THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1890.
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. Such warrant may be in the Form No. 25 of Schedule A.
45. Where the bankrupt is possessed of real or personal estate out of the Holony the Trustee shall require him to join in selling it for the benefit of the creditors and to sign all necessary authorities powers deeds and documents for the purpose and when and so often as the bankrupt may refuse to do so he may be punished for a contempt of Court. 46. When a bankrupt is an officer of the Army or Navy or an officer or clerk or otherwise employed or engaged in the Civil Service of the Government the Trustee shall receive for distribution amongst the creditors so much of the bankrupt's pay or salary as the Court on the applica- tion 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 Re- ceiver shall be Trustee for the purposes of this act and immediately on a debtor being adjudged bankrupt the pro- perty of the bankrupt shall vest in the Trustee.
(2.) On the appointment of a Trustee the property shall forthwith pass to and vest in the Trustee appointed.
(3.) The property of the bankrupt shall pass from Trustee to Trustee including under that term the Official Receiver when he fills the office of Trustee and shall vest in the Trustee for the time being during his continuance in office without any conveyance assignment or transfer whatever.
48. (1.) When any part of the property of the bankrupt consists of land of any tenure burdened with onerous cove- nants, or liabilities of shares or stock in companies of un- profitable contracts or of any other property that is un- saleable 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 notwith- standing that he has endeavoured to sell or has taken possession of the property or exercised any act of ownership in relation hereto but subject to the provisions of this section may by writing signed by him at any time within six months after the appointment of a trustee disclaim the pro- perty. Provided that when any such property shall not have come to the knowledge of the Trustee within three months after such appointment he may disclaim such pro- perty at any time within three months after he first became aware thereof.
(2.) The disclaimer shall operate to determine as from the date of disclaimer the rights interests and liabilities of the bankrupt and his property in or in respect of the pro- perty disclaimed and shall also discharge the Trustee from all personal liability in respect of the property disclaimed as from the date when the property vested in him but shall not except so far as is 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 thinks 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 property requiring him to decide whether he will disclaim or not and the Trustee has for a period of twenty-eight days after the receipt of the applica- tion or such extended period as may be allowed by the Court declined or neglected to give notice whether he disclaims the property or not and in the case of a contract if the Trustee after such application as aforesaid does not within the said period or extended period disclaim the contract he shall be deemed to have adopted it.
(5.) The Court may on the application of any person who is as against the Trustee entitled to the benefit or subject to the burden of a contract made with the bankrupt make an order rescinding the contract on such terms as to payment by or to either party of damages for the non- performance of the contract or otherwise as to the Court may seem equitable and any damages payable under the order to any such person may be proved by him as a debt under the bankruptcy.
Estate out of the Colony.
Salary of Government officers.
Vesting and transfer of property,
Disclaimer of unsaleable property.
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