BANKRUPTCY ORDINANCE, 1891

BANKRUPTCY ORDINANCE, 1891

No. 7 of 1891.
To amend the law relatiag to bankruptcy.
[In force 1st Jan., 1891]

1. The Bankruptcy Ordinance, 1891,

2. In this Ordinance,
' Available act of bankruptcy ' means any act of bankruptcy
available for a 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 :
' Ordinary resolution ' means a resolution decided by a majority
in value of the creditors present, personally or by proxy, at a meet-
ing 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 mov-
able, corporeal or incorporeal, and whether situate in this Colony
or elsewhere, and any interest therein whether at law or in equity,

As aniendecl by No. 1 of 1912 und No. 2 of 1912.
f As amelided by No. 51 of 1911 and No. 1 of 1912.
j As amended by No. 50 of 1911 caid No. 1 of 1912.
1





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 of the Supreme Court
'Secured creditor ' means a person holding a mortgage, charge,
or lion 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 present,
personally or by proxy, at a meeting of creditors and voting on the
resolution
'Suit' and 'action' are synonymous terms
'The trustee' means the trustee in bankruptcy of the debtor's
estate.

PAEtT 1.

PROCEDINGS FROM ACT OF BANKRUPTCY DISCHARGE.
Acts of Bankruptcy.
3.-(1). A debtor commits an act of bankruptey in each of the
followillg cases:-
(a) if, in this Colony or elsewhere, he mades 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
transfer of his property or any part thereof or creates any charge
tbereon 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

As arnended by No. 6 of 1002 and No. 8 of 1912.





(e) if execution against him in proceedings in the Court has been
levied by seizure of his goods, and the goods have been sold or held
by the bailiff of the Court for 21 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 bank-
ruptcy notice under this Ordinance requiring him to pay the Judg-
ment debt in accordance with the terms of the Judgment or to secure
or compound for it to the satisfaction of the creditor or the Court,
and he does not, within 8 days after service of the notice, in case
service is effected in the Colony, or, in case service 'is effected
elsewhere, within the time limited in that behalf by the order giving
leave to effect service elsewhere, either comply with the require-
ments of the notice or satisfy the Court that he has a Counter-claim,
set-off, or cross-demand which equals or exceeds the amount of the
judgment debt, and which he could not set up in the action in which
the judgment was obtained ; or
(h) if he gives notice to any of his creditors that he has suspended
or that he is about to supsend of his debts.

(2) A bankruptcy notice under this Ordinance shall be issued to
a judgment, creditor by the Relgistral, on the filing of a request for
that purpose.

(3) The word 'debtor' in this section includes a person who,
through not himself personally within the Colony, carries on busi-
ness by an agent within the Colony and possesses assets therein.

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

Receiving Order and Official Receiver.

4. Subject to the conditions hereinafter specified, if a 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 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,
if two or more creditors join in the petition, the aggregate amount
of debts owing to the several petitioning creditors, aniounts to 300
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 4 months before the presentation of the petition
and
(d) the debtor is domiciled in the Colony or, within a year before
the date of the presentation of the petition, has ordinarily resided
or had a dwelling house or place of business in the Colony.
(12) If the petitioning creditor is a secured creditor, he must in
his petition either state that lie is willing to give up his security for
the benefit of the creditors in the event of the debtor being adjudged
bankrupt 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 is if he werean 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 croditor of the firm shall be entitled 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 person having tbe control or
management of the business of the firm. An act of bankruptcy 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 all act, of bankruptcy by such partner
or person as aforesaid if if, 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

* As Pirnended by No. 50 of 1911.





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 the Court to make a receiving
order or an adjudication of bankruptcy against the firm, shall not
be affected by the fact, if it is so, that all or any of the partners of
the firm are not British subjects or are not resident or domiciled
in the Colony; and
(4) the 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 his behalf having knowledgc, of the
facts, and served in the same manner as a writ of summons.
(2) It shall not be heard until the expiration of 8 days from the
service thereof, except by leave of the Court on good cause shown.
(3) At the bearing 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 satisfied 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 bankruptcy, or is satisfied by the debtor that he is able to pay
his debts, or is satisfied that there are and will be no substantial
assets for division among the creditors, or that for other sufficient
cause no order ought to be made, the Court may dismiss the petition.
(5) A debtor intending to show cause against a petition shall file
with the Registrar a notice specifying the statements in the petition
he intends to dispute, and shall serve on ihe petitioning creditor
or his solicitor a copy of such notice 2 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 of the question relating to the debt.
(7) Where proceedings are stayed, the Court may, if by reason
of the delay caused by the, stay of proceedings or for any other cause
it thinks just, make a receiving order on the petition of some other
creditor, and shall thereupon dismiss, on such terms as it thinks
just, the petition in which proceedings have been stayed as afore-
said.
(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 bankruptcy without the previous filling by the debtor of any
declaration of inability to pay his debts, and the Court shall there-
upon 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 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 anthority
and direction of the Governor and shall also be an officer of
the Court.

10.-(1) On the making of a receiving order, the Official 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 of any debt provable or
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 such terms as the Court may impose .On making the
receiving order, the Court may, if it thinks fit, direct that no







execution against the person of the debtor shall be stayed until the
debtor finds sufficient security to appear and abide by all orders of
the Court, in relation to the bankruptcy proceedings or until
order, and in such case any creditor may, in the meantime, proceed
to execution against the person of the debtor in the same way as
if no receiving order had been made.
(2) Nothing in sub-section (1) shall affect the power of any
secured creditor to realize or otherwise deal with his security in the
same manner as he would have been entitled to realize or deal with
it if this section bad not been passed.
(3) If, at the date of the receiving order, the debtor is a prisoner
under an execution for a civil debt, he shall not be entitled to his
release except by order of the Court, but the Court may, in its dis-
cretion, 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 er otherwise.

11.-(1) The Court, if it is shown to be necessary for the protec-
tion of the estate,may,at any time after the presentation of
a bankruptcy petition and before a receiving order is made, appoint
the Official Receiver to be interim receiver of the property of the
debtor or of any part thereof, and direct him to take immediate pos-
session 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 tinic after the presentation of a bankruptcy petition,
the Court way, 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 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
remuneration and give stich 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 least one local
newspaper by the Official Receiver.

14.-(1) As regards the estate of the debtor it shall be the duty
of the Official Receiver:-
(a) to act as interim receiver of the debtor's estate pending the,
appointment of a trustee, and, where a special manner has not been
appointed, to act as manager thereof;
(b) to raise money for the purposes of the estate in any case
where, in the interests of creditors, it appears necessary to do so
(c) to take possession of all the books, documents, and papers of
the debtor and of all or any of the properly 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 have 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 for him and is unable properly
to prepare it himself.
(2) As regards the debtor it shall be the duty of the Official
Receiver-
(a) to investigate the conduct of the debtor and to report to the
Court stating whether there is reason to believe that the debtor has
committed any act which constitntes in offence under this Ordi-
nance or which would justify the Coart in refusing, suspending, or
qualifying an order for his discharge;
(b) to conduct the public examination of the debtor ; and
(c) to assist in the prosecution of any fraudident 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 com-
position 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 28 days of the date of the receiving order, and not less than

3 days notice of the time and place thereof shall be given in the
Gazette and a local newspaper.
(3) The meeting shall be presided over by the Official Receiver
and the proceedings thereat shall be recorded by him in writing.
(4) A person shall not be entitled to vote at the first or
any subsequent meeting unless he has proved his debt.


