;
(b.)the fees,percentages,and charges payable to,or costs,charges,
and expenses incurred or authorized by,the Official Receiver;
(c.)the remuneration of the special manager,if any;and
(d.)the taxed costs of the petitioners,so far as the same may not
have been disallowed by the Court.
(2.)Whenever the Court is satisfied that property of a debtor in respect
of whose estate a receiving order has been made has been preserved for
the benefit of the creditors by means of legal proceeding brought
by a creditor against the debtor without notice of any available act of
bankruptcy committed by the debtor,the Court may,in its discretion,
order the payment of the costs of such legal proceedings or any part of
them (taxed as between party and party) out of the estate,with the
same priority as to payment as is herein provided in respect of the taxed
costs of the petitioner.
34.-(1.)In the distribution of the property of a bankrupt there shall
be paid in priority to all other debts-
(a.)all local rates due from the bankrupt at the date of the receiv-
ing order,having first become due and payable within twelve
months next before such date;
(b.)the wages or salry of any clerk or servant in respect of ser-
vices rendered to the bankrupt during the four months next
preceding the date of the receiving order and not exceeding
three hundred dollars.;
(c.)the wages of any labourer or workmen not exceeding one
hundred dollars,whether payable for time or piecework,in re-
spect of services rendered to the bankrupt during the four
months immediately preceding the receiving order;and
(d.)such part of any premium paid by or on behalf any appren-
tice or articled clerk under service to the bankrupt as the
Court may order.
(2.)The foregoing debts shall rank equally between themselves and
shall be paid in full unless the property of the bankrupt is imsufficient
to meet them,in which case they shall abate in equal proportions between
themselves.
(3.)The joint estate of partners shall be applicable in the first instance
in payment of their joint debts,and the separate estate of each partner
shall be applicable in the first instance in payment of his separate debts.
If there is a surplus of the separate estates,it shall be dealt with as part
of the joint estate.If there is a surplus of the joint estate,it shall be
dealt with as part of the respective separate estates in proportion to the
right and interest of each partner in the joint estate.
(4.)Subject to the provisions of this Ordinance,all debts proved in
the bankruptcy shall be paid pari passu.
(5.)If there is any surplus after payment of the debts,it shall be
applied in payment of interest from the date of the receiving order at the rate of eight dollars per centum per annum on all debts proved in
the bankruptcy.
35. The landlord or other person to whom any rent is due from the
bankrupt may,subject to the provisions of the Distraint for Rent Or-
dinance,1883,at any time either before or after the commencement of
the bankrupt,distrain upon the goods and chattels of the bankrupt
for the rent due:Provided that if such distress is levied after the
commencement of the bankruptcy,it shall be available only for six
months' rent accrued due prior to the date of the order of adjudication,
but the landlord or other person to whom the rent may be due may
prove under the bankruptcy for the surplus due for which the distress
may not have been available.
Property available for Payment of Debts.
36.The bankruptcy of a debtor shall be deemed to have relation
back to and to commence at the time of the act of bankruptcy being
committed on which the receiving order was made,or,if the bankrupt
is proved to have committed more acts of bankruptcy than one,to have
relation back to and to commence at the time of the first of the acts of
bankruptcy proved to have been committed by the bankruptcy petition;but
no bankruptcy petition,receiving order,or adjudication shall be ren-
dered invalid by reason of any act of bankruptcy anterior to the debt
of the petition creditor.
37.The property of the bankrupt divisible among his creditors(in
this Ordinance referred to as the property of the bankrupt)shall not
comprise the following particulars:-
(1.)property held by the bankrupt on trust for any other person;
or
(2.)the tools,if any,of the bankrupt's trade and the necessary
wearing apparcel and bedding of himself and his family dependent
on and residing with him,to a value,inclusive of tools,apparcel,
and bedding,not exceeding in the whole one hundred dollars;
but it shall comprise the following particulars:-
(1.)all such property as may belong to or be vested in the bankrupt
at the commencement of the bankruptcy or may be acquired by or
devolve on him before his discharge;
(2.)the capacity to exercise,and to take proceedings for exercising,
all such powers in,over,or in respect of property as might have
been exercised by the bankrupt for his own benefit at the
commencement of his bankruptcy or before his discharge;and (3.)all goods being,at the commencement of the bankruptcy,in the
possession,order,or disposition of the bankrupt in his trade or
business by the consent and permissoin of the true owner,under
such circumstances that he is the reputed owner thereof:Provided
that things in action,other than debts due or growing due to the
beankrupt in the course of his trade or business,shall not be
deemed goods within the meaning of this section.
Effect of Bankruptcy on antecedent Transactions.
38.-(1.)Where a creditor has issued execution against the property
of a debtor,he shall not be entitled to retain the benefit of the
execution against the Trustee in bankruptcy of the debtor,unless he has
completed the execution before the date of the receiving order and
before notice of the presentation of any bankruptcy petition by or
against the debtor or of the commission of any available act of bank-
rupcy by the debtor.
(2.)For the purposes of this Ordinance,an execution shall be deemed
to be completed-
(a.)in the case of goods,chattels,or other movable property in
the possession of the debtor or of negotiable instruments,by
seizure and sale;
(b.)in the case of goods,chattels,or other movable property to
which the debtor is entitled subject to a lien or right of some
person to the immediately possession thereof,by attachment by
prohibitory order and sale;
(c.)in the case of lands,houses,or other immovable property or
any interest therein,either at law or in equity,by attachment
by prohibitory order and due registration thereof in the Land
Office;
(d.)in the case of an attachment of a debt not being a negotiable
instrument,by receipt of the debt;
(e.)in the case of shares in any public company or corporation,
by attachment by prohibitory order;
(f.)in the case of property in the custody or under the control of
any public officer in his official capacity or in custodia legis,by
attachment by prohibitory order duly obtained and served;and
(g.)in the case of any equitable interest in lands,houses,or other
immovable property,by the appointment of a receiver or
manager.
39.-(1.)Where the goods of a debtor are taken in execution ,and
before the sale thereof notice is served on the Bailiff that a receiving
order has been made against the debtor,the Bailiff shall,on request, deliver the goods to the Official Receiver or Trustee under the order,but
the costs of the execution shall be a charge on the goods so delivered,
and the Official Receiver or Trustee may sell the goods or an adequate
part thereof for the purpose of satisfying the charge.
(2.)Where the goods of a debtor are sold under an execution in
respect of a judgment for a sum exceeding one hundred dollars,the
Bailiff shall deduct the costs of the execution from the proceeds of sale
and pay the balance into Court,and if,within fourteen clear days of
such sale,a bankruptcy petition is presented by or against the debtor,
the said balance shall remain in Court until after the hearing of the
petition,and if the debtor is adjudged bankrupt the balance shall be
paid out to the Trustee in the bankruptcy,who shall be entitled to retain
the same as against the execution creditor,but otherwise it shall be dealt
with as if no bankruptcy petition had been presented.
(3.)An execution completed as aforesaid is not invalid by reason only
of its being an act of bankruptcy,anf a person who purchases the
property of the debtor in good faith under a sale shall in all cases
acquire a good title to it as against the Trustee in bankruptcy.
40.-(1.)Any settlement of property,not being a settlement made
before and in consideration of marriage,or made in favour of a pur-
chaser or incumbrancer in good faith and for valuable consideration,
or made on or for the wife or children of the settlor of property which
has accrued to the settlor after marriage in right of his wife,shall,
if the settlor becomes bankrupt within two years after the date of the
settlement,be void against the Trustee in the bankruptcy,and shall ,if
the settlor becomes bankrupt at any subsequent time within ten years
after the date of the settlement,be void against the Trustee in the
bankruptcy,unless the parties claiming under the settlement can prove
that the settlor was,at the time of making the settlement,able to pay
all his debts without the aid of the property comprised in the settlement,
and that the interest of the settlor in such property had passed to the
trustee of the settlement on the execution thereof.
(2.)Any covernant or contract made in consideration of marriage,for
the future settlement on or for the settlor's wife or children of any
money or property wherein he had not,at the date of his marriage,any
estate or interest,whether vested or contingent,in possession or re-
mainder,and not being money or property of or in right of his wife,
shall,on his becoming bankrupt before the property or money has been
actually transferred or paid pursuant to the covenant or contract,be
void against the Trustee in the bankruptcy.
(3.)'Settlement' shall,for the purposes of this section,include any
conveyance or transfer of property.
41.-(1.)Every conveyance or transfer of property or charge thereon
made,every payment made,every obligation incurred,and every
judicial proceeding taken or suffered by any person unable to pay his
debts as they become due from his own money in favour of any creditor
or any person in trust for any creditor,with a view of giving such
creditor a preference over the other creditors,shall,if the person making,
taking,paying,or suffering the same is adjudged bankrupt on a
bankruptcy petition presented within four months after the date of
making,taking,paying,or suffering the same,be deemed fraudulent and
void as against the Trustee in the bankruptcy.
(2.)This section shall not affect the rights of any person making title
in good faith and for valuable consideration through or under a creditor
of the bankrupt.
