657022-1890-Bill-Bankruptey-Ordinance — Page 21

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THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1890.

Consolidation

of petitions.

Death of debtor.

Stay of proceedings.

Two or more respondents.

Action by Trustee and partner of

bankrupt.

Actions in joint con- tracts.

Bankruptcy Estates Account.

Disposal of unclaimed funds and dividends.

Registrar.

(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.

73. 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.

76. Where a member of a partnership is adjudged Lank- 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 partuer 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 ccntractor 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.

778. (1) Any two or more persons being partners or any person carrying on business under a partuership name may take proceedings or be procceded against under this Ordinance in the name of the firm and in such case all nominal and dormant partners shall be included in the adju- dication and all their joint estate and the separate estate of cach of them shall vest in the Assignee. 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 fum 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 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 be dealt with as a contempt of Court.