1180 THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1890.
Effect of order of Miacherge.
Avnuiting Adjudication.
Trustee the Official Receiver and any creditor. At the hearing the Court may put such questions to the debtor and receive such evidence as it may think fit.
(6.) The Court may as one of the conditions referred to in this section allow judgment to be entered against the bankrupt by the Trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the date of the discharge but in such case excention shall not be issued on the judgment without leave of the Court which leave may be given on proof that the bankrupt has since his discharge acquired property or income available for payment of his debts.
(7.) A discharged bankrupt shall notwithstanding his discharge give such assistance as the Trustee may require in the realisation and distribution of such of his property as is vested in the Trustee and if he fails to do so he shall be guilty of a contempt of Court and the Court may also if it thinks fit revoke his discharge but without prejudice to the validity of any sale disposition or payment duly made or thing duly done subsequent to the discharge but before its
revocation.
28. (1.) An order of discharge shall not release the bankrupt from any debt on a recognisance or bail-bond to the Crown or to a public officer as such nor from any debt with which the bankrupt may be chargeable at the suit of any public officer on behalf of the Crown and he shall not be discharged from such excepted debts unless the Colonial Treasurer certify in writing his consent to his being dis- charged therefrom. An order of discharge shall not release the bankrupt from any debt or liability incurred by means of any frand or fraudulent breach of trust to which he was a party or from any debt or liability whereof he has ob- tained forbearance by any fraud to which he was a party.
(2.) Au order of discharge shall release the bankrupt from all other debts provablo in bankruptcy.
(3.) An order of discharge shall not release any person who at the date of the receiving order was a partner or co- trustee with the bankrupt or was jointly bound or had made any joint contract with him or any person who was surety or in the nature of a surety for him.
29. (1.) Where in the opinion of the Court a debtor ought not to have been adjudged bankrupt or where it is proved to the satisfaction of the Court that the debts of the bankrupt are paid in full or fully secured to the satisfaction of the Court, the Court may upon the application of any person interested by order annul the adjudication and notice of such order shall be forthwith gazetted.
(2.) Where an adjudication is annulled all sales and dispositions of property and payments duly made and acts heretofore done by the Official Receiver Trustee manager or other person acting under their authority or by the Court shall be valid. but the property of the debtor who was adjudged bankrupt shall vest in such person as the Court may appoint or in default of any such appointment revert to the debtor for all his estate or interest theroin on such terms and subject to such conditions, if any, as the Court may by order, declare.
PART III.
Administration of Property.
30. (1.) A debt may be proved immediately after the making of a receiving order by delivering or sending through the post to the Official Receiver or to the Trustee au affi- davit (which may be in the Form No. 15 of the 'Schedule) verifying the debt made by the creditor or by some person on his behalf having knowledge of the necessary facts..
(2.) The affidavit shall state whether the creditor is or is not a secured creditor.
(3.) If a secured creditor realises his security he may prove for the balance due to him after deducting the net amount realised.
(4.) If a sccured creditor surrenders his security for the benefit of the creditors he may prove for his whole debt.
(5.) If a secured creditor neither realises nor surrenders his security he may in his proof set a value on it and prove for the balance but when it is so valued the Trustee may at any time before it is realised redeem it for the benefit of the estate on payment of the amount of the valuation or the Court on the application of the Trusted may order the realisation of the security by sale by public auction or otherwise. Provided that the creditor may at any time by notice in writing require the Official Assignee to
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