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

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

(7) Previous to the first meeting it shall be the duty of the Official
Receiver to give notice in writing, as he may think fit, to such per-
sons as are mentioned as creditors in the debtor's statement of affairs
or as he knows to be or has reason to believe are creditors of the
estate. The notice shall state-
(a) the time and place of meeting;
(b) that the creditor cannot vote unless he previously proves his
debt ;
(c) that forms of proof and proxy can be obtained at the office of
the Official Receiver during office hours; and
(d) that at such meeting the creditors will be asked to consider
whether the debtor shall be adjudged bankrupt or whether they will

entertain a proposal for a composition or scherne 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 res-
pectively given, and the debtor's personal expenses and, if any,
business expenses for the last preceding 3 years.
(2) The statement shall be made and deposited with the Official
Receiver within 7 days of the making of the receiving order, unless
the time is 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 the
statement of affairs, the Court shall hold a public sitting, on a day
to be appointed, for the examination of the debtor, and the debtor
shall attend thereat and shall be examined as to his conduct,
dealings, and property.

(2) The Official Receiver and any creditor may take part in the
examination of the debtor, and the Court may put such questions as
it may deem expedlent.
(3) The Official Receiver may, if specially authorised by the Court,
employ a solicitor, with or without counsel, to conduct such ex-
amination, but no solicitor or counsel shall be allowed to take part
in the examination on behalf of the debtor.
(4) The debtor shall be examined upon oath, and it shall be his
duty to answer all such questions 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 he read over to and signed
by the debtor and may thereafter be used in evidence against him.
(6) The examination may be adjonmed 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 examina-
tion.

Composition or Scheme of Arrangement.
18.-(1) The creditors may, at the first meeting or any adjourn-
ment 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 7 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 composition or scheme.
(6) If the Court approves the composition or sebeme, the approval
thereof may be testified by the seal of the Court being attached to
the instrument containing the terms of the composition or scheme

or by the terms being embodied in an order of the Court. A com-
position 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 if forbearance of the payment
thereof before the date of the arrangement was obtained by fraud,
the debtor shall remain liable for the unpaid balance, unless the
defrauded creditor was in assenting party to the arrangement. As
regards any debt not provable in bankruptcy,it shall be binding on

the creditor if he acsents 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 inter-
ested, 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 consequence of legal
difficulties or for any other sufficient cause, proceed witliout injustice
or undue delay to the creditors or to the debtor, or that the approval
of the Court was obtained by fraud, the Court may, if it thinks fit,
on application by any creditor, adjudge the debtor bankruptcy and
annul the composition or scheme, but without prejudice to the
validity of any sale, disposition, or payment duly made or thing
duly done under or in pursuance of the composition or scheme.
Where a debtor is adjudged 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 debtor's pro-
perty or manage his business, Part III shall apply to the trustee
and to the composition or scheme as if the trustee were a trustee in
a bankruptcy and as if the terms 'bankruptcy,' 'bankrupt,' and
'order of adjudication' included respectively a composition or
scheme of arrangement, a compounding or arranging debtor, and
an order approving the composition or scheme.
(10) Part II shall, so far as the nature of the case and the terms
of the composition or scheme admit,thereto, the same inter
pretation being given to the words 'trustee,' 'bankruptcy,'
'bankrupt,' and 'order of adjudication' as in the last sub-sec-
tion.
(11) No composition or scheme shall be approved by the Court
which does not provide for the payment in priority to other debts of
all debts directed to be so paid in the distribution 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 14 days after the conclu-
sion of the examination of the debtor or such further time as the
Court may allow, the Court shall adjudge the debtor bankrupt ; and
thereupon the property of the bankrupt shall become divisible among
his creditors and shall vest in a trustee.
(2)Notice of every order adjudging a debtor bankrupt, stating
the name, address, and description of the bankrupt, the date of the
adjudication, and the name of the trustee, shall be gazetted
and advertised in at least one local paper.
(3) The date of the order shall, for the purposes of this Ordinance,
be the date of the adjudication.

20.-(1) At any time prior to adjudication the creditors may, by
ordinary resolution, nominate some fit person to be trustee in the
bankruptcy, and on making the adjudication the Court shall appoint
the creditor's nominee or, if 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 subsequent 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 Inspection, consisting of three persons,
for the purpose of superintending the administration of the bank-
rupt's property by the trustee.
(2) Any two members of the Committee may act.
(3) On a vacancy occurring by death, resignation, incapacity, or
otherwise, the trustee shall summon a meeting of creditors for the
purpose of filling the vacancy, but the continuing members may act
notwithstanding the vacancy.
(4) If there is no Committee of Inspection, any act or thing or
any direction or permission by this Ordinance authorised or required
to be done or given by the Committee may be done or given by the
Court on the application of the trustee.





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

(2) When a composition or scheme is approved by the Court after
adjudication, or if the Court is satisfied, by fresh evidence or other
wise, that the debtor ought not to have been adjudged bankrupt, or

when the debts of the bankrupt are all Ivild in full, with interest,
the Court may annul the adjudication, but such annulment shall
not invalidate or affect acts theretofore (lone by the Official Receiver,
trustee, or manager, or any person acting under their authority or
under the authority of the Court.

Control over Person and Property of Debtor.
23-(1) Every debtor against whom a receiving order is made

shall, unless prevented by sickness or other sufficient cause, attend
the first meeting of his creditors and shall submit to such examina-
tion and give such information as the meeting may require.

(2) He shall give such inventory of bis property, such list of his
creditors and debtors and of the debts due to and from them respec-
tively, submit to such examination in respect of his property or his
creditors, attend such other meetings of his creditors, wait at such
times on the Official Receiver, special manager, or trustee, execute
such powers of attorney, conveyances, deeds, and instruments, and
generally do all such acts and things in relation to his property and
the distribution of the proceeds among his creditors as may be
reasonably required 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 pro-
ceeds among his creditors.
(4) If a debtor wilfully fails to perform the duties imposed on him
by this section or to deliver up possession of any part of his property
which is divisible among his creditors under this Ordinance, and

which is for the time being in his possession or under his control,
to the Official Receiver, or to the trustee, or to any persod





authorised by the Court to take possesslon of it, he shall, in addition
to any other punishment to which he may be subject, be guilty of a
contempt of Couit and may be punished accordingly.


24.-(1) The Court may, by warrant, cause a debtor to be
arrested and any books,money, and goods in his possession
to be seized, and him and them safely kept until such time as the
Court may order, under the following circumstances:-
(a) if, after a bankruptcy notice has been issued under this Or-
dinance or after the presentation of a bankruptcy petition by or
against him, it appears to Ihe 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 bank-
ruptcy notice was issued, or of avolding service of a bankruptcy
petition, or of avoiding appearance to any petition, or of avoid-
ing examination in respect of his affairs, or of otherwise avoid-
ing, delaying, or embarrassing proceedings in bankruptcy against
him
(b) if, after presentation of a bankruptcy perition 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 abotit to conceal or dostroy 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, after 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 25 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
committed an offence punishable under this Ordinance.

(2) When an order of committal is made agrainst a debtor or other
person for disobeying any order of the Court or of the Official
Receiver or trustee to do soine particular act or thing, the Court

that such debtor or person, as the case may be, obeys the previous
may direct that the order of committal shall not be issued provided
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 fradulent 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 3 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 shall be done accordingly.

26-(1) The Court may, at any time after a receiving order has
been made against a debtor, summon before it the debtor or his wife
or any person known or suspeected 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 rea-
sonable sum, refuses to come before, the Court at the time appointed
or refuses to produce any such document,having no lawful impedi-
ment made known to the Court at the time of its sitting and allowed
by it, the Court may, by warrant, cause hini 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 way, on the applicatioa 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 property or any part
thereof at such time, and in such manner, and on such terms as to
the Court may seem just.
(6) The Court may, if it thinks fit, order that any person who, if
in the Colony, would be liable to be brought before it under this
section shall be examined by a commissioner appointed for the
purpose in any place out of the Colony.
(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 Ordi-
nance, 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 adniAtted as evidence
of the matters therein deposed to, saving all just exceptions.