42.Subject to the preceding provisions of this Ordinance with
respect to the effect of bankruptcy on an execution or attachment and
with respect to the avoidance of certain settlements and preferences,
nothing in this Ordinance shall invalidate,in the case of a bankruptcy,-
(1.)any payment by the bankrupt to any of his creditors;or
(2.)any payment or delivery to the bankrupt;or
(3.)any conveyance or assignment by the bankrupt for valuable
consideration;or
(4.)any contract,dealing,or transaction by or with the bankrupt for
valuable consideration:
Provided that both the following conditions are complied with,
namely,-
(1.)the payment,delivery,conveyance,assignment,contract,dealing,
or transaction,as the case may be,takes place before the date of the
receiving order;and
(2.)the person(other than the debtor)to,by,or with whom the
payment,delivery,conveyance,assignment,contract,dealing,or
transaction was made,executed,or entered into has not,at the time
of the payment,delivery,conveyance,assignment,contract,dealing,
or transaction,notice of any available act of bankruptcy comitted
by the bankrupt before that time.
Realization of Property.
43.-(1.)The Trustee shall,as soon as may be,take possession of the
deeds,books,and documents of the bankrupt and all other parts of his
property capable of manual delivery.
(2.)The Trustee shall,in relation to and for the purpose of acquiring
or retaining possession of the property of the bankrupt,be in the same
position as if he were a receiver of the property appointed by the Court, and the Court may,on his application,enfore such acquisition or
retention accordingly.
(3.)Where any part of the property of the bankrupt consists of
stock,shares in ships,shares,or any other property transferable in the
books of any company,office,or person,the Trustee may exercise the
right to transfer the property to the same extent as the bankrupt might
have exercised it if he had not become bankrupt.
(4.)Where any part of the property of the bankrupt consists of
things in action,such things shall be deemed to have been duly assigned
to the Trustee.
(5.)Any officer,clerk,servant,compradore,employe,or person acting
as banker,attorney,or agent of a bankrupt shall pay and deliver to the
Trustee all moneys and securities in his possession or power which he is
not by law entitled to retain as against the bankrupt or the Trustee.If
he does not,he shall be guolty of a comtempt of Court and may be
punished accordingly,on the application of the Trustee.
44.Any person acting under a warrant of the Court may seize any
part of the property of a bankrupt in the custody or possession of the
bankrupt or of any other person,and,with a view to such seizure ,may
break open any house,building,or room of the bankrupt where the
bankrupt is supposed to be,or any building or receptacle of the bankrupt
where any of his property is supposed to be;and when the Court is
satisfied that there is reason to believe that any property of the bankrupt
is concealed in a house or place not belonging to him,the Court may,if
it thinks fit,grant a search warrant to any constable or officer of the
Court who may execute it accordingly.
45.Where the bankrupt is possessed of any property out of the
Colony,the Trustee shall require him to join in selling the same for the
benefit of the creditors and to sign all necessary authorities,powers,
deeds,and documents for the purpose,and if and so often as the bank-
rupt refuses to do so,he may be punished for a contempt of Court.
46.When a bankrupt is an officer of the Navy or Army or an
officer or clerk otherwise employed or engaged in the Civil Service of
the Government,the Trustee shall receive for distribution among the
creditors so much of the bankrupt's pay or salary as the Court,on the
application of the Trustee,with the consent of the Chief Officer of the
Department under which the pay or salary is enjoyed,may direct.
47.-(1.)Until a Trustee is appointed,the Official Receiver shall be
the Trustee for the purposes of this Ordinance,and,immediately on a
debtor being adjudged bankrupt,the property of the bankrupt shall
vest in the Trustee. (2.)On the appointment of a Trustee,the property shall forthwith
pass to and vest in the Trustee appointed.
(3.)The property of the bankrupt shall pass from Trustee to Trustee,
including under that term the Official Receiver when he fills the office of
Trustee,and shall vest in the Trustee for the time being during his continu-
ance in office,without any conveyance,assignment,or transfer whatever.
48.-(1.)When any part of the property of the bankrupt consists of
land of any tenure burdened with onerous convenants or liabilities,or of
shares or stock in companies,or of unprofitable contracts,or of any
other property that is unsaleable or not readily saleable by reason of its
binding the possessor thereof to the performance of any onerous act or
to the payment of any sum of money,the Trustee,notwithstanding
that he has endeavoured to sell or has taken possession of the property
or exercised any act of ownership in relation thereto,but subject to
the provisions of this section,may,by writing signed by him,at any
time within six months after the appointment of a Trustee,disclaim
the property:Provided that where any such property has not come
to the knowledge of the Trustee within three months after such
appointment,he may disclaim such property at any time within three
months after he first became aware thereof.
(2.)The disclaimer shall operate to determine,as from the date of
disclaim,the rights,interests,and liabilities of the bankrupt and his
property in or in respect of the property disclaimed,and shall also dis-
charge the Trustee from all personal liability in respect of the property
disclaimed as from the date when the property vested in him,but shall
not,except so far as is necessary for the purpose of releasing the bank-
rupt and his property and the Trustee from liability,affect the rights or
liabilities of any other person.
(3.)A Trustee shall not be entitled to disclaim a lease without leave
of the Court,and the Court may,before or on granting such leave ,require
such notices to be given to persons interested,and impose such terms as
a condition of granting leave,and make such orders with respect to
fixtures,tenants' improvements,and other matters arising out of the
tenancy as the Court may think just.
(4.)The Trustee shall not be entitled to disclaim any property in
pursuance of this section in any case where an application in writing has
been made to the Trustee by any person intereted in the property
requiring him to decide whether he will disclaim or not,and the Trustee
has,for a period of twenty-eight days after the receipt of the application
or such extended period as may be allowed by the Court,declined or
neglected to give notice whether he disclaims the property or not;and
in the case of a contract,if the Trustee,after such application as afore- said,does not,within the said period or extended period,disclaim the
contract,he shall be deemed to have adopted it.
(5.)The Court may,on the application of any person who is,as against
the Trustee,entitled to the benefit or subject to the burden of a contract
made with the bankrupt,make an order rescinding the contract on such
terms as to payment by or to either party of damages for the non-
performance of the contract or otherwise as to the Court may seem
equitable,and any damages payable under the order to any such person
may be proved by him as a debt under the bankrupt.
(6.)The Court may,on application by any person either claiming any
interest in any disclaimed property or under any liability not discharged
by this Ordinance in respect of any disclaimed property,and on hearing
such persons as it may thinkfit,make an order for the vesting of the
property in or delivery thereof to any person entitled thereto or to whom
it may seem just that the same should be delivered by way of compensation
for such liability as aforesaid or a trustee for him,and on such terms as the
Court may think just;and,on such vesting order being made,the property
comprised therein shall vest accordingly in the person therein named in that
behalf,without any conveyance or assignment for the purpose:Provided
always that where the property disclaimed is of a leasehold nature,the
COurt shall not make a vesting order in favour of any person claiming
under the bankrupt except on the terms of making such person subject
to the same liabilities and obligations as the bankrupt was subject to
under the lease in respect of the property at the date when the bank-
ruptcy petition was filed,and any mortgagee or under-lessee declining
to accept a vesting order on such terms shall be excluded from all interest
in and security upon the property;and if there is no person claiming
under the bankruptcy who is willing to accept an order on such terms,the
Court shall have power to vest the bankrupt's estate and interest in the
property in any person liable,either personally or in a representative
character and either alone or jointly withh the bankrupt,to perform the
lessee's convenants in such lease,freed and discharged from all estates,
encumbrances,and interests created therein by the bankrupt.
(7.)Any person injured by the operation of a disclaimer under this
section shall be deemed to be a creditor of the bankrupt to the extent of
the injury,and may accordingly prove the same as a debt under the
bankruptcy.
49.Subject to the provisions of this Ordinance and to any general or
special order of the Court,the Trustee may do all or any of the following
things:-
(1.)sell all or any part of the property of the bankrupt(including the
good-will of the business,if any,and the book debts due or growing due to the bankrupt)by public auction or private contract,with
power to transfer the whole thereof to any person or company or to
sell the same in parcels;
(2.)give receipts for any any money received by him,which receipts shall
effectually discharge the person paying the money from all re-
sponsibility in respect of the application thereof;
(3.)prove,rank,claim,and draw a dividend in respect of any debt
due to the bankrupt;and
(4.)exercise any powers the capacity to exercise which is vested in
the Trustee under this Ordinance,and execute any powers of
attorney,deeds,and other instruments for the purpose of carrying
into effect the provisions of this Ordinance.
50.-(1.)The Trustee may,with the permission of the Committee
of Inspection,do all or any of the following things:-
(a.)carry on the business,if any,of the bankrupt so far as may be
necessary for the beneficial winding-up of the same;
(b.)bring,institute,or defend any action or other legal pro-
ceeding relating to the property of the bankrupt;
(c.)employ a solicitor or other agent to take any proceedings or
do any business sanctioned by the Committee;
(d.)accept as the consideration for the sale of any property of
the bankrupt a sum of money payable at a future time,subject
to such stipulations as to security and otherwise as the Com-
mittee may think fit;
(e.)mortgage or pledge any part of the property of the bankrupt
for the purpose of raising money for the payment of his debts;
(f.)refer any dispute to arbitration and compromise all debts,
claims,and liabilities on such terms as may be agreed upon;
(g.)make such compromise or other arrangement as may be though
expedient with creditors or persons claiming to be creditors in
respect of any provable debts;
(h.)make such compromise or other arrangement as may be
though expedient with respect to any claim arising out of or
incidental to the property of the bankrupt made or capable of
being made on the Trustee by any person or by the Trustee
on any person;and
(i.)divide in its existing form among the creditors,according to
its estimated value,any property which,from its peculiar
nature or other special circumstances,cannot be readily or
advantageously sold.
