THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.
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76. Where a member of a partnership is adjudged bank- rupt the Court may authorise the Trustee to commence and prosecute any action in the names of the Trustee and of the bankrupt's partner and any release by such partner of the debt or demand to which such action relates shall be void but notice of the application to commence the action shall be given to him and he may show cause against it and on his application the Court may if it thinks fit direct that he shall receive his proper share of the proceeds of the action and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof in such manner as the Court may direct.
77. Where a bankrupt is a contractor in respect of any contract jointly with any person or persons such person or persons may sue or be sued in respect of the contract with- out the joinder of the bankrupt.
78. (1.) Any two or more persons being partners or any person carrying on business under a partnership name may take proceedings or be proceeded against under this Ordinance in the name of the firm and in such case all nominal and dormant partuers shall be included in the adju- dication and all their joint estate and the separate estate of each of them shall vest in the Trustee. Provided that a receiving order shall not be made against a corporation or against a registered joint-stock company.
(2.) The Court on application by any person interested in any bankruptcy proceedings by or against a partnership may order the names of the persons who are partners in such firm to be disclosed in such manner and verified on oath or otherwise the Court may direct and in case of dis- pute the Court shall settle who are the partners in any firm liable to adjudication and for this purpose may order such notices to be given or such enquiries made or issues tried as it may deem just and necessary.
79. The Chief Justice may from time to time make revoke and alter general rules and forms for carrying into effect the objects of this Ordinance.
PART VI.
SUPPLEMENTAL PROVISIONS.
Unclaimed Funds or Dividends.
80. (1.) When a Trustee appointed under this Ordi- nance shall have under his control any unclaimed dividend which has remained unclaimed for more than six months or when after making a final dividend such Trustee shall have in his hands or under his control any unclaimed or undis- tributed money arising from the property of the debtor he shall forthwith pay the same to the Registrar of the Su- preme Court who shall carry the same to an account to be termed "The Bankruptcy Estates Account" to be kept at a bank appointed for the purpose. The Registrar's receipt for the money so paid shall be a sufficient discharge to the Trustee in respect thereof.
(2.) A Trustee as aforesaid whether he has obtained his release or not may be called upon by the Court to account for any unclaimed funds or dividends and any failure to comply with the requisitions of the Court in this behalf may he dealt with as a contempt of Court.
(3.) Any person claiming to be entitled to any moneys paid into the Bankruptcy Estates Account may within five years of the date when the same was so paid in apply to the Registrar for payment to him of the same and the Registrar if satisfied that the person claiming is entitled shall make an order for the payment to such person of the sum due. Any person dissatisfied with the decision of the Registrar may appeal to the Court.
(4.) After any money shall have remained unclaimed in the Bankruptcy Estates Account for a period of five years the Registrar shall pay the same over to the Colonial Treasurer for the use of the Crown and all claims thereon shall be thenceforth barred.
Administration of Estates according to the Law of Bankruptcy.
81. (1.) A creditor of a deceased debtor whose estate is shown to be insufficient for the payment of the debts owing by the deceased persou may present a petition to the Court praying for the administration of the estate of the deceased person according to the bankruptcy law and the Court if satisfied that the estate is insufficient for the payment of the debts of the deceased person shall make au order accordingly (Form No. 9 of Schedule A).
Action by Trustee and partner of Bankrupt.
Actions in joint con- tracts.
Proceedings in partnership
name
Power to make rules.
Bankruptcy Estates Aceonut
Disposal of unclaimed funds and dividentis.
Application for unclaimed dividends.
Transfer to Treasury.
Administra tion according to the bank- ruptcy law.
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