Discharge of Bankrupt.
27.-(1) A bankrupt may, at any time after being adjudged 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 eminiination 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 tbe 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, sub-
ject to the provisions hereinafter contained, may either grant or
refuse an absolute order of discharge, or suspend the operation of







the order for a specified time, or grant, in order of discharge subject
to any conditions with respect to any earnings or income which may
afterwards become due to the bankrupt or with respect to his after-
acquired property: Provided that the Court shall refuse the dis-
charge in all cases where the bankrupt has committed any misde-
meanor 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 dis-
charge subject to any such,conditions Ps aforesaid.

(4) The facis hereinafter referred to are-
(a) that the bankrupt, with intent to conceal the true state of his
affairs, has omitted to keep such books of account, as are usual and
proper in the business carried on by him and as sufficiently disclose
his business transactions and financial position within the 3 years
immediately preceding his bankruptcy;
(b) that the bankrupt has carried on trade by means of fictitious
capital ;
(c) that the bankrupt has continned to trade after knowing him-
self 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 speculation or unjustifiable extravagance in living;
(f) that the bafficrupt has put any of his creditors to unnecessary
expense by a frivolous or vexatious defence to any action properly

brought against him ;
(g) that the bankrupt has, within 4 months next preceding the
date of the receiving order, when unable to pay his debts as they
became due, given an undue preference to any of his creditors ;
(h) that the bankrupt has on any previous occasion been adjudged
bankrupt or made a statutory composition or arrangement with his

creditors;
(i) that the bankrupt has been guilty of any fraud or fraudulent
breach of trust ;
(j) that the bankrupt has, since the commencement of the bank-
ruptey proceedings,misconducted himself in connection with such
proceedings; and





(k) that a dividend or dividends of 50 per cent. has or have not
been paid or will not, lin the opinion of the trustee, be payable on
the debts proved.
(5) the Court may, on proof to its satisfaction of the facts men-
tioned in paragraphs (a), (b) , (c) , (d) , (e), or (f) of the
last sub-section, summarily sentence the bankrupt to imprisonment
for any term not exceeding one year.
(6) Notice of the appointment by the Court of the day for hearing
the application for discharge shall be gazetted and published in at
least one localnot less than 14 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 as it may think fit.
(7) The Court may, as one of the conditions referred to in this
section, allow Judgment to be entered against the bankrupt by the
trustee for any balance or part of any balance of the debts provable
under the bankruptcy which is not satisfied at the date of the dis-
charge, 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 payinent of his debts.
(8) A discharged bankrupt shall, notwithstanding his discharge,
give such assistance as the trustee may require in the realisation and
distribution of such of his property as is vested in the trustee, and,
if he falls to do so, lie shall be guilty of a contempt of Court, and
the Court may also, if it thinks fit, revoke his discharge, but without
prejudice to the validity of any sale, disposition, or payment duly
made or thing duly done subsequent to the discharge but before its
revocation.

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






of trust to which he was a party or from any debt, or liability whereof
he has obtained forbearance by any fraud to which he was a party.
(3) An order of discharge shall release the bankrupt from all
other debts provable in bankruptcy.
(4) An order of discharge shall not release any person who, at the
date of the receiving order, was a partner or co-trustee with the
bankrupt or was jointly bound or had inade 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 provd, to the

satisfaction of the Court, that the, debts of the bankrupt have been
paid in full or fully secured to the satisfaction of the Court,
the Court may, on the application of any person interested, by order
annul the adjudication.
(2) Notice of the order annulling an adjudication shall be forth-
with 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
is 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 sneh conditions, if any, as the Court may, by
order, declare.

PART 11.
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 affidaxit 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, redeem it for the benefit of the estate on pay-
ment of the amount of the valuation, or the Court, on the applica-
tion 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 6 months after
receiving notice as aforesaid, signify in writing to the creditor his
election to exercise the 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 bona fide on a mistaken estimate or that the secur-
ity 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 ex-
change, 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 14 days after receiving a
proof, either admit it, or reject it wholly or in part, or require further
evidence in support of it, and shall notify his decision to the
creditors at the next general meeting. An appeal to the Court from
the admission or rejection of a proof shall not 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 or bankruptcy avail-
able against the debtor shall not prove for any debt or liability con-
tracted by the debtor subsequently to the date of his so having
notice.
(3) Save as aforesaid, all debts and liabilities, present or future,
certa,in 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 wbich,
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 deenled provable in banlauptcy.

(5) ' Liability ', shall, for the purposes of this Ordinance,
include any compensation for work or labour done, any obligation or
probability of in 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 en-
gagement, 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 inode 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 bankruptcy committed by the debtor and
available against him for adjudication.

Appropriation of Assets.
33.-(1) The assets remaining after payment of the actual ex-
penses incurred in realizing any of the assets of the debtor shall,
subject to any order of the Court, be liable to the following
payments, which shall be made in the following order of priority,
namely,-
(a) the actual expenses incurred by the Official Receiver in
protecting the property or assets of the debtor or any part thereof
and any expenses or outlay incurred by him or by his authority in
carrying on the business of the debtor;
(b) the fees, percentages, and charges payable to, or costs

charges, and expenses incurred or authorised the Official
Receiver;
(c) the remuneration of the special manager, if any ; and
(d) the taxed costs of the petitioner, so far as the same may not
have been disallowed by the Court.

(2) Whenever the Court is 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 proceed-
ings 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 puty and party)
out of the estate, with the same priority as to payinent 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 it the date of the
receiving order, having first become due and payable within 12
months next before such date:
(b) the wages or salary of any clerk or servant in respect of
services rendered to the bankrupt during the 4 months next preced
in the date of the receiving order and not exceeding 300 dollars.





(c) the wages of any labourer or workman not exceeding 100
dollars, whether payable for time or placework, in respect of ser
vices rendered to the bankrupt during the 4 months immediately
preceding the receiving order; and
(d) such part of any premium paid by or on behalf of any
apprentice or articled clerk under service to the bankrupt as the
Court may order.
(2) The foregoing debts shall rank equally between themselves and

shall be paid in full unless the property of the bankrupt is insuffi-
cient 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. Tf 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 part
ner 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 affer payment of the debts, it shall
be applied in payrnent of interest from the date of the receiving
order at the rate of 8 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 1he
bankrupt may, subject to the provisions of the Distress for Rent
Ordinance, 1888, at any tinie either before, or after the commence-
ment of the bankruptcy, 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, avail-
able only for 6 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 bank-
rupt 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
bankrupt within 4 months next preceding the presentation of the
bankruptcy petition ; but no bankruptcy petition, receiving order, or
adJudication shall be rendered invalid by reason of any act of bank-
ruptcy anterior to the debt of the petitioning creditor.

37. The property of the bankrupt divisible aniong 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

(2) the tools, if any of the bankrupt's trade and the necessary

wearing apparel and bedding of himself and his family dependent
on and residing with him, to a value, inclusive of tools, apparel,
and bedding, not exceeding in the whole 100 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 exercis-
ing, all such powers in, over,or in respect of property as might
have been exercised by the bankrupt for his own benefit at
the commencenient of his bankruptcy or before his discharge; and
(3) all goods being, at the commencement of the bankruptcy, in
the possession, order , or disposition of the bankrupt in his trade or
business by the consent and permission of the true owner, under
Such cricumstances that he is the reputed owner thereof : Provided
that things in action, other than debts due or growing due to the
bankrupt in the course of his trade or business, shall not be deemed
goods within the meaning of this section.

Effect of Bankruptcy on Antecedent Transactions.
(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 bank-






ruptcy petition by or against the debtor or of the commission of
any available act of bankruptcy 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 immediate 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 diie 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 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 receivincs

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 de-
livered, 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 100 dollars, the bailifF
shall deduct the costs of the execution from the proceeds of sale and
pay the balance into Court, and if, within 14 clear davs of such
sale, a bankruptcy petition is 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 execlution completed as aforesaid is not invalid by reason
only of its being an act of bankruptcy, and a person who purchases
the property of the debtor in good faith under a sale shall in all cases
acquire a good title to it as against the trustee in bankruptcy.