(2.)The permission given for the purposes of this section shall not
be a general permission to do all or any of the above-mentioned things, but shall only be a permission to do the particular thing or thingd for
which permission is sought.
Distribution of Property.
51.-(1.)Subject to the relation of such sums as may be necessary
for the costs of administration or otherwise,the Trustee shall,with all
convenient speedmdeclare and distribute dividends among the creditors
who have proved their debts.
(2.)The first dividend,if any,shall be declared within four months
after the conclusion of the first meeting of creditors,unless there is a
sufficient reason,approved by the Court,for postponing the declaration
to a later date,and subsequent dividends shall,in the absence of
sufficient reasons to the contrary,be declared and distributed at intervals
of not more than six months.
(3.)At least one month before declaring a dividend,the Trustee shall
cause notice of his intention to do so to be gazetted,and shall also post
a notice in writing to each creditor mentioned in the bqankrupt's state-
ment who has not proved his debt.
(4.)When the Trustee has declared a dividend ,he shall cause a notice
to be gazetted showing the amount of the dividend and when and how
it is payable.
52.Where one partner of a firm is adjudged bankrupt,a creditor to
whom the bankrupt is indebted jointly with the other partners of the
firm or any of them shall not receive any dividend out of the separate
property of the bankrupt until all the separate creditors have received
the full amount of their respective debts.
53.-(1.)In te calculation and sistribution of a dividend the Trustee
shall make provision for debts provable in bankruptcy appearing from
the bankrupt's statements or otherwise to be due to persons resident in
places so distant from the place where the Trustee is acting that,in the
ordinary course of communication,they have not had sufficient time to
tender their proofs or to establish them if disputed,and also for debts
provable in bankruptcy the subject of claims not yet determined.
(2.)He shall also make provision for any disputed proofs or claims
and for the expenses necessary for the administration of the estate or
otherwise,and,subject to the preceding provisions,he shall distribute
as dividend all money in hand.
54.A creditor who has not proved his debt before the declaration of
any dividend or dividends shall be entitled to be paid,out of any money
for the time being in the hands of the Trustee,any dividend or
dividends which he may have failed to receive before that money is applied to the payment of any future dividend or dividends,but he
shall not be entitled to disturb the distribution of any dividend declared
before his debt was proved by reason that he has not participated
therein.
55.When the Trustee has realized all the property of the bankrupt
or so much thereof as can be realized without needlessly protracting the
trusteeship,he shall declare a final dividend,which dividend shall be so
specified in The Gazette notice and in the notices to creditors,and any
creditor who has not proved shall be excluded from such dividend unless
he proves his debt before the dividend or any part thereof is paid:
Provided that the Court may,on the application of any such creditor,
postpone the payment of such dividend or part of it for such time as
may be reasonably necessary for such creditor to establish his claim.
56.No action for a dividend shall lie against a Trustee,but if the
Trustee refuses to pay any dividend the Court may,if it thinks fit,order
him to pay it,and also to pay out of his own money interest thereon
for the time that it is withheld and the costs of the application.
57.-(1.)The Trustee,with the permission of the Committee of
Inspection or of the Court,may appoint the bankrupt himself to
superintend the management of the property of the bankrupt or any
part thereof or to carry on the trade,if any,of the bankrupt for the
benefit of his creditors,and in any other respect to aid in administering
the peroperty in such manner and on such terms as the Trustee may
direct.
(2.)The Court.on the application of the Trustee ,may,if it thinks
fit,make an allowance out of the estate to the bankrupt for the support
of himself and his family or in consideration of his services in assisting
the Trustee.
58.The bankrupt shall be entitled to any surplus remaining after
payment in full of his creditors,with interest,as by this Ordinance
provided,and of the costs,charges,and expenses of the proceedings under
to the bankruptcy petition.
PART III.
MATTERS INCIDENTAL TO TRUSTEE'S DUTIES.
Costs and Charges.
59.-(1.)All costs of or incident to proceedings in bankruptcy shall,
subject to the provisions of this Ordinance,be in the discretion of the
Court. (2.)Where a Trustee or manager receives remuneration for his
services as such,no payment shall be allowed in his account in respect
of the permance by any other person of the ordinary duties which
are required to be performed by himself.
(3.)No solicitor's bill of costs shall be allowed in the Trustee's
accounts unless it has been taxed by the proper officer.
(4.)The remuneration of any Trustee,manager,or receiver of the
allowance to any bankrupt,or any part of such remuneration or allow-
ance,may,if the Court so orders,be forfeited for misconduct.
60.-(1.)The Official Receiver shall open in his name as Official
Receiver an account at abank approved by the Governor,and shall
pay to the credit thereof all sums received by him as such Official
Receiver or as Trustee,and every Trustee in a bankruptcy,other
than the Official Receiver,receiving money as such Trustee shall open
an account at such bank in the name of the debtor's estate,and shall pay
to the credit of such account all sums which may from time to time be
received by him as such Trustee.
(2.)No Trustee in a bankruptcy shall pay any money received by him
as Trustee into his private banking account,or use it otherwise than in
the administration of the estate,on any pretence whatever.
(3.)Any Trustee paying money into his private bankrupt account ,or
using it otherwise than in the administration of the estate,or retaining
in his hands for more than a week,without the leave of the Court
previously obtained,a sum exceeding one hundred dollars,or without
explaining such retention to the satisfaction of the COurt ,may,with-
out prejudice to any other liability,be dismissed from office without
remuneration,and may be ordered by the Court to pay any expenses
to which the creditors may be put in consequence of his dismissal.
61.-(1.)The Trustee shall keep a record in writing in which he
shall enter a minute of all proceedings had and resolutions passed at any
meeting a creditors or of the Committee of Inspection and a statement
of all negotiations and proceedings necessary to give a correct view of
the management of the bankrupt's property.
(2.)He shall also keep an account,to be called 'The Estate
Account,' in the form of an ordinary debtor and creditor account,in
which he shall enter from day to day all his receipts and payments as
Trustee.
(3.)The Trustee shall produce at every meeting of creditors and at
every meeting of the Committee of Inspection the record and account
above mentioned and also the pass-book of the estate's bank account,and
such documents shall be open to the inspection of any creditor at all
reasonable times. 62.-(1.)The Trustee shall,at any time the Court may order and
not less than once in each year during his tenure of office,deposit in the
Registry of the Court an account of his receipts and payments verified
by affidavit.
(2.)Such accounts shall be examined and audited by the Registrar or
by any person named by the Court or the Court may itself examine
them,and it shall be the duty of the Trustee to furnish all such vouchers
or information as may be necessary for such audit or examination.
(3.)The Court may,after hearing the explanation,if any ,of the
Trustee,make such order as it may think just for compelling the Trustee
to make good any loss to the estate which,after such audit or examina-
tion,may appear to the Court to have been occasioned by any misfeasance,
neglect,or improper omission of the Trustee.
63.The fees and percentages to be charged in respect of proceedings
under this Ordinance and the remuneration of the Official Receiver and
the Trustee shall be as mentioned in the Second Schedule to this
Ordinance:Provided that such Schedule may from time to time be
altered by rule of Court.
64.-(1.)Where the joint estate of any co-debtors is insufficient to
defray any costs or charges properly incurred in respect thereof,the
Court,on the application of the Trustee,may order such costs or charges
to be paid out of the separate estates of such co-debtors or any one or
more of them.
(2.)The Court may also order any costs or charges properly incurred
for any separate estate to be paid out of the joint estate,if,in the
opinion of the Court,it is just to do so.
Release of Trustee.
65.-(1.)When the Trustee has realized all the property of the
bankrupt or so much thereof as can,in his opinion,be realized withput
needlessly prottacting the trusteeship,and has distributed a final dividend,
if any,or has ceased to act by reason of a composition having been
approved,or has resigned or been removed from office,he may apply to
the Court for his release,and if all the requirements of the Court with
respect to accounts and with respect to any order of the Court against
the Trustee have been fulfilled,the Court may make an order for the
release accordingly.
(2.)Where the release of the Trustee is withheld,the COurt may,on
the application of any creditor or person interested,make such order as
it may think just charging the Trustee with the consequence of any
act or default which he may have committed or made contrary to
his duty. (3.)An order of the Court releasing the Trustee shall discharge him
from all liability in respect of any act done or default made by him in
the administration of the affairs of the bankrupt or otherwise in relation
to his conduct as Trustee,but any such order may be revoked on proof
that it was obtained by fraud or by suppression or concealment of any
material fact.
(4.)Where the Trustee has not previously resigned or been removed,
his release shall operate as a removal of him from his office,and there-
upon the Official Receiver shall be the Trustee.
Official Name.
66.The Trustee may sue and be sued by the official name of 'The
Trustee of the property of A.B., a bankrupt,' and in that name may
hold property of every description,make contracts,enter into any
engagements binding on himself and his successors in office,and so all
other acts necessary or expedient to be done in the execution of his
office.
