397

(3) Where any part of the property of the bankrupt 4 & 5 Geo. 5, consists of stock, shares in ships, shares, or any other c. 59, property transferable in the books of any company,

s.. 48 (3). 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 be- come bankrupt.

(4) Where any part of the property of the bankrupt 4 & 5 Geo. 5, consists of things in action, such things shall be c. 59, deemed to have been duly assigned to the trustee. 8 48 (5).

(5) Subject to the provisions of this Ordinance with 4 & 5 Geo. 5, respect to property acquired by a bankrupt after c. 59,

8. 48 (6). adjudication, any treasurer or other officer, or any banker, attorney, clerk, servant, compradore, em- ployer, or agent, of a bankrupt, shall pay and deliver to the trustee all money 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 application of the trustee.

51. Any person acting under warrant of the court Seizure of may seize any part of the property of a bankrupt, or property of

bankrupt. of a debtor against whom a receiving order has been

4 & 5 Geo. 5, made, in the custody or possession of the bankrupt c. 59, s. 49 or the debtor, or of any other person, and with a view to such seizure may break open any house, building, or room of the bankrupt or the debtor, where the bankrupt or the debtor is supposed to be, or any building or receptacle of the bankrupt or the debtor where any of his property is supposed to be; and where the court is satisfied that there is reason to̟ believe that property of a bankrupt, or of a debtor against whom a receiving order has been made, 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 according to its tenor.

of the

55. Where the bankrupt is possessed of any pro- Sale of perty out of the Colony, the trustee shall require property out him to join in selling the same for the benefit of the Colony. creditors and to sign all necessary authorities, powers, Ordinance deeds, and documents for the purpose, and if and No. 7 of so often as the bankrupt refuses to do so he may be 1891, s. 45. punished for a contempt of court.

pay, etc., to

56.-(1) Where a bankrupt is an officer of the navy Appropria or army, or an officer or clerk or otherwise employed tion of or engaged in the Civil Service of the Crown, or portion of where a bankrupt is in receipt of any pay or pension creditors. from the Government of Hong Kong, or is entitled 4 & 5 Geo. 5, to any allowance or compensation granted by the c. 59, s. 51

(1). Government of Hong Kong, the trustee shall receive for distribution among the creditors so much of the bankrupt's pay, salary, pension, allowance or com- pensation as the court, with the consent of the Governor, on the application of the trustee, may direct.

(2) Where a bankrupt is in receipt of a salary or 4 & 5 Geo. 5, income other than as aforesaid, the court, on the c. 59, s. 51 application of the trustee, may from time to time (2). make such order as it thinks just for the payment of the salary, or income, or of any part thereof, to the trustee, to be applied by him in such manner as the court may direct.

(3) Nothing in this section shall take away or 4 & 5 Geo. 5, abridge any power to dismiss a bankrupt, or to declare c. 59, s. 51 the pay, pension, allowance, compensation, salary or (3). income of any bankrupt to be forfeited.

Share This Page