40.-(1) Any settlement of property, not being a settlement made
before and in consideration of marriage, or made in favour of a
purchaser or incumbrancer in good faith and for valuable con-
sideration, 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
Ins wife, shall, if the settlor becomes bankrupt within 2 years after
the date of the settlement, be void against the trustee in the bank-
ruptey, and shall, if the settlor becomes bankrupt at any sub-
sequent time within 10 years after the date of the settlement, be
void against the trustee in the bankrupley, unless the parties claim-
ing under the settleifient can prove that the settlor was, at the time
of making the settlement,able to pay all his debts without the aid
of the property comprised in the settlement, and that the interest
of the settlor in such property has passed to the trustee of the
settlement on the execution thereof.
(2) Any covenant or contract made in consideration of marriage,
for the 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 remainder, and not being money or property of or in
right of his wife, shall, on his becoming bankrupt before the pro-
perty or money has been actually transferred or paid pursuant to
the covenant or contract, be void against the trustee in the bank-
ruptcy.
(8)'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 4
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 falth and for valuable considelation 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 athachment
and with respect to the avoidance of certain settlements and prefer-
ences, nothing in this Ordinance shall invalidale, 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 bank-
rupt 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, deaIing, 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
committed by the bankrupt before that time.

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

(2) The trustee sball, in relation to and for the purpose of acquir-
ing or retaining possession of the property of the bankrupt, be in the
same position as if he were a receiver of the property appointed by.





the Court, and the Court may, on his application, enforce such
acquisition or retention accordingly.
(3) When any part of the property of the bankrupt consists of
stock, shares in ships, shares, or any other property transferable in
the books of any company, office, or person, the trustee may
exercise the right to transfer the property to the same extent as
the bankrupt might have exercised it if he had not become
bankrupt.
(4)Where any part of the property of the bankrupt consists of
things in action, such things shall be deemed to have been duly
assigned to the trustee.
(5) Any officer, clerk, servant, compradore, employe, or person
acting as banker, attorney, or agent of a bankrupt shall pay and
deliver to the trustee all moneys and securities in his possession or
power which he is not by law entitled to retain as against the
bankrupt or the trustee. If he does not, he shall be guilty of a con-
tempt of Court and may be punished accordingly, on the applica-
tion 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 wbere 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 docunients for the purpose, and if and so often
as the bankrupt refuses to do so, he may be punished for a contempt
of Court.

46. When a bankrupt is an officer of the navy or army or an officer
or clerk otherwise employed 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 terni the Official Receiver when he
fills the office of trustee, and shall vest in the trustee for the time
being during his continuance in office, without any conveyance,
assignment, or transfer whatever.

48-(1)When any part of the property of the bankrupt consists
of land of any tenure burdened with onerous covenants 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, nothwithstanding 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 6 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 3 months after such appointment he may dis-
claim such property at any time within 3 months after he first be-
came aware thereof.
(2) The disclaimer shall operate to determine, as from the date of
disclaimer, the rights, interests, and liabilities of the bankrupt and
his property in or in respect of the property disclaimed, and shall
also discharge the trustee from all personal liability in respect of
the proplerty disclaimed as from the dale when the property vested
in him, but shall not, except so far as is necessary for the purpose of
releasing the bankrupt 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 interested in the pro-
perty requiring him to deelde whether he will disclaim or not, and
the trustee has, for a period of 28 days after the receipt of
the appIication or such extended period as may be allowed by the
Court, declined or neglected to give notice whether he disclaims
the property or not; and, in the case of a contract, if the trustee,
after such application as aforesaid, does not, within the said period
or extended period, disclaim the contract, he shall be deemed to
have adopted it.

(5) The Court may,on the 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 bim is a debt under the
bankruptcy.
(6) The Court may, on application by any person either claiming
any interest in any disclaimed properiy or under any liability not
discharged by this Ordinance in respect of any disclaimed property,
and on hearing such persons as it may think fit, make an order for

the vesting of the property in or delivery thereof to any person
entitle 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 propeity
at the date when the bankruptcy petition was filed, and any





mortgagee or under-lessee declining to accept n vesting order on such

terms shall be excluded from all interest in and security upon the
property; and if there is no person clainimg under the bankrupt
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 representitive
character and either alone or jointly with the bankrupt, to perform
the lessee's covenants in such lease,freed and discharged from all
estates, encumbrances, and interests created therein by the
bankrupt.

(7) Any person 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 con-
tract, with power to transfer the whole thereof to any person
or company or to sell the same in parcels ;

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

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

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

50.-(1)Thee trustee may,with the permission of the Committee
of Inspection, do all or any of the following things:-
(a) carry on the business, if any, of the bankrupt so far as may be
necessary for the beneficial winding-up of the same ;
(b) bring, institute, or defend any action or other legal proceeding
relating to the property of the bankrupt ;
(c) employ a solicitor or other agent to take any proceedings or

do any business sanctioned by the Committee;
(d) accept as the consideration for the sale of any property of the
bankrupt a sum of money payable at a future time, subject to such
stipulations as to security and otherwise as the Committee 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

thought 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

thought expedient with respect to any claim arising out of or
incidental to the property of the bankrupt made or capable of being
made on the trustee by any person or by the trustee on any person;.
and
(i) divide in its existing form among the creditors, according to its
estimated value, any property which, from its peculiar nature or
other special circumstances, cannot be readily or advantageously
sold.

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

Distribution of Property.
51.-(1) Subject to the retention of such sums as may be neces-
sary for the costs of administration or otherwise, the trustee shall,
with all convenient speed, declare and distribute dividends among
the creditors who have proved their debts.
(2) The first dividend, if any, shall be declared within 4 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 dis-
tributed at intervals of not more than 6 months.





(3) At least one month before declaring a dividend, the trusted

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 bank-

rupt's statement who has not proved his debt.
(4) When the trustee has declared a dividend, he shall cause a
notice to be gazetted showing the amount of the dividend and when
and how it is payable.

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


53.-(1) In the calculation and distribution of a dividend the trus-
tee 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 dis-
tribute 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
moncy 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 realised all the property of the bankrupt
or so much thereof as can be realised 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 pald : 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 way be reasonably necessary
for such creditor to establish his claim.

56. No actJon 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 oot of his own money interest
thereon for the time that it is withheld and tIne- costs of the applica-
tion.

57.-(1) The trustee, with the permission of the Committee of
Inspection or of the Court,may appoint the bankrupt hiniself 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 creditore, and in any other respect to aid in adininis-
tering the property in such manner and on such terms as the trustee
may direct.

58.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 sup-
port 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 the bankruptcy pefition.

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 manageger receives remuneration for this
services as such, no payment shall be allowed in his accounts in
respect of the performance by any other person of the ordinary duties
which are required to be performed by himself.
(3) No solicitor's bill of costs shall be allowed in the trustee's
accounts unless it has been taxed by the proper officer.





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

60-(1) The Official Receive shall open in his name as Official
Receiver an account at a bank 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 paving money into his private banking account,
or using it otherwise than in the administration of the estate, or
retaining in his hands for more than a week,without the leave of the
Court previously obtained, a sum exceeding 100 dollars, or without
explaining such retention to the satisfaction of the Court, may,
without prejudice to any other liability, bc 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 ef all proceedings had and resolutions passed at
any meeting of 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 document 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 examination, 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 proceed-

ings under this Ordinance and the remuneration of the Official
Receiver and the trustee shall be as mentioned in the 2nd schedule:
Provided that such schedule may be altered by rule of Court.

64.-(1) Where the joint estate of any co-debtors is insufficient
to defray any costs or charges properly incurred in respect thereof,

the Court, on the application of the trustee,may order such costs or
charges to be paid out of the separate estates of such co-debtors or
any one or more of them.
(2) The Court 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 properly of the
bankrupt or so much thereof as can, in his opinion, be realized
without needlessly protracting the trusteeship, and has distributed
a final dividend, if any, or has ceased to act by reason of a com-
position 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 con-
trary 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 re-
voked 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 re-
moved, his release shall operate as a removal of him from his office,
and thereupon the Official Receiver shall be the trustee.

Official Name.
86. 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 do 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 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 Com-
mittee 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 witbin a week of the act or
decision complained of : Provided that the Court may, subject to
such conditions as it may think just, allow an appeal at any time
on good cause shown.

70. Where default is made by the trustee, the debtor, or any
other person in obeying any order or direction made or given by the
Court, the Court may make an immediate order for the committai
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 subsititution 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 pro-
cedure of the Court shall, so far as the same may he applicable and
not inconsistent with the pfovisions of this Ordinance, be applied
to bankruptcy proceedings ; and every order of the Court made in
connexion with bankruptcy proceedings may be enforced in the
same way as a judgment of the Court made in respect of any civil.
proceedings may be enforced,
(2) The Registrar shall,in cases of urgency,have power to make,
interim orders and to hear and determine unopposed or ex parte
applications, and any order so made shall, subject to appeal to the
Court, be deemed to be an order of 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 prosented
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 Pist.

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

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

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

78.-(1) Any two or more persons, being partners, or any person
carrying on business under a partnership name, may take proceed-
ings 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 thern shall vest in the trustee : Provided
that a receiving order shall not be, made against a corporation or
against a registered joint-stock company.
(2) The Conrt, on application by any person interested in any
bankruptcy proceedings by or against a partnership, may order the
names of the persons who are partners in such firm to be 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 inquiries made or issues
tried as it may deem just and necessary.





79. The Chief Justice may make general rules and forms for
carrying into 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 6 months,
or when, after making a final dividend, the trustee has in his hands
or under his control any unclaimed or undistributed money arising
from the property of the debtor, he shall forthwith pay the same to
the Registrar of the Court, who shall carry the same to an account
to be termed 'The Bankruptcy Estates Account. ' The Re-
gistrar'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 requisitions of the
Court in this behalf may be dealt with as a contempt of Court.
(3) Any person claiming to be entitled to any moneys paid into
the Bankruptcy Estates Account may, within 5 years of the date
when the same was so paid in, apply to the Registrar for payment
to him of the satite, and the Registrar, if satisfied that the person
claiming is entitled, shall make an order for the payment to such
person of the sum due. Any person dissatisfied with the decision
of the Registrar may appeal to the Court.
(4) After any money has remained unclaimed in the Bankruptcy
Estates Account for a period of 5 years, the Registrar shall pay the
same over to the Treasurer for the use of the Crown, and all claims
thereon shall be thenceforth barred.

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






and the Court, if satisfied that the estate is insufficient for the pay-
ment 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 intestate estates.
(3) On an order being made for the administration in bankruptcy
of the deceased debtor's estate, the Court shall appoint a trustee
in whom all the debtor's property 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 this seetion 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 ex-
penses 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 the there-
on, 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 pro-
perty 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 stiffered 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 mesdemeanor, and shall be liable to im-
prisonment for any term not exceeding 2 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 nhen he disposed of any
part thereof, except such part as may have been disposed of in the






ordinary way of his trade or laid out in the ordinary expense of his
family, unless the jurly 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 is in his custody or under his control
and which he is required by law to deliver up, unless the jury is
satisfied that he had no intent to defraud;
(c) if he does not deliver up to the trustee or as he may direct all
books, documents,papers ,and writings in his custody or under his
control relating to his property 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 4 months next before such presentation, he
conceals any part of his property to the value of 50 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 4 months next before such presentation, he
fraudulently removes any part of his property to the value of 50
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 bankruptey petition by or
against him or within 4 months next before such presentation, he
conceals, destroys, mutilates, or falsifies, or is privy to the conceal-
ment, 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 4 months next before such presentation, he





makes or is privy to the making of any false entry in any book or
document affecting or relating to his property or 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 4 months next before such presentation, 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 4 months

next before such presentation, he attempts to account for any part
of his property by fictitions losses or expenses;
(m) if, while undischarged, he obtains credit to the extent of
100 dollars or upwards from any person without informing such
person that he is an undischarged bankrupt;
(n) if, within 4 months next before the presentation of a
bankruptcy petition by or against him, be, by any false representa-
tion or other fraud, has obtained any property on credit and has
not paid for the same;
(o) if, within 4 months next before the presentation of a bank-
ruptcy petition by or, against him, he obtains, under the false
pretence of carrying on business and dealing in the ordinary way
of his trade, any property, on credit and has not paid for the same,
unless the jury is satisfied that he had no intent to defraud;
(p) if, within 4 months next before the presentation of a bank-
ruptcy 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 4 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 100 dollars or upwards, which
ought by law to be divided among his creditors, he shall (unless
the jury is satisfied that he had no intent to defraud) be guilty of a
misdemeanor punishable with imprisonment for any term not
exceeding 2 years.
(4) If any person against whom a receiving order is made quits
the Colony, with intent to avoid service of any petition or other
process in bankruptcy, or to avoid examination in respect of his
affairs, or otherwise to defeat, embarrass, or delay any proceedings
against him in bankruptcy,he shall be, liable to imprisonment,
without hard labour, not exceeding one year, or to a fine not
exceeding 500 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 3 months next before such presenta-
tion or service, quits the Colony shall (until the contrary is proved)
be deemed to have quitted the Colony with such intent as is
mentioned in this section.
(5) Any person shall, in each of the cases following, be deemed
guilty of a misdemeanor, and shall be liable to imprisonment for
any term not exceeding one year; that is to say-
(a) if, in incurring any debt or liability, he has obtained credit
under false pretences or by means of any other fraud;
(b) if he has,with intent to defraud his creditors or any of them,
made or caused to be made any gift, delivery, or transfer of or any
charge on his property;
(c) if he has, with intent to defraud his creditors, concealed or
removed any part of his property since or within 2 months before
the date of any unsatisfied judgment or order for payment of money

obtained against him; and
(d) if, after a receiving order has been made against him and
whether he has been adjudicated bankrupt or not, the assets avail






able for his unsecurred creditors and ror the costs of bankruptcy and
administration do not together amount to 25 per cent. on the

unsecured debts proved, unless the jury is satisfied that the extent
of his insolvency arose front his misfortune unaccompanied by
dishonesty or reckless speculatlion or extravigance on his part.


83. If any creditor in any bankruptcy or composition with
creditors under the provisions 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
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 otber Ordinance, Act
of Parliament, or at common law, or under this Ordinance, so that
he be not punished twice for the same offence.

(3)Where a debtor has been guilty of any criminal offence, he
shall not be exempt from being proceeded against therefor by

reason that he has obtained his discharge or that a composition or
scheme of arrangement has been accepted or approved.

Schedules.
85. The forms in the Ist schedule with such variations and
additions as circumstances may require, may be used for proceed-
ings under this Ordinance and shall, as regards the form thereof,
be valid and sufficient.





86. The fees mentioned in the 2nd schedule 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 tihe appointment oY a trustee other than himself or for
acting as trustee, and any remuneration received by the Official
Receiver as an interim receiver or otherwise, shall be paid by such
officer forthwith into the Treasury.

FIRST SCHEDULE.
FORM No. 1. [s.85.]
General Title in Bankruptcy Proceedings.
In the Supreme Court of Hongkong.
In Bankruptcy. No. of 19 .

Re A. B. [Debtor's name].

Ex parte the Debtor [or C.D. a Creditor, or The Official Receiver, or The Trustee]

FORM No. 2. [s.3.]

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 ,19 .
(Signed.) A.B.
Signed by the debtor in my presence
Signature of witness
Address
Description.
Filed the day of ,19 .

FORM No. 3. [ss.3, 8.]
Debtor's Petition.
(TITLE.)


I, A.B., [name, 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 ,19 .
(Signed.) A.B.
Signed by the debtor in my presence
Signature of witness
Address
Description.

Filed the day of ,19 .





FORM No. 4. [s.3.]
Bankruptcy Notice.
(TITLE.)


To A.B. [or A.B. and Co.] of

Take notice that, within days after service of this notice on you, excluding
the day of such service, you 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 , 19 , 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 svas obtained.

By the Court,
(Signed.) Registrar.

Dated this day of ,19 .
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-deniand 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. [S. 3.]
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 ,19 .


4. Execution on the said judgment has not been stayed.

Dated this day of ,19 .


(Signed.) C.D., Judgment Creditor,
or
[E.F., Solicitor for C.D.]

FORM No. 6. [s. 7.]
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 ordinarily resided or had a dwelling house or
had a place of business in this Colony].





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

4. I [or We] do not nor does any person on my [or our] behalf hold any security
on the said debtor's estate or on any part thereof for the payment of the said sum.
or
4. I [or We] hold security for the payment of [or part of] the said sum [but I (or
we) will give up such security for the benefit of the 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 act
out separatelg the act or acts of bankruptcy].

Dated this day of ,19 .
(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 nffdavit.


Indorsement.
This Petition having been presented to tho Court on the day of ,
19 ,at o'clock in the noon, it is ordered that this Petition shall be
heard at on day, the day of ,19 ,
at o'clock in the noon.


And you, the said A.B., are to take notice that if you intend to dispute the truth of
any of the statements contained in the Petition, you must file with the Registrar of
this Court a notice showing the grounds on which you intend to dispute the same and
serve a copy of the notice on the petitioner two days before the date fixed for the
hearing.

FORM No. 7. [S 81.]
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. [Describe the estate sought to be administered,and state the previous vesling of
the estate, so far as the same as 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 consideration].

4. I [or We] do not nor does any person on my [or our] behalf hold any security
on the said estate or on any part thereof, [or as in form No. 6-Creditor's Petition].

5. The estate of the said A.B. is (according to my [or our] information and belief)
insufficient to pay the debts due therefrom.

Indorsement.
This Petition having been presented to the Court on the day of
19 ,it is ordered that this Petition shall be heard at on
day,the day of ,19 ,at o'clock in the noon. If you the said [party on whom servoce 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. [s.4.]
Receiving Order.
(TITLE.)
On the Petition of the debtor himself [or of C.D., of a creditor]
filed the day of ,19 ,the Official Receiver,Mr.
is hereby constituted receiver of the estate of A.B. [name,address,and description of
debtor].
Dated this day of ,19 .
By the Court,
LS (Signed.) Registrar.

FORM No. 9. [s.81.]
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 pof debtor] be administered in bankruptcy;and that the Official
Receiver,Mr. be the trustee;and that the costs of this
application be
Dated this day of ,19 .
By the Court,
LS (Signed.) Registrar.

FORM No. 10. [s.7.]
Notice by Debtor of Intention to oppose Petition.
(TITLE.)
In the Matter of a Bankruptcy Petition presented against
me on the day of ,19 ,by
C.D. of

I,the above A.B., do hereby give you notice taht I intend to dispute the petitioning
creditor's debtor [or the act of bankruptcy,or as the case may be].
Dated this day of ,19 .
(Signed.) A.B.
To C.D., of and to the Registrar of the said Court.
LAWS OF HONGKONG
1844-1900
P.656



LAWS OF HONGKONG
1844-1900
P.657




LiST F.
Liabilities of Debtor on Bills other than his own Acceptances.


LIST G.
Property.

LIST G.
Debts due to the Estate.

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

Dated this day of ,19 .
By the Court,
LS (Signed.) Registrar.

FORM No. 13. [s.27.]
Order of Discharge.
(TITLE.)
On the application of A.B., adjudicated bankrupt on the day of ,
19 ,and on reading and hearing it is ordered that he be
and he is hereby discharged [or that his discharge be suspended for (insert period)and that he be discharged as from the day of ,19 ,or that
he be discharged subject to the following conditions,namely,(insert conditions),or
that his discharge be and it hereby is refused].
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.

FORM No. 14. [s.18.]
Order sanctioning Composition or Scheme.
(TITLE.)
On teh application of and on reading and hearing and
the Court being satisfied that the creditors in the above matter have duly accepted
and approved a composition [or scheme of arrangement] in the following terms,
namely, [here insert terms,if short,if not,insert 'in the terms contained in Exhibit
A. annexed hereto']the said composition [or scheme] is hereby sanctioned.
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.

FORM No. 15. [s.30.]
Affidavit for Proof of Debt with or without Security.
(TITLE.)
I, of make oath and say[if the affidavit is made by a clerk or agent
of the creditor,set out here the representative character of the deponent and the
authority to make the 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. [s.15.]
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 divident.
Dated this day of ,19 .
(Signed.)
Signed by the said [for self and partners.]
in the presence of
FORM No.17. [s.18.]
Notice to Creditors of Second General Meeting.
(TITLE.)
HONGKONG, ,19 .
Sir,
At the first meeting of the creditors in the above matter held at on the
day of ,19 ,it was resolved by special resolution of
the creditors present to entertain a proposal for a composition [or scheme of arrange-
ment]in the following terms [state terms of proposal]. The meeting for the purpose of deciding whether the above resolution shall be
confirmed will be held at on the day of ,19.
The proposal for a composition can be confirmed only by a majority in number,
representing three-fourths in value,of all the conditions 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 approval as Trustee of the Estate of A.B., who was adjudicated
bankrupt on the dya of ,19
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.
FORM No. 19. [s.51.]
'Gazette' Notice of Intention to declare Dividend.
(TITLE.)
Bankruptcy Notice.
A [final] dividend is intedned to be declared in the Matter of A.B., of
adjudicated bankrupt on the day of ,19 .
Creditors who have not proved their debts by the day of ,
19 ,will be excluded.
Dated this day of ,19
(Signed.) Trustee.
FORM No.20. [s.51.]
Notice to Creditors who have not proved.
(TITLE.)
In the Matter of A.B.,adjudicated bankrupt on the day of ,
19 ,a [final] dividend is intended to be declared.
You are mentioned in the debtor's statement of affairs,but you have not yet proved
your debt.
Creditors who have not proved by the day of ,19 ,
will be excluded from this dividend.
FORM No. 21. [ss.51 and 55.]
'Gazette' Notice of Dividend.
(TITLE.)
Bankruptcy Notice.
A [final] dividend of in the dollar has been declared in the Matter of A.B.,
of ,adjudicated bankrupt on the day of ,19 ,
and the same may be received at on the day of ,
19 ,or on any other 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 ,19 .
(Signed.) Trustee.

FORM No. 22. [s.62.]
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,contained a full and true account
of my receipts and payments on account of the bankrupt's estate from the
day of to the day of ,19 ,inclusive,and
that I have not,nor has any other persob by my order or for my use,during such
period received any money on account of the said estate other than and except the
items mentioned and specified in the said account.
Sworn ,etc
(Signed.) Trustee.
FORM No. 23. [s.24.]
Warrant for Arrest of Debtor.
(TITLE.)
To Officer of this Court and his Assistants and to
the Superintendent of the Gaol.
WHEREAS by evidence taken upon oath it has been made to appear,to the satisfac-
tion of the Court ,that [here insert the cause for the issue of the warrant]:This is,
therefore,to require you the saud 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 ,19 .
LS By the Court,
(Signed.) Registrar.
FORM No.24. [s.24.]
Warrant of Seizure.
(TITLE.)
To Officer of this Court and his Assistants.
WHEREAS on the day of ,19 ,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 things whatsoever belonging to the said debtor,except his necessary wearing
apparel,bedding,and tools as excepted by the Bankruptcy Ordinance,1801,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 ,19 .
LS By the Court,
(Signed.) Registrar. FORM No.25. [s.44.]
Search Warrant.
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 id concealed in
the house [or other pl;ace,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,decribing 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 search,to seize the same to be disposed of the dealt with according to law.
Dated this day of ,19
LS By the Court,
(Signed.) Registrar.


FORM No.26. [s.26.]
Order to pay admitted Debt.
(TITLE.)
Whereas of ,in his examination taken this day and signed and
subscribed by him,has admitted that he is indebted to the said debtor in the sum of
$ it is ordered that the said do pay to the Trustee herein in full
discharge of the sum so admitted,the sum of $ forthwith [or,if otherwise,state
the time and manner of payment ]and do further pay to the said Trustee the sum of
$ for costs.
Dated this day of ,19
LS By the Court,
(Signed.) Registrar.

FORM No. 27. [s.25.]
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 ,19 ,all post letters and parcels [or telegrams] directed
or addressed to the said debtor in the Colony shall be redirected,sent,or delivered by
the Postmaster General or officer acting under him[or by the Agent of the Telegraph
Company] to the Official receiver [or Trustee] at and that a sealed
duplicate of this order be forthwith transmitted by the Official Receiver [or Trustee]to
the Postmaster General or officers acting him[or to the Agent of the Telegraph
Company].
Dated this day of ,19 .
LS By the Court,
(Signed.) Registrar.
SECOND SHCEDULE. [ss.63 and 86.]
SCALE OF FEES AND PERCENTAGES.
TABLE A.
1.Every declaration by a debtor of inability to pay his
debts
2.Every bankruptcy notice
3.Every bankruptcy petition
4.Every bond with sureties




5. Every affidavit filed, other than proof of debts $ 1.00
6, Every subpoena or summons under Section 26 0.50
7. (a) For taking an affidavit, or an affirmation, or a de-
claration, or attestation upon honour in lieu of an
affidavit or a declaration, except for proof of debt,
for each person making the same 1.00
(b) And in addition thereto for each exhibit therein
referred to and required to be marked
8. On every proof of debt above $20
9. Every petition under Section 81 30.00
10. (a) Every application for an order of discharge, includ-
ing expense of gazetting. .
(b) And for each creditor to be notified
11. Every application for search other than by petitioner,
trustee, bankrupt, or any officer of the Court 1.00
12. Every application to the Court, except by the, Official
Receiver when acting either as Official Receiver or
Trustee . ............................................3.00
13. Every order of the Court ................
14. Every office copy, each folio of 72 words ............0.25
15. Every allocatur by the taxing officer of the Court for
any costs, charges, or disbursements:--
Where the amount allonod shall not exceed $100 3.00
Where the amount exceed,,,
For the first $_100 ................3.00
For every additional $100 or fraction thereof 1.00
16. Every application to the Court to appoint a special
manager or to carry on the business of a debtor 3.00
17. Every application under Section 80 to the Registrar of
the Supreme Court for payment of money out of the
Bankruptcy Estates Account .........1.50
18. Every application to the Court to approve composition,
a fee corrpided at the follnwing rates nii the gross
amount of the composition, viz., $10 on every $1,000
or fraction of $1,000 up to $50,000 and $5 on every
$1,000 or fraction of $1,000 beyond $50,000.
19. Every application to the Court to approve a scheme of
arrangement, a fee computed at the following rates
on the gross amount of the estimated assets (but not
exceeding the gross amount of the unsecured liabili-
ties), viz., '$10 or every $1,000 or fraction of $1,000
up to $50,000, and $5 on everY $1,000 or fraction of
$1,000 beyond $50,000.
Provided that where a fee, has been taken on a previous
application to the Court to approve a composition or
scheme, or where a fee lias been paid under this table
1.00

0.50
0.50
30.00

15.00
0.50

3.00
........................ 4.00
0.25





on the account submitted for audit, seven-eighths of
the amount thereof shall be deducted from the fee
payable on all application to approve a composition
or scheme.
20. On one copy of all account, showing assets realized,
forwarded by the Official Receiver or Trustee to the
Registrar of the Supreme Court, a fee according to
the following scale on the gross amount of the assets
realized and brought to credit, viz $10 on every
$1,000 or fraction of $1,000 up to $50,000 and
$5 on every $1,000 or fraction of $1,000 beyond
$50,000.
Provided that where a fee has been taken on an
application to approve a composition or scheme of
arrangement,seven-eights of the amount thereof
shall be deducted from the fee.
On every application for release by a trustee. a fee of
$1.25 on every $1,000 or fraction of $1,000 of assets'
realized and 1)i.otj,,lit to credit.

TALbLE B.
1. On the net assets realized or brought to credit by the Official
Receiver whether actinG as interim receiver, receiver, or trustee, after
deducting any sums paid to secured creditors in respect, of their
securities and not beinG assets realized by a special manager or moneys
received and spent ill carrying, on the business of the debtor, and oil
the net assets realized by an Official Receiver when acting as trustee
twadininister a debtor's property under a composition or scheme, after
deduction any sums paid to secured creditors in respect of their
securffies, and not being moneys received and spent in carrying on
the business of a debtor, a percentage according to the following
Scale:-
On the first $10,900 or fraction. thereof $5 per cent.
next $1,5,000
$25,000
450,000
On the further sums ........... 1'




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

On the first $ 5,000 or fraction thereof $2 per cent.
next $ 5,000
$10,000
On all futher sums ..............................


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

On the first $10,000 or fraction thereof $2,~
per cent.
next $15,000
825,000
$50,000
On all further sums ...........
4. For the Official Receiver acting as interim receiver of the
property of a debtor in addition to the percentage chargeable oil
realizations, on every order ...........$ 30. 00
And, in addition, where, tho order is in force for a
longer period than fourteen days, for every seven
days after the first fourteen, aid for every fraction
of seven days : ......................10.00
5. For each notice by an Official Receiver to a creditor of a first or
any other meeting, or sitting of the Court
Where the estimated value of the estate exceeds
$1,000-each notice ....................$ 0.50
Where the estimated value of the assets does not
exceed $1,000:-
On the first twenty notice each notice............0.50.
For each notice above twenty ..........................0.25
Each notice by all Official Receiver to a creditor of
an adjourned meeting or an adjourned sitting of the
Court ..................................................0.25