Miscellaneous Matters.
67.If the Court is of opinion that the Trustee is guilty of misconduct
or neglect,or if the Trustee is insolvent,or if the Court is satisfied that
the interest of the creditors require it,the Court may remove the
Trustee from office and appoint some other person in his place.
68.-(1.)The Trustee may from time to time summon general
meetings of the creditors for the purpose of ascertaining their wishes,
and the directions given at any such general meeting shall,subject to the
provisions of this Ordinance,be followed as far as possible,notwith-
standing that they may conflict with the directions of the Committee
of Inspection.
(2.)The Trustee may apply to the Court for directions in relation to
any particular matter arising under the bankruptcy.
69.-(1.)If the bankrupt,or any creditor,or any other person
is aggrieved by any act or decision of the Trustee,he may appeal
to the Court,and the Court may confirm,reverse,or modify the act or
decision complained of and make such order in the premises as it may
think just.
(2.)Any such appeal shall be brought within a week of the act or
decision complained of:Provided that the Court may,subject to such
conditions as it may think jsut,allow an appeal at any time on good
cause shown. 70.Where default is made by the Trustee,the debtor,or any other
person in obeying any order or direction made or given by the Court,
the Court may make an immediate order for the committal for contempt
of Court of such Trustee,debtor,or other person:Provided that the
power given by this section shall be deemed to be in addition to and
not in substitution for any other right,remedy,or liability in respect
of such default.
PART IV.
JURISDICTION AND PROCEDURE.
71.-(1.)The Court shall deal with bankruptcy petitions,and the rules
of the Court for the time being for regulating the civil procedure of the
Court shall,so far as the same may be applicable and not inconsistent
with the provisions of this Ordinance,be applied to bankruptcy
proceedings;and every order of the Court made in connexion with
bankruptcy proceedings may be enforced in the same way as a
judgment of the Court made in respect of any civil proceedings may
now or at any time hereafter be enforced.
(2.)The Registrar shall,in cases of urgency,have power to make
interim orders and to hear and determine unopposed or ex parte
applications,and any order so made shall,subject to appeal to the
Court,be deemed to be an order of the Court.
(3.)Every order of the Court shall be subject to appeal to the Full
Court.
72.When two or more bankruptcy petitions are presented against
the same debtor or against joint debtors,the Court may consolidate the
proceedings,on such terms as the Court may think fit.
73.If a debtor by or against whom a bankruptcy petition has been
presented dies,the proceedings in the matter shall,unless the Court
otherwise orders,be continued as if he were alive.
74.The Court may at any time,for sufficient reason,stay the
proceedings under a bankruptcy petition,either altogether or for a
limited time,on such terms and subject to such conditions as the Court
may think just.
75.Where there are more respondents than one to a petition,the
Court may dismiss the petition as to one or more of them,without
prejudice to the effect of teh petition as against the other or others of
them.
76.Where a member of a partnership is adjudged bankrupt,the
Court may authorize the Trustee to commence and prosecute any action in the names of the Trustee and of the bankrupt's partner;and any
release by such partner of the debt or demand to which such action
relates shall be void;but notice of the application to commence the
action shall be given to him and he may show cause against it,and,on
his application,the Court may,if it thinks fit,and if he does not
claim any benefit therefrom he shall be indemnified against costs in
respect thereof in such manner as the Court may direct.
77.Where a bankrupt is a contractor in respect of any contract
jointly with any other person or persons,such person or persons may
sue or be sued in respect of the convtract without the joinder of the
bankrupt.
78.-(1.)Any two or more persons,being partners,or any person
carrying on business under a partnership name,may take proceedings
or be proceeded against under this Ordinance in the name of the firm,
and in such case all nominal and dormant partners shall be included in
the adjudication,and all their joint estate and the separate estate of
each of them shall vest in the Trustee:Provided that a receiving or-
der shall not be made against a corporation or against a registered
joint-stock company.
(2.)The Court,on application by any person interested in any bank-
ruptcy proceedings by or against a partnership,may order the names of
the persons who are partners in such firm to be disclosed in such manner
and verified upon oath or otherwise as the Court may direct;and,in case
of dispute,the Court shall settle who are the partners in any firm liable
to adjudication,and for this purpose may order such notices to be
given or such inquires made or issues tried as it may deem just and
necessary.
79.The Chief Justice may from time to time make,revoke,and
alter general rules and forms for carrying into effect the objects of this
Ordinance.
PART V.
SUPPLEMENTAL PROVISIONS.
Unclaimed Funds or Dividends.
80.-(1.)When the Trustee has under his control any unclaimed
dividend which has remained unclaimed for more than six months or
when,after making a fiunal dividned,the Trustee has in his hands or
under his control any unclaimed or undistributed money arising from
the property of the debtor,he shall forthwith pay the same to the Registrar of the Court,who shall carry the same to an account to be
termed 'The Bankruptcy Estate Account.' The Rsgistrar's receipt
for the money so paid shall be a sufficient discharge to the Trustee in
respect thereof.
(2.)The Trustee,whether he has obtained his release or not,may be
called upon by the Court to account for any unclaimed funds or
dividends,and any failure to comply with the reguisitions of the Court
in this behalf may be dealt with as a contempt of Court.
(3.)Any person claiming to be entitled to any moneys paid into the
Bankruptcy Estates Account may,within five years of the date when
the same was so paid in,apply to the Registrar for payment to him of
the same,and the Registrar,is satisfied that the person claiming is
entitled,shall make an order for the payment to such person of the sum
due.Any person dissatisfied with the decision of the Registrar may
appeal to the Court.
(4.)After any money has remained unclaimed in the Bankruptcy
Estates Account for a period of five years,the Registrar shall pay the
same over to the Colonial Treasurer for the use of the Crown,and all
claims thereon shall be thenceforth barred.
Administration of Estates according to Law of Bankruptcy.
81.-(1.)A creditor of a decreased debtor those estate is shown to be
insufficient for the payment of the debts owing by the deceased person
may present a petition (the facts alleged in which shall be verified by
affidavit) to the Court praying for the administration of the estate of
the deceased person according to the law of bankruptcy,and the Court,
if satisfied that the estate is insufficient for the payment of the debts of
the deceased person,shall make an order accordingly.
(2.)The petition shall be served on the personal representative of
such deceased person or,if there is none in the Colony,on the Official
Administrator of interest estates.
(3.)On an order being made for the administration in bankruptcy of
the deceased debtor's estate,the Court shall appoint a Trustee in whom
all the debtor's property shall vest for the purpose of distribution.
(4.)Subject to the provisions of this section,the provisions of Parts
II and III shall,so far as the same are applicable,apply to the case
of an order for administration under this section in like manner as to an
adjudication of bankruptcy.
(5.)In the administration of the estate of the deceased debtor under
an order for administration,funeral and testamentary expenses shall be
deemed a preferential debt.
(6.)Notice of the presentation of a petition under this section shall,
in the event of an order for administration being made thereon,be deemed equivalent to notice of an act of bankruptcy,and any transfer,
disposition,charge,delivery,contract,or payment made relating to or
affecting the property to be administered under the order,and any
execution or attachment had against the said property or any part
thereof,after notice of the presentation of such petition,shall be void
as against the Trustee.Save as aforesaid,nothing in this section shall
invalidate any payment made or any act or thing done or suffered in
good faith before the making of the order for administration.
Offences.
82.-(1.)Any person against whom a receiving order has been made,
whether adjudged bankrupt or not,shall,in each of the cases following,
be guilty of a misdemeanor,and,on conviction thereof,shall be liable
to imprisonment,with or without hard labour,for any term not ex-
ceeding two years;that is to say,-
(a.)if he does not,to the best of his knowledge and belief,fully
and truly discover to the Trustee all his property,and how,
and to whom,and for what consideration,and when he dis-
posed of any part thereof,except such part as may have been
disposed of in the ordinary way of his trade or liad out in the
ordinary expense of his family,unless the jury is satisfied that
he had no intent to defraud;
(b.)if he does not deliver up to the Trustee or as he may direct
all such part of his property as in his custody or under his
control and which he is required by law to deliver up,unless
the jury is satisfied that he had no intent to defraud;
(c.)if he does not deliver up to the Trustee or as he may direct
all books,documents,papers,and writings in his custody or
under his control relating to his property or affairs,unless the
jury is satisfied that he had no intent to defraud;
(d.)if,after the presentation of a bankruptcy petition by or
against him or within four months next before such presenta-
tion,he conceals any part of his property to the value of fifty
dollars or upwards,unless the jury is satisfied that he had no
intent to defraud or to conceal any debt due to or from him;
(e.)if,after the presentation of a bankruptcy petition by or
against him or within four months next before such presenta-
tion,he fraudulently removes any part of his property to the
value of fifty dollars or upwards;
(f.)if he makes any material omission or misstatement in any
statement relating to his affairs,unless the jury is satisfied that
he had no intent to defraud; (g.)if,knowing or believing that a false debt has been proved by
any person under the bankruptcy or composition or scheme of
arrangement ,he fails for the period of one month to inform
the Trustee thereof;
(h.)if,after the presentation of a bankruptcy petition by or against
him,he prevents or is party to preventing the production of
any book,document,paper,or writing affecting or relating to
his property or affairs,unless the jury is satisfied that he had
no intent to conceal the state of his affairs or to defeat the law;
(i.)if,after the presentation of a bankruptcy petition by or
against him or within four months next before such presenta-
tion,he conceals,destroys,mutilates,or falsifies,or is privy to
the concealment,destruction,mutilation,or falsification of,any
book or document affecting or relating to his property or affairs,
unless the jury is satisfied that he had no intent to conceal the
state of his affairs or to defeat the law;
(j.)if ,after the presentation of a bankruptcy petition by or
against him or within four months next before such presenta-
tion,he makes or is privy to the making of any false entry
in any book or document affecting or relating to his property
or affairs,unless the jury is satisfied that he had no intent to
conceal the state of his affairs or to defeat the law;
(k.)if,after the presentation of a bankruptcy petition by or
against him or within four months next before such presenta-
tion,he fraudulently parts with,alters,or makes any omission,
or is party to the fraudulently parting with,altering,or making
any omission,in any document affecting or relating to his property
or affairs;
(l.)if,after the presentation of a bankruptcy petition by or
against him or at any meeting of his creditors within four
months next before such presentation,he attempts to account
for any part of his property by fictitious losses or expenses;
(m.)if,while undischarged,he obtains credit to the extent of
one hundred dollars or upwards from any person without in-
forming such person that he is an undischarged bankrupt;
(n.)if,within four months next before the presentation of a bank-
ruptcy petition by or against him,he,by any false representation
or other fraud,has obtained any property on credit and has not
paid for the same;
(o.)if,within four months next before the presentation of a
bankruptcy petition by or against him,he obtains,under the
false pretence of carrying on business and dealing in the ordi-
nance way of his trade,any property in credit and has not paid for the same,unless the jury is satisfied that he had no
intent to defraud;
(p.)if,within four months next before the presentation of a
bankruptcy petition by or against him,he pawns,pledges,or
disposes of,otherwise than in the ordinary way of his trade,
any property which he has obtained on credit and has not
paid for,unless the jury is satisfied that he had no intent to
defraud;and
(q.)if he is guilty of any false representation or other fraud for
the purpose of obtaining the consent of his creditors or any
of them to any agreement with reference to his affairs or his
bankruptcy.
(2.)A person who has sent out of the Colony any property which he
had obtained on credit and not paid for shall,until the contrary is
proved,be deemed to have disposed of the same otherwise than in the
ordinary way of his trade,if,such property not having been paid or
accounted for at the date of the receiving order by the person to whom
the same was sent,such last-mentioned person cannot be found or does
not pay or account for the same within a reasonable time after being
called upon to do so by the Trustee.
(3.)If any person against whom a receiving order is made,after the
presentation of a bankruptcy petition by or against him or the service of
a debtor's summons or bankruptcy notice on him,or within four months
before such presentation or service,quits the Colony and takes with
him,or attempts to take with him,or makes preparations for quitting the
Colony and for taking with him,any part of his property,to the amount
of one hundred dollars ir upwards,which ought by law to be divided
among his creditors,he shall (unless the jury is satisfied that he had no
intent to defraud) be guilty of a misdemeanor punishable with imprison-
ment,with or without hard labour,for any term not exceeding two years.
(4.)If any person against whom a receiving order is made process in
Colony,with intent to avoid service of any petition or other process in
bankruptcy,or to avoid examination in respect of his affairs ,or other-
wise to defeat,embarrass,or delay any proceedings against him in
bankruptcy,he shall be liable to imprisonment not exceeding one year
or to a fine not exceeding five hundred dollars.A person who,after
the presentation of a bankruptcy petition by or against him,or the
service of a debtor's summons on him,or within three months next
before such presentation or service,quits the Colony shall (until the
contrary is proved)be deemed to have quitted the Colony with such
intent as is mentioned in this section.
(5.)Any person shall,in each of the cases following,be deemed
guilty of a misdemeanor and,on conviction thereof shall be liable to imprisonment,with or without hard labour,for any term not exceeding
one year;that is to say-
(a.)if,in incurring any debt or liability,he has obtained credit
under false pretences or by means of any other fraud;
(b.)if he has,with intent to defruad his creditors or any of
them,made or caused to be made any gift,delivery,or transfer
of or any charge on his property;
(c.)if he has,with intent to defraud his creditors,concealed or
removed any part of his property since or within two months
before the date of any unsatisfied judgement or order for pay-
ment of money obtained against him;and
(d.)if,after a receiving order has been made against him and
whether he has been adjudicated bankrupt or not,the assets
available for his unsecured creditors and for the costs of bank-
ruptcy and administration do not together amount to twenty-
five per cent. on the unsecured debts proved,unless the jury is
satisfied that the extent of his insolvency arose from his mis-
fortune unaccompanied by dishonesty or reckless speculation
or extravagance on his part.
83.If any creditor in any bankruptcy or composition with creditors
under the provisions of this Ordinance wilfully and with intent to
defraud makes any false claim,or any proof,declaration,or statement of
account which is untrue in any material particular,he shall be guilty of
a misdemeanor punishable with imprisonment,with or without hard
labour,for any term not exceeding one year.
84.-(1.)If,in the course of any proceedings taken under any
bankruptcy petition or on the representation of the Trustee or of any
creditor,it appears to the Court that there is reason to suppose that
any person has been guilty of any offence under this Ordinance,the
Court may order the prosecution of such person accordingly,and in
any such case may order the person to be prosecuted into custody ,if
present,or,if not present,may grant a warrant for his arrest and
detention until he can be taken before a Magistrate to be dealt with
according to law.
(2.)Where any person is liable under any other Ordinance,or
under any Act of Parliament,or at Common Law to any punishment or
penalty for any offence made punishable by this Ordinance,such person
may be proceeded against under such other Ordinance,Act of
Parliament ,or at Common Law,or under this Ordinance,so that he be
not punished twice for the same offence.
(3.)Where a debtor has been guilty of any criminal offence,he shall
not be exempt from being proceeded against therefor by reason that he has obtained his discharge or that a composition or scheme of arrange-
ment has been accepted or approved.
Schedules.
85.The forms in the First Schedule to this Ordinance,with such
variations and additions as circumstances may require,may be used
for proceedings under this Ordinance and shall,as regards the form
thereof,be valid and sufficient.
86.The fees mentioned in the Second Schedule to this Ordinance
shall be charged in respect of the various matters to which they relate:
Provided that the Court may,for good cause shown,dispense with the
payment of any particular fee or fees or any part thereof,on such terms
as it may think fit.
87.All fees and commissions received by or payable to the Official
Receiver on the appointment of a Trustee other than himself or for acting
as Trustee,and any remuneration received by the Official Receiver as an
Interim Receiver or otherwise,shall be paid by such officer forthwith
into the Colonial Treasury for the benefit of the general revenue of the
Colony.
SCHEDULES.
THE FIRST SCHEDULE.
FORMS.
FORM No. 1.
General Title in Bankruptcy Proceedings.
In the Supreme Court of Hongkong.
In Bankruptcy. No. of 1
Re A.B. [Debtor's name].
Ex parte the Debtor [or C.D. a Creditor,or The Official Receiver,or
The Trustee].
FORM No. 2.
Declaration of Inability to Pay Debts.
I, A.B. [name,address,and description of debtor] [and carrying on
business at ] hereby declare that I am unable to pay my
debts.
Dated this day of 1.
(Signed.)
A.B.
Signed by the debtor in my presence
Signature of witness
Address
Descripttion
Filed the day of 1 FORM No. 3.
Debtor's Petition.
(TITLE.)
I,A.B. pname,address,and description of debtor] [and carrying on business
at ] being unable to pay my debts,hereby petition the
Court that a receiving order be made in respect of my estate [and that I may
be adjudged bankrupt].
Dated this day of 1 .
(Signed.)
A.B.
Signed by the debtor in my presence
Signature of witness
Address
Description
Filed the day of 1
FORM No. 4.
Bankruptcy Notice.
(TITLE.)
To A.B. [or A.B. and Co.] of
Take notice thar,within days after service of this notice on you,
excluding the day of such service,you must pay to C.D. of the
sum of $ claimed by him as being the amount due on a final judgment
obtained by him against you in the Supreme Court dated the day of
1 ,whereon execution has not been stayed,or you must secure or
compound for the said sum to his satisfaction or the satisfaction of the Court,
or you must satisfy the Court that you have a counter-claim,set-off,or cross-
demand against C.D. which equals or exceeds the sum claimed by him and
which you could not set up in the action in which the judgment was obtained.
By the Court,
(Signed.)
Registrar.
Dated this day of 1 .
ls
Indorsement on Notice.
You are specially to note-
That the consequences of not complying with the requisitions of this notice
are that you will have committed an act of bankruptcy on which bankruptcy
proceedings may be taken against you. If,however,you have a counter-claim,set-off,or cross-demand which
equals or exceeds the amount claimed by C.D. in respect of the judgment
and which you could not set up in the action in which the said judgment
was obtained,you must within days apply to the Court to set aside
this notice.
(Name and address of person taking out the notice.)
(a.)This notice is taken out by C.D. in person.

FORM No. 5.
Request for Issue of Bankruptcy Notice.
(TITLE.)
1. I, C.D., of hereby request that a bankruptcy notice be
issued by this Court against A.B. [here insert name,address,and description
of judgment debtor.]
2.The said A.B. has,for the greater part of the past six months,resided
at [or carried on business at ].
3.Final judgment for $ was obtained by me against the said A.B.
in the Supreme Court on the day of 1.
4.Execution on the said judgment has not been stayed.
Dated this day of 1 .
(Signed.)
C.D., Judgement Creditor,
or
[E.F., Solocitor for C.D.]
FORM No. 6.
Creditor's Petition.
(TITLE.)
1. I, C.D., of [or We, C.D., of and E.F.,
of ] hereby petition the Court that a receiving order be
made in respect of the estate of A.B., [here insert name,address,and
description of debtor].
2.The said A.B. is domiciled in this Colony [or,within a year before the
date of the presentation of this Petition,has ordinary resided or had a
dwelling house or had a place of business in this Colony]. 3.The said A.B. is justly indebted to me [or to us in the aggregate] in the
sum of $ [set out amount of debt or debts and the consideration].
4.I [or We]do not nor does any person on may[or our] behalf hold any
security on the said debtor's estate or in any part thereof for the payment of
the said sum.
Or
4.I [or We] hold security for the payment of [or part of] the said sum
[but I(or we) will give up such security for the benefit of the creditors of
A.B. in the event of his being adjudged bankrupt][or and I (or we) estimate
the value of such security at the sum of $ ]
Or
4.I,C.D., hold security for the payment of etc.
I.E.F., hold security for the payment of etc.
5.The said A.B. within four months before the date of the presentation
of this Petition has committed the following act[ or acts] of bankruptcy,
namely,[here set out separately the act or acts of bankruptcy].
Dated this day of 1 .
(Signed.)
C.D.
E.F.
Signed by the Petitioner [or Petitioners]in my presence
Witness
Address
Description
N.B.-This Petition must be verified by affidavit.
Indorsement.
This Petition having been presented to the Court on the day of
1 at o'clock in the noon,it is ordered that
this Petition shall be heard at on day,the day of
1 at o'clock in the noon.
And you,the said A.B., are to take notice that if you intend to dispute
the truth of any of the statements contained in the Petition,you must file
with the Registrar of this Court a notice showing the grounds on which you
intend to dispute the same and serve a copy of the notice on the petitioner
two days before the date fixed for the hearing. FORM No. 7.
Creditor's Petition for the Administration of an Estate according to the Law
of Bankruptcy made under Section 81.
(TITLE.)
1.I,C.D., of [or We,etc.] hereby petition the Court that
an order be made for the administration in bankruptcy of the estate of
2.[Description the estate sought to be administered,and state the previous
vesting of the estate,so far as the same is material to the application].
3.The estate of the said A.B. is justly indebted to me [or to us in the
aggregate]in the sum of $ [set out amount of debt and considera-
tion].
4.I [or We] do not nor does any person on my [or our] behalf hold any
security on the said estate or on any part theeof,[or as in Form No. 6-
Creditor's Petition].
5.The estate of the said A.B.is (according to my [or our] information and
belief)insufficient to pay the debts due therefrom.

Indorsement.
This Petition having been presented to the Court on the day of
1 it is ordered that this Petition shall be heard
at on day,the day of 1
at o'clock in the noon.
If you the said [party on whom service is required to be made]intend to
dispute the matter of any of the statements contained in the Petition,you
must file with the Registrar of this Court a notice showing the grounds on
which you intend to dispute the same and serve a copy of the notice on the
petitioner two days before the day fixed for hearing.

FORM No.8.
Receiving Order.
(TITLE.)
On the Petition of the debtor himself [or of C.D., of
a creditor] filed the day of 1 ,the Official Receiver,
Mr. is hereby constituted receiver of the estate of A.B.
[name,address,and description of debtor].
Dated this day of 1 .
LS
By the Court,
(Signed.)
Registrar. FORM No.9.
Order for Administration of an Estate according to the Law of Bankruptcy.
(TITLE.)
On the Petition of C.D. and on reading
and hearing it is ordered that the estate of A.B.
[name,address,and description of debtor]be administered in bankruptcy;
and that the Official Receiver,Mr. be the Trustee;and
that the costs of this application be
Dated this dya of 1.
LS
By the Court,
(Signed.)
Registrar.
FORM No. 10.
Notice by debtor of Intention to oppose Petition.
(TITLE.)
In the Matter of a Bankruptcy Petition presented against
me on the day of 1 ,by C.D., of
I,the above A.B., do hereby give you notice that I intend to dispute the
petitioning creditor's debt [or the act of bankruptcy,or as the case may
be.]
Dated this day of 1 .
(Signed.)
A.B.
To C.D., of and to the Refistrar of the said Court. ORDINANCES OF HONG KONG

VOL. II
1891-1901

P.61 ORDINANCES OF HONG KONG
VOL. II
1891-1901
P.62 ORDINANCES OF HONG KONG
VOL. II
1891-1901
P.63 FORM No. 12.
Order of Adjudication.
(TITLE.)
Pursuant to a Petition dated the day of 1 ,
against A.B. [name,adress,and description of debtor]on which a receiving
order was made on the day of 1 ,and on the
application of and on reading and
hearing it is ordered that the debtor be and the said
debtor is hereby adjudged bankrupt.
Dated this day of 1
LS
By the Court,
(Signed.)
Registrar. FORM No. 13.
Order of Discharge.
(TITLE.)
On the application of A.B., adjudicated bankrupt on the day of
1 ,and on reading and hearing
it is ordered that he be and he is hereby discharged [or
that his dicharge be suspended for (insert period) and that he be discharged
as from the day of 1 ,or that he be discharged
subject to the following conditions,namely,(insert conditions),or that his
dicharge be and it hereby is refused].
Dated this day of 1 .
By the Court,
(Signed.)
Registrar.
FORM No. 14.
Order sanctioning Composition or Scheme.
(TITLE.)
On the application of and on reading
and hearing and the Court being satisfied that the
creditors in the above matter have duly accepted and approved a composition
[or scheme of arrangement] in the following terms,namely,[here insert terms,
if short,if not ,insert 'in the terms contained in Exhibit A. annexed hereto']
the said composition [or scheme]is hereby sanctioned.
Dated this day of 1 .
By the Court,
(Signed.)
Registrar.
FORM No. 15.
Affidavit for Proof of Debt with or without Security.
(TITLE.)
I, of make oath and say [if the affidavit is
madr by a clerk or agent of the creditor,set out here the representative character
of teh deponent and the authority to make the affidavit].
The said A.B. was,at the date of the receiving order,and still is,justly
and truly indebted to [me] in the sum of $ for [state consideration,
insert a summary of account,and describe vouchers,if any] for which said
sum or any part thereof I say that [I have]not ,nor has any person,to my
knowledge or belief,to [my] use,had or received any manner of satisfaction
or security whatsoever [save and except the following] [set out securities and
where they are on the property of the debtor,assess the value].
Sworn,etc. FORM No. 16.
Proxy.
N.B.-This Form may be annexed to the Affidavit of Proof,
(TITLE.)
I, of do hereby appoint
of as my proxy in this matter excepting as to [or including] the
receipt of dividend.
Dated this day of 1 .
(Signed.)
Signed by the said [for self and partners.]
in the presence of
FORM No. 17.
Notice to Creditors of Second General Meeting.
(TITLE.) HONGKONG,
Sir,- 1.
At the first meeting of the creditors in the above matter held at
on the day of 1 ,it was resolved
by special resolution of the creditors present to entertain a proposal for a
composition [or scheme of arrangement] in the following terms[state terms of
proposal].
The meeting for the purpose of deciding whether the above resolution shall
be confirmed will be held at on the day of
1 .
The proposal for a composition can be confirmed only by a majority in
number,representing three-fourths in value,of all the creditors who have
proved,and is subject to the approval of the Court.
I am,&c.,
(Signed.)
Official Receiver.
To ,Esq., etc.
NOTE.-The advertisement in The Gazette and local newspaper can be in the above
form,omitting the address.
FORM No.18.
Certificate of Appointment of Trustee.
(TITLE.)
This is to certify that of has been
duly appointed and approved as Trustee of the Estate of A.B., who was
adjudicated bankrupt on the day of ,1
Dated this day of 1
By the Court,
(Signed.)
L Registrar. FORM No. 19.
'Gazette' Notice of Intention to declare Dividend.
(TITLE.)
Bankruptcy Notice.
A [final] dividend is intended to be declared in the Matter of A.B., of
, adjudicated bankrupt on the day of
1.
Creditors who have not proved their debts by the day of
1 will be excluded.
Dated this day of 1
(Signed.)
Trustee.
FORM No. 20.
Notice to Creditors who have not proved.
(TITLE.)
In the Matter of A.B., adjudicated bankrupt on the day of
1 ,a [final] dividend is intended to be declared.
You are mentioned in the debtor's statement of affairs,but you are not
yet proved your debt.
Creditors who have not proved by the day of 1 will
be excluded from this dividend.

FORM No.21.
'Gazette' Notice of Dividend.
(TITLE.)
Bankruptcy Notice.
A [final] dividend of in the dollars has been declared in the Matter of
A.B., of ,adjudicated bankrupt on the day of
1 , and the same may be received at on the day of
1 ,or on any other subsequent [Monday] between the hours of
and
Creditors applying for payment must produce any bills of exchange or other
securities held by them and must sign a receipt in the prescribed form.
Dated this day of 1 .
(Signed.)
Trustee. FORM No. 22.
Affidavit verifying Trustee's Account.
(TITLE.)
I, of the Trustee of the above-named bankrupt,make
oath and say that the account hereunto annexed,marked A,contains a full
and true account of my receipts and payments on account of the bankrupt's
estate from the day of to the day of 1,
inclusive, and that I have not, nor has any other person by my order or for
my use, during such period received any money on account of the said estate
other than and except the items mentioned and specified in the said account.
Sworn, etc. (Signed.)
Trustee.

FORM NO. 23.
Warrant for Arrest of Debtor.
(TTITLE.)
To Officer of this Court and his Assistants and to
the Superintendent of Victoria Gaol.
WHEREAS by evidence taken upon oath it has been made to appear, to the
satisfaction of the Court, that [here insert the cause for the issue of the
warrant]: This is, therefore, to require you, the said and others, to
take the said and to deliver him to the Superintendent of the
above-named Prison, and you, the said Superintendent, to receive the said
and him safely to keep in the said Prison until such time
as this Court may order.
Dated this day of 1.
By the Court,
LS (Signed.)
Registrar.

FORM NO. 24.
Warrant of Seizure.
(TITLE.)
To Officer of this Court and his Assistants.
WHEREAS on the day of 1 a receiving order was
made against the said debtor: This is, therefore, to require you to enter
into and upon the house and houses and other the premises of the
said debtor and there to seize all goods, money, and effects, and also
all papers and books of account, and all other thing whatsoever belonging
to the said debtor except his necessary wearing apparel, bedding, and

tools as excepted by the Bankruptcy Ordinance, 1891, and the things so
seized safely to detain and keep in your possession until you shall receive
orders for the disposal thereof from the Official Receiver or Trustee, and
in case of resistance or if not having the key of any door or lock of any
premises as aforesaid, you shall break open or cause the same to be broken
open for the better execution of this warrant.
Dated this day of 1.
By the Court,
LS (Signed.)
Registrar.

FORM NO. 25.
Search Warrant.
(TITLE.)
To Officer of this Court and his Assistants.
WHEREAS by evidence taken upon oath it has been made to appear
to the Court that there is reason to suspect and believe that property of
the said debtor is concealed in the house [or other place,describing it] of
one of such house [or place]not belonging
to the said debtor:This is,therefore,to require you to enter in the daytime
into the house[or other place,describing it] of the said
situate at aforesaid,and there diligently to search for the said
property,and if any property of the said debtor shall be there found by you
on such seacrh,to seize the same to be disposed of and dealt with according
to law.
Dated this day of 1 .
By the Court,
LS (Signed.)
Registrar.
FORM No. 26.
Order to pay admitted Debt.
(TITLE.)
Whereas of ,in his examination taken this day and
signed and subscribed by him,has admitted that he is indebted to the said
debtor in the sum of $ it is ordered that the said do pay to
the Trustee herein,in full discharge of the sum so admitted,the sum of $
forthwith [or,if otherwise,state the time and manner of payment]and do
further pay to the said Trustee the sum of $ for costs.
Dated this day of 1
By the Court,
LS (Signed.)
Registrar. FORM No. 27.
Order to Postmaster General or Agent of Telegraph Company.
(TITLE.)
On the application of G.H.,the Official Receiver [or the Trustee] of the
property of the above-named debtor,it is ordered that,for a period of three
months from the day of 1 ,all post letters and parcels [or
telegrams] directed or addressed to the said debtor in the Colony shall be re-
directed,sent,or deivered by the Postmaster General or officer acting under
him[ or by the Agent of the Telegraph Company ] to the Official Receiver
[or Trustee] at and that a sealed duplicate of this order be forth-
with transmitted by the Official Receiver [or Trustee] to the Postmaster
General or officers acting under him [or to the Agent of the Telegraph
Company].
Dated this day of 1 .
By the Court,
LS (Signed.)
Registrar.
THE SECOND SCHEDULE.
SCALE OF FEES.
1.Declaration by a debtor of inability to pay his debts
2.Bankruptcy notice
3.Bankruptcy petition
4.Affidavit filed,other than proof of debt
5.Proof of debt
6.Proxy
7.Application to the Court,except by the Official Receiver
8.Application for an order of discharge
9.Application to the Court to approve a composition,1/2 per cent.
on the gross amount of the composition.
10.Application to the Court to approve a scheme,1.2 per cent. on
the gross amount of the estimated assets.
11.Allocatur for costs,where the bill does not exceed $100
and every additional $100 or part thereof
12.For official stationery,each estate,for every 50 creditors or less
Remuneration of Official Receiver and Trustee.
1.To the Official Receiver on appointment of a Trustee other than
himself
2.To the Trustee-such commission on the assets,not exceeding
5 per cent.,as the Court may order. A.D. 1891. Ordinance No. 20 of 1891, with Ordinances No. 6 of 1892, No. 24 of 1895, No. 2 of 1901, and No. 29 of 1901 s. 7 incorporated. Short title.
Interpretation of terms. 46 & 47 Vict.c. 52 s. 168. Enumeration of acts of bankruptcy. 46 & 47 Vict.c. 52 s. 4. 53 & 54 Vict.c. 71 s.1. First Schedule: Form No. 2; Form No. 3; Form No. 4; Form No. 5. Jurisdiction to make receiving order. 46 & 47 Vict.c. 52 s.5. First Schedule: Form No. 8. Conditions on which creditor may petition. Ib.s.6. Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. 46 & 47 Vict.c.52 s.7. First Schedule: Form No. 6; Form No. 10. Debtor's petition. 46 & 47 Vict.c. 52 s.8. First Schedule Form No. 3. Appointment of Official Receiver. Effect of receiving order. Ib.s.9. Making of order for immediate possession of bankrupt's property after petition. 46 & 47 Vict.c. 52 s. 10. Appointment of manager or interim receiver. Ib.s.12. Advertisement of receiving order. 46 & 47 Vict.c. 52 s. 13. Duties of Official receiver. Ib.s.70. Ib.s.69. First and other meetings of creditors. 46 & 47 Vict.c. 52 s. 15 and 1st Sch. First Schedule: Form No. 16. Debtor's statement of affairs. 46 & 47 Vict.c. 52 s. 16. First Schedule: Form No. 11. Proceedings at public examination of debtor. Ib.s.17. Composition or scheme of arrangement. 53 & 54 Vict.c. 71 s. 3. First Schedule: Form No. 17; Form No. 14. Cases in which adjudication of bankruptcy to be made. 46 & 47 Vict.c. 52 s. 20. First Schedule: Form No. 12. Nomination, appointment, etc., of Trustee. 46 & 47 Vict.c. 52 s. 21. Committee of Inspection. Ib.s.22. Power to accept composition or scheme after adjudication, etc. Ib.s.23. Duties of debtor as to discovery and realization of property. 46 & 47 Vict.c. 52 s. 24. Arrest of debtor and seizure of his property. Ib.s.25. First Schedule Form No. 23; Form No. 24. Re-direction of debtor's letters, etc. 46 & 47 Vict.c. 52 s. 26. First Schedule: Form No. 27. Discovery of debtor's property. Ib.s.27. First Schedule: Form No. 26. Proceedings for and on discharge of bankrupt. 53 & 54 Vict.c. 71 s. 8. First Schedule: Form No. 13. Effect of order of discharge. 46 & 47 Vict.c. 52 s. 30. Annulling of adjudication in certain cases. 46 & 47 Vict.c. 52 s.35. Mode of proving debt. First Schedule: Form No. 15. Description of debts provable 46 & 47 Vict.c. 52 s. 37. Mutual credit and set-off. 46 & 47 Vict.c. 52 s. 38. Payment of preliminary expenses. Priority of payment of debts. 46 & 47 Vict.c. 52 s. 40. Distress for rent. 46 & 47 Vict.c. 52 s. 42. No. 1 of 1883. Relation back Trustee's title. Ib.s.43. Description of property divisible among creditors. Ib.s.44. Restriction of right of execution creditor. 46 & 47 Vict.c. 52 s. 45. Duty of Bailiff. Ib.s.46. Avoidance of voluntary settlements. 46 & 47 Vict.c. 52 s. 47. Avoidance of preferences in certain cases. 46 & 47 Vict.c. 52 s. 48. Protection of bona fide transactions without notice. Ib.s.49. Possession of property by Trustee. Ib.s.50. Seizure of property of bankrupt. 46 & 47 Vict.c. 52 s. 51. First Schedule: Form No. 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of certain officers. Ib.s.53. Vesting and transfer of property. Ib.s.54. Disclaimer of onerous property. 46 & 47 Vict.c. 52 s. 55. Powers of Trustee to deal with property 46 & 47 Vict.c. 52 s.56. Powers exercisable by Trustee with permission of Committee of Inspection 46 & 47 Vict.c. 52 s. 57. Declaration and distribution of dividends. 46 & 47 Vict.c. 52 s. 58. First Schedule: Form No. 19; Form No. 20; Form No. 21. Joint and separate dividends. Ib.s.59. Provision for creditors residing at a distance, etc. Ib.s.60. Right of creditor proving after dividend. Ib.s.61. Final dividend. 46 & 47 Vict.c. 52 s. 62. First Schedule: Form No. 21. Barring of action for dividend. Ib.s.63. Employment of and allowance to bankrupt. Ib.s.64. Right of bankrupt to surplus. Ib.s.65. Costs and remuneration. Ib.ss. 72, 73. Payment of moneys into bank. 46 & 47 Vict.c. 52 ss. 74, 75. Record and account to be kept by Trustee. Ib.s.80. Audit of Trustee's accounts and order therein. 46 & 47 Vict.c. 52 s. 78. First Schedule: Form No. 22. Fees and percentages and remuneration of Official Receiver and Trustee. Ib.s.128. Second Schedule. Costs where joint estate insufficient. Conditions of Trustee's release. Ib.s.82. Official name and general powers of Trustee. 46 & 47 Vict.c. 52 s. 83. Removal of Trustee. Ib.s. 86. Directions to Trustee. Ib.s.89. Appeal to the Court against Trustee. Ib.s.90. Disobedience to order of the Court. Jurisdiction to be exercised by the Court, etc. 46 & 47 Vict.c. 52 s. 92. Consolidation of petitions. Ib.s.106. Continuance on death of debtor. Ib.s.108. Power to stay proceedings. Ib.s.109. Case of two or more respondents. Ib.s.111. Action by Trustee and partner of bankrupt. 46 & 47 Vict.c. 52 s. 113. Action on joint contract. Ib.s.114. Proceedings in partnership name. Ib.ss. 115, 123. Making of rules and forms. Ib.s.127. Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. 46 & 47 Vict.c. 52 s. 125. First Schedule: Form No. 7; Form No. 9. Punishment of fraudulent debtors. 32 & 33 Vict.c. 62 s.11. 46 & 47 Vict.c. 52 s. 12. Ib.s.13. Punishment of creditor making false claim, etc. 32 & 33 Vict.c. 62 s. 14. Prosecution of offences. Use of forms. First Schedule. Fees. Second Schedule. Disposal of fees, etc., of Official Receiver. Section 85. Section 3. Section 8. Section 3. Section 3. Section 7. Section 81. Section 4. Section 81. Section 7. Section 19. Section 27. Section 18. Section 30. Section 15. Section 18. Section 51. Section 51. Sections 51 and 55. Section 62. Section 24. Sections 24. Section 44. Section 26. Section 25. Section 63 and 86.

A.D. 1891. Ordinance No. 20 of 1891, with Ordinances No. 6 of 1892, No. 24 of 1895, No. 2 of 1901, and No. 29 of 1901 s. 7 incorporated. Short title.
Interpretation of terms. 46 & 47 Vict.c. 52 s. 168. Enumeration of acts of bankruptcy. 46 & 47 Vict.c. 52 s. 4. 53 & 54 Vict.c. 71 s.1. First Schedule: Form No. 2; Form No. 3; Form No. 4; Form No. 5. Jurisdiction to make receiving order. 46 & 47 Vict.c. 52 s.5. First Schedule: Form No. 8. Conditions on which creditor may petition. Ib.s.6. Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. 46 & 47 Vict.c.52 s.7. First Schedule: Form No. 6; Form No. 10. Debtor's petition. 46 & 47 Vict.c. 52 s.8. First Schedule Form No. 3. Appointment of Official Receiver. Effect of receiving order. Ib.s.9. Making of order for immediate possession of bankrupt's property after petition. 46 & 47 Vict.c. 52 s. 10. Appointment of manager or interim receiver. Ib.s.12. Advertisement of receiving order. 46 & 47 Vict.c. 52 s. 13. Duties of Official receiver. Ib.s.70. Ib.s.69. First and other meetings of creditors. 46 & 47 Vict.c. 52 s. 15 and 1st Sch. First Schedule: Form No. 16. Debtor's statement of affairs. 46 & 47 Vict.c. 52 s. 16. First Schedule: Form No. 11. Proceedings at public examination of debtor. Ib.s.17. Composition or scheme of arrangement. 53 & 54 Vict.c. 71 s. 3. First Schedule: Form No. 17; Form No. 14. Cases in which adjudication of bankruptcy to be made. 46 & 47 Vict.c. 52 s. 20. First Schedule: Form No. 12. Nomination, appointment, etc., of Trustee. 46 & 47 Vict.c. 52 s. 21. Committee of Inspection. Ib.s.22. Power to accept composition or scheme after adjudication, etc. Ib.s.23. Duties of debtor as to discovery and realization of property. 46 & 47 Vict.c. 52 s. 24. Arrest of debtor and seizure of his property. Ib.s.25. First Schedule Form No. 23; Form No. 24. Re-direction of debtor's letters, etc. 46 & 47 Vict.c. 52 s. 26. First Schedule: Form No. 27. Discovery of debtor's property. Ib.s.27. First Schedule: Form No. 26. Proceedings for and on discharge of bankrupt. 53 & 54 Vict.c. 71 s. 8. First Schedule: Form No. 13. Effect of order of discharge. 46 & 47 Vict.c. 52 s. 30. Annulling of adjudication in certain cases. 46 & 47 Vict.c. 52 s.35. Mode of proving debt. First Schedule: Form No. 15. Description of debts provable 46 & 47 Vict.c. 52 s. 37. Mutual credit and set-off. 46 & 47 Vict.c. 52 s. 38. Payment of preliminary expenses. Priority of payment of debts. 46 & 47 Vict.c. 52 s. 40. Distress for rent. 46 & 47 Vict.c. 52 s. 42. No. 1 of 1883. Relation back Trustee's title. Ib.s.43. Description of property divisible among creditors. Ib.s.44. Restriction of right of execution creditor. 46 & 47 Vict.c. 52 s. 45. Duty of Bailiff. Ib.s.46. Avoidance of voluntary settlements. 46 & 47 Vict.c. 52 s. 47. Avoidance of preferences in certain cases. 46 & 47 Vict.c. 52 s. 48. Protection of bona fide transactions without notice. Ib.s.49. Possession of property by Trustee. Ib.s.50. Seizure of property of bankrupt. 46 & 47 Vict.c. 52 s. 51. First Schedule: Form No. 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of certain officers. Ib.s.53. Vesting and transfer of property. Ib.s.54. Disclaimer of onerous property. 46 & 47 Vict.c. 52 s. 55. Powers of Trustee to deal with property 46 & 47 Vict.c. 52 s.56. Powers exercisable by Trustee with permission of Committee of Inspection 46 & 47 Vict.c. 52 s. 57. Declaration and distribution of dividends. 46 & 47 Vict.c. 52 s. 58. First Schedule: Form No. 19; Form No. 20; Form No. 21. Joint and separate dividends. Ib.s.59. Provision for creditors residing at a distance, etc. Ib.s.60. Right of creditor proving after dividend. Ib.s.61. Final dividend. 46 & 47 Vict.c. 52 s. 62. First Schedule: Form No. 21. Barring of action for dividend. Ib.s.63. Employment of and allowance to bankrupt. Ib.s.64. Right of bankrupt to surplus. Ib.s.65. Costs and remuneration. Ib.ss. 72, 73. Payment of moneys into bank. 46 & 47 Vict.c. 52 ss. 74, 75. Record and account to be kept by Trustee. Ib.s.80. Audit of Trustee's accounts and order therein. 46 & 47 Vict.c. 52 s. 78. First Schedule: Form No. 22. Fees and percentages and remuneration of Official Receiver and Trustee. Ib.s.128. Second Schedule. Costs where joint estate insufficient. Conditions of Trustee's release. Ib.s.82. Official name and general powers of Trustee. 46 & 47 Vict.c. 52 s. 83. Removal of Trustee. Ib.s. 86. Directions to Trustee. Ib.s.89. Appeal to the Court against Trustee. Ib.s.90. Disobedience to order of the Court. Jurisdiction to be exercised by the Court, etc. 46 & 47 Vict.c. 52 s. 92. Consolidation of petitions. Ib.s.106. Continuance on death of debtor. Ib.s.108. Power to stay proceedings. Ib.s.109. Case of two or more respondents. Ib.s.111. Action by Trustee and partner of bankrupt. 46 & 47 Vict.c. 52 s. 113. Action on joint contract. Ib.s.114. Proceedings in partnership name. Ib.ss. 115, 123. Making of rules and forms. Ib.s.127. Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. 46 & 47 Vict.c. 52 s. 125. First Schedule: Form No. 7; Form No. 9. Punishment of fraudulent debtors. 32 & 33 Vict.c. 62 s.11. 46 & 47 Vict.c. 52 s. 12. Ib.s.13. Punishment of creditor making false claim, etc. 32 & 33 Vict.c. 62 s. 14. Prosecution of offences. Use of forms. First Schedule. Fees. Second Schedule. Disposal of fees, etc., of Official Receiver. Section 85. Section 3. Section 8. Section 3. Section 3. Section 7. Section 81. Section 4. Section 81. Section 7. Section 19. Section 27. Section 18. Section 30. Section 15. Section 18. Section 51. Section 51. Sections 51 and 55. Section 62. Section 24. Sections 24. Section 44. Section 26. Section 25. Section 63 and 86.

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1901

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