653980-1891-Ordinances-19-and-20-of-1891-assented-to — Page 23

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THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.

Official name.

Removal.

Directions.

Appeal to the Court.

Disobedience Lo order.

The Supreme Court.

Powers of Registrar.

Appeal.

Consolidation of petitions.

Death of debtor.

Stay of proceedings.

Two or more respondents.

Official Name.

68. 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.

67. (1.) If the Court is of opinion that a Trustee is guilty of misconduct or neglect or if the Trustee is insolv- eut or if the Court is satisfied that the interests of the creditors requires it the Court may remove the Trustee from office and appoint some other person in his place.

(2.) During any vacancy in the office of Trustee the Official Receiver shall act as Trustee.

63. (1.) The Trustee may from time to time summon general meetings of the creditors for the purpose of ascer taining their wishes and the directions given at any such general meeting shall subject to the provisions of this Or- dinance be followed as far as possible notwithstanding that they conflict with the directions of the Committee of Inspection.

(2.) The Trustee may apply to the Court for directions in relation to any particular matter arising under the bank- ruptcy.

69. If the bankrupt or any of the creditors 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 thinks just. Any such appeal shall be brought within 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 a Trustee debtor or other person in obeying any order or direction made or given by the Court the Court may make an immediate order for the committal 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 in substitution for any other right remedy or liability in respect of such default.

PART V

Procedure.

71. (1.) The Supreme Court shall deal with bankruptcy petitions and the rules of the Supreme Court for the time being for regulating Civil Procedure of the Supreme Court shall so far as the same may be applicable and not incon- sistent with the provisions of this Ordinance be applied to bankruptcy proceedings and every order of the Court madé in connection with bankruptcy proceedings may be enforced in the same way as a judgment of the Court made in respect of any civil proceedings may now or at any time hereafter 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 pre- sented against the same debtor or against joint debtors the Court may consolidate the proceedings on such terms as the Court thinks fit.

3. If a debtor by or against whom a bankruptcy peti tion 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 just.

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.