182909-1931-Supplementary-Bills-read-a-first-time--Bankruptcy — Page 24

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(2) An order of discharge shall release the bank- 4 & 5 Goo. 5, rupt from all other debts provable in bankruptcy.

c. 59, s. 28 (2).

(3) An order of discharge shall be conclusive 4 & 5 Geo. 5, evidence of the bankruptcy, and of the validity of the c. 59, proceedings therein, and in any proceedings that may 5. 28 (3). be instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by the order, the bankrupt may plead that the cause of action occurred before his discharge.

(4) An order of discharge shall not release any per- 4 & 5 Geo. 5, son who at the date of the receiving order was a c. 59, partner or co-trustee with the bankrupt, or was jointly s 28 (4). bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him.

33.--(1) Where in the opinion of the court a Power for debtor ought not to have been adjudged bankrupt, or court to where the court is satisfied that the assets for division annul ad-

In certain

among the unsecured creditors after payment of all judication costs, charges and expenses and the debts which are cases. preferential under this Ordinance are not and will 4 & 5 Geo. 5, not be sufficient to pay a dividend of fifteen per cent, 59, or where it is proved to the satisfaction of the court. 29 (1). that the debts of the bankrupt are paid in full, the court may, on the application of any person interest-

ed, by order annul the adjudication.

(2) Where an adjudication is annulled under this 4 & 5 Geo. 5, section, all sales and dispositions of property and c. 59, payments duly made, and all acts theretofore" done, s. 29 (2). by the Official Receiver, trustee, or other person acting under their authority, or by the court, shall be valid, but the property of the debtor who was ad- judged bankrupt shall vest in such person as the court may appoint, or, in default of any such appoint- ment, revert to the debtor for all his estate or interest therein on such terns and subject to such conditions,. if any, as the court may declare by order.

(3) Notice of the order annulling an adjudication 4 & 5 Geo. 5, shall be forthwith gazetted, and shall be advertised 59, in at least two local newspapers, one of which shall §. 29 (3).

be Chinese, or as may be prescribed.

(4) For the purposes of this section, any debt dis- 4 & 5 Geo. 5, puted by a debtor shall be considered as paid in full. 59, if the debtor enters into a bond, in such sum and'

s. 29 (4). with such sureties as the court approves, to pay the amount to be recovered in any proceeding for the recovery of or concerning the debt, with costs, and any debt due to a creditor who cannot be found or cannot be identified shall be considered as paid in full if paid into court.

PART III.

ADMINISTRATION OF PROPERTY,

Proof of Debts.

34.-(1) Demands in the nature of unliquidated Description damages arising otherwise than by reason of a con- of debts tract, promise, or breach of trust shall not be provable provable in in bankruptcy.

bankruptcy. 4 & 5 Geo. 5, c. 59, s. 30 (1).

(2) A person having notice of any act of bankruptcy 4 & 5 Geo. 5, available against the debtor shall not prove under the c. 59, order for any debt or liability contracted by the debtor 5. 30 (2). subsequently to the date of his so having notice.

(3) Save as aforesaid, all debts and liabilities, pre- 4 & 5 Geo. 5, sent or future, certain or contingent, to which the c. 59,

s. 30 (3). debtor is subject at the date of the receiving order, or

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