653980-1891-Ordinances-19-and-20-of-1891-assented-to — Page 3

976 THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.

[Comp. The Bankruptcy Acts, 1883 70

1890.1

No. 20 or 1891.

An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legislative Council thereof, to amend the Law relating to Bankruptcy.

LS

G. DIGBY BARKER,

Officer Administering the Government.

[31st October, 1891.]

Short title.

Bapeal.

Interpreta- tion.

BE it enacted by the Governor of thongkong, wher to

advice and consent of the Legislative Council thereof, as follows:~~

PART I.

Preliminary,

1. This Ordinance may be cited as The Bankruptcy Ordinance, 1891, and shall come into force from and im- mediately after the thirty-first day of December one thou- sand eight hundred and ninety-one.

2. The Bankruptcy Ordinance, 1864, and The Bank- ruptcy Amendment Qrdinance, 1867, are hereby repealed but such repeal shall not affect→

(a.) Anything done or suffered before the commence- ment of this Ordinance under the said repealed provisions or any of them.

(8.) Any right or privilege acquired or duty imposed or liability incurred under the said repealed provisions or any of them.

(c.) Any punishment to be incurred in respect of any offence committed or to be committed under the said repealed Ordinance.

And notwithstanding such repcal the proceedings under any bankruptcy pending at the commencement of this Ordinance shall continue as though this Ordinance had not passed.

3. In this Ordinance unless the context otherwise re- quires-

Available Act of Bankruptcy means any act of bankruptcy available for bankruptcy petition at the date of the presentation of the petition on which the receiving order is made.

Gazetted means published in the Gazette. Goods include all chattels personal.

Oath includes declaration in lieu of oath.

Ordinary Resolution means a resolution decided by a majority in value of the creditors present per- sonally or by proxy at a meeting of creditors and voting on the resolution.

Property includes money, goods, things in action, land and every description of property real or personal moveable or immoveable corporeal or incorporeal and whether situate in Hongkong or elsewhere, and any interest therein whether at law or in equity, present or future, vested or contingent, arising out of or incident to property as above defined.

Provable Debt includes any debt or liability provable

in bankruptcy under this Ordinance.

Registrar means the Registrar or either of the Deputy

Registrars of the Supreme Court.

Secured Creditor means a person holding a mortgage charge or lien on the property of the debtor or any part thereof as a security for a debt due to him from the debtor.