1890_BANKRUPTCY_AND_INSOLVENCY_ORDINANCE — Page 10

HK Historical Laws 香港歷史法例 All AI Reviewed

ORDINANCE No. 5 of 1864.

Bankruptcy and Insolvency.

the Court in the same manner as if a petition for adjudication had been filed by a creditor against such debtor under this Ordinance.

31. Any debtor, unable to meet his engagements, may petition for adjudication against himself, and such petition shall be supported by the oath of the petitioner and shall be filed of record and prosecuted in the Court; and the debtor, so petitioning, personally, and all his estate and effects real and personal, shall upon the filing of such petition be subject to the order and direction of the Court; and in the case of a petition for adjudication filed by such debtor, the computation of debts shall be reckoned, in the same manner as is provided under this Ordinance, in the case of a petition for adjudication filed by a creditor.

petition

589

Debtor may petition against himself.

Debtor to deliver to Court schedule of all his

32. Every such debtor shall, within three days or within such further time as the Court shall think reasonable, deliver in to the Court a schedule containing a full and fair description of such debtor, as to his goods, &c. name, trade, or profession, together with the last usual place of abode of such debtor, and the place or places where he has resided during the time when his debts were contracted: and also a full and true description of all debts due or growing due from such debtor, at the time of the filing his petition; and of all and any person and persons to whom such debtor shall be indebted, or who to his knowledge or belief shall claim to be his creