Under The Bankruptcy Ordinance, 1864, the Court itself (that is to say, the Judge sitting in k ruptcy) had
power in the Bankruptcy proceedings to deal summarily with a Bankrupt by punisher with imprisonment for a term not exceeding one year, if certain facts were proved to the satisfacon of the Judge.
The facts required to be proved by the old Ordinance are almost identical with the facts mentioned in section 27 (4) (a) to (ƒ) as amended, and your Committee think that this power to deal summarily with a Bankrupt should be at least retained in respect of the facts therein mentioned which are similar to the facts in the Ordinance of 1864 and have accordingly inserted a proviso 27 (5) with this object which is to be in addition to the power to refuse or suspend the order of discharge.
35
(7) In section 34 sub-section (b) an alteration from $250 to $300 has been made to make the amount correspond with the amount of £50 mentioned in the Imperial Act of 1883. (8) In section 35 relating to distress for rent the period of “one year' has been altered to "six months" in accordance with what was suggested on the second reading of the Bill and the alteration made in the Imperial Act of 1883 by the Imperial Act of 1890. (9) The changes effected in sections 38 and 39 are purely technical and are rendered necessary by the difference between the mode of executing decrees and orders in England and the mode prescribed by the Code of Civil Procedure in this Colony. (10) In sections 42 and 65 sub-sections have been added which are contained in the English Acts but were omitted in the original Bill and which your Committee think should be inserted.
(11) In section 82 sub-section 5 which provides that in case a Bankrupt's estate shall not yield 50 per cent, on the unsecured debts unless the jury is satisfied that the insolvency arose from misfortune and not extravagance, speculation, &c, the Bankrupt is to be deemed guilty of a misdemeanour and punishable accordingly the amount has been reduced to 25 % which your Committee think sufficient having regard to the power to suspend or refuse the order of discharge where 50 % is not paid.
12) Section 84 is new and is incorporated so as to place the law on the same footing with
the English Acts which contain a corresponding repeal.
(13) In Schedule B a slight increase in the scale of fees has been made on the suggestion of
the Acting Registrar of the Court.
6. Your Committee has also made various alterations in language and corrections of obvious errors to which they do not think it necessary to draw particular attention.
Dated the 8th October, 1891.
ANDREW J. LEACH,
Acting Attorney General,
W. MEIGH GOODMAN,
Acting Colonial Secretary.
J. H. STEWART LOCKHART,
Registrar General,
HO KAL
Certificate of Chairman.
J. J. KESWICK.
I hereby certify that the Bankruptcy Bill above mentioned has been considered, clause by clause, in the presence of all of the members whose signatures are anexed to this Report and who constitute the Law Committee of the Legislative Council and that in the opinion of such Committee such bill may be dealt with by the Council in the same manner as a bill reported on by the Committee of the whole Council.
ANDREW J. LEACH,
Acting Attorney General,
Chairman,
(
BL (1211)-16857-6000-7-91
Governor, No.
Barker 368.
1891-
Date.
Nov: 14-
Last previous Paper.
3321
Patty
Nong Kong.
C. O.
24485
No.24485 REC
(Subject.)
Rea? 21 DEC 31
DESPATCH.
534
Fire Brigade for 1899
Pleport on the Fire
Forwards + 6 Cofres (-ghare).
Mr. Mende
(Minutes.)
The acting superintendent theaks will of
In litility of time Inquenti»!
Putly, รา
23 12 91
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9323/2
8th October, 1891.
Nexsubsequent Paper
3937
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