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


If the gross assets are estimated by the Official
Receiver not to exceod $5,000 $10000
Per week.
If to exceed $5,000 but. not flo $50,000 20.00
If to exceed 50,OM but not to exceed `,100,000 30.00
If to exceed $100,000 but not to exceed $200,000 ... 40.00
If to exceed $200,000 ..1 .......50.00
7. Travelling, keepin. possession, and other reasonable expenses of
Official Receiver-the amount disbursed.
8. For official stationery, printing forms, and postages, each
estate
For every ten applicatiom; to debtors to an estate, or
fraction of ten ......
For every ten creditors or fraction of ten where, the
estimated assets.......exceed $1,000 .................... 5.00
Where the estimated assets do not exceed $1,000:-
For every ton croditors or fraction of teii up to twenty. 5.00
For ever * v ten credifors or fraction of ten above twenty 2.50
9. On every Payment under Section 80 of money out of the Bank
ruptcy Account 10 on$10 or fractinn of S10 to be
charged as follows:-
When the money consists of. unclaimed dividends, on each
dividend paid out.
When the money consists of undistributed funds or balances, on
the amount paid out.
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.] form 2. Form 3. Form 4. Form 5. Meaning of the word 'debtor'. Jurisdiction to make receiving order. [46 & 47 Vict.c. 52 s. 5.] form 8. Conditions on which creditor may petition. [46 & 47 Vict.c. 52 s. 6.] Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. [46 & 47 Vict.c. 52 s. 7.] form 6. Form 10. Debtor's petition. [46 & 47 Vict.c. 52 s. 8.] form 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.] form 16. Debtor's statement of affairs. [46 & 47 Vict.c. 52 s. 16.] form 11. Proceedings at public examination of debtor. [ib.s.17.] Composition or scheme of arrangement. [53 & 54 Vict.c. 71 s. 3.] form 17. Cases in which adjudication of bankruptcy to be made. [40 & 47 Vict.c. 52 s. 20.] form 12. Nomination, appointment, etc., of trustee. [ib.s.21.] Committee of Inspection. [ib.s.22.] Power to accept composition or scheme after adjudication, etc. [46 & 47 Vict.c. 52 s. 23.] Duties of debtor as to discovery and realization or property. [ib.s.24.] Arrest of debtor and seizure of his property. [46 & 47 Vict.c. 52 s. 25.] form 23. form 24. Re-direction of debtor's letters, etc. [46 & 47 Vict.c. 52 s. 26.] form 27. Discovery of debtor's property. [ib.s.27.] form 26. Proceedings for an on discharge of bankrupt. [53 & 54 Vict.c. 71 s. 8.] form 13. [s. 27 contd.] Effect of order of discharge. [46 & 47 Vict.c. 52 s. 30.] Annulling of adjudication in certain cases. [46 & 47 Vict.c. 52 s. 35.] Mode of proving debt. Form 15. Description of debts provable. [46 & 47 Vict.c. 52 s. 37.] Mutual credit and set-off. [ib.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 of trustee's title. [ib.s.43.] Description of property divisible among creditors [46 & 47 Vict.c. 52 s. 44.] Restriction of rights of execution creditor. [ib.s.45.] Duty of bailiff. [46 & 47 Vict.c. 52 s. 46.] Avoidance of voluntary settlements. [46 & 47 Vict.c.52 s.47] Avoidance of preference in certain cases. [ib.s. 48.] Protection of bona fide transactions without notice. [46 & 47 Vict.c. 52 s. 49.] Possession of property by trustee. [ib.s.50.] Seizure of property of bankrupt. [46 & 47 Vict.c. 52 s. 51.] form 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of officers. [ib.s.53.] Vesting and transfer of property. [46 & 47 Vict.c. 52 s. 54.] Disclaimer of onerous property. [ib.s.55.] [s. 48 contd.] [s. 48 contd.] Powers of trustee to deal with property. [46 & 47 Vict.c. 52 s. 56] Powers exercisable by trustee with permission of Committee of Inspection [ib.s.57.] Declaration and distribution of dividends. [46 & 47 Vict.c. 52 s. 58.] form 19; form 20; form 21. Joint and separate dividends. [46 & 47 Vict.c. 52 s. 59.] Provision for creditors residing at a distance, etc. [ib.s.60.] Right of creditor proving after dividend. [ib.s. 61.] Final dividend. [ib.s.62.] form 21. Barring of action for dividend. [46 & 47 Vict. C. 52 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 other therein. [46 & 47 Vict.c. 52 s. 78.] form 22. Fees and remuneration of Official Receiver and trustee. [ib.s.128.] 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. [46 & 47 Vict.c. 52 s. 109.] Case of two or more respondents. [ib.s.111.] Action by trustee and partner of bankrupt. [ib s. 113.] Action on joint contract. [ib.s.114.] Proceedings in partnership name. [ib.ss.115, 123.] Making of rules and forms. [46 & 47 Vict.c. 52 s. 127.] Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. [ib.s.125.] form 7. Form 9. Punishment of fraudulent debtors. [32 & 33 Vict.c. 62 s. 11.] [s. 82 contd.] [s. 82 contd.] [s. 82 contd.][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. Forms. Fees. Disposal of fees, etc., by Official Receiver.

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.] form 2. Form 3. Form 4. Form 5. Meaning of the word 'debtor'. Jurisdiction to make receiving order. [46 & 47 Vict.c. 52 s. 5.] form 8. Conditions on which creditor may petition. [46 & 47 Vict.c. 52 s. 6.] Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. [46 & 47 Vict.c. 52 s. 7.] form 6. Form 10. Debtor's petition. [46 & 47 Vict.c. 52 s. 8.] form 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.] form 16. Debtor's statement of affairs. [46 & 47 Vict.c. 52 s. 16.] form 11. Proceedings at public examination of debtor. [ib.s.17.] Composition or scheme of arrangement. [53 & 54 Vict.c. 71 s. 3.] form 17. Cases in which adjudication of bankruptcy to be made. [40 & 47 Vict.c. 52 s. 20.] form 12. Nomination, appointment, etc., of trustee. [ib.s.21.] Committee of Inspection. [ib.s.22.] Power to accept composition or scheme after adjudication, etc. [46 & 47 Vict.c. 52 s. 23.] Duties of debtor as to discovery and realization or property. [ib.s.24.] Arrest of debtor and seizure of his property. [46 & 47 Vict.c. 52 s. 25.] form 23. form 24. Re-direction of debtor's letters, etc. [46 & 47 Vict.c. 52 s. 26.] form 27. Discovery of debtor's property. [ib.s.27.] form 26. Proceedings for an on discharge of bankrupt. [53 & 54 Vict.c. 71 s. 8.] form 13. [s. 27 contd.] Effect of order of discharge. [46 & 47 Vict.c. 52 s. 30.] Annulling of adjudication in certain cases. [46 & 47 Vict.c. 52 s. 35.] Mode of proving debt. Form 15. Description of debts provable. [46 & 47 Vict.c. 52 s. 37.] Mutual credit and set-off. [ib.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 of trustee's title. [ib.s.43.] Description of property divisible among creditors [46 & 47 Vict.c. 52 s. 44.] Restriction of rights of execution creditor. [ib.s.45.] Duty of bailiff. [46 & 47 Vict.c. 52 s. 46.] Avoidance of voluntary settlements. [46 & 47 Vict.c.52 s.47] Avoidance of preference in certain cases. [ib.s. 48.] Protection of bona fide transactions without notice. [46 & 47 Vict.c. 52 s. 49.] Possession of property by trustee. [ib.s.50.] Seizure of property of bankrupt. [46 & 47 Vict.c. 52 s. 51.] form 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of officers. [ib.s.53.] Vesting and transfer of property. [46 & 47 Vict.c. 52 s. 54.] Disclaimer of onerous property. [ib.s.55.] [s. 48 contd.] [s. 48 contd.] Powers of trustee to deal with property. [46 & 47 Vict.c. 52 s. 56] Powers exercisable by trustee with permission of Committee of Inspection [ib.s.57.] Declaration and distribution of dividends. [46 & 47 Vict.c. 52 s. 58.] form 19; form 20; form 21. Joint and separate dividends. [46 & 47 Vict.c. 52 s. 59.] Provision for creditors residing at a distance, etc. [ib.s.60.] Right of creditor proving after dividend. [ib.s. 61.] Final dividend. [ib.s.62.] form 21. Barring of action for dividend. [46 & 47 Vict. C. 52 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 other therein. [46 & 47 Vict.c. 52 s. 78.] form 22. Fees and remuneration of Official Receiver and trustee. [ib.s.128.] 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. [46 & 47 Vict.c. 52 s. 109.] Case of two or more respondents. [ib.s.111.] Action by trustee and partner of bankrupt. [ib s. 113.] Action on joint contract. [ib.s.114.] Proceedings in partnership name. [ib.ss.115, 123.] Making of rules and forms. [46 & 47 Vict.c. 52 s. 127.] Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. [ib.s.125.] form 7. Form 9. Punishment of fraudulent debtors. [32 & 33 Vict.c. 62 s. 11.] [s. 82 contd.] [s. 82 contd.] [s. 82 contd.][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. Forms. Fees. Disposal of fees, etc., by Official Receiver.

https://oelawhk.lib.hku.hk/items/show/860

1912

v1

6

No. 7 of 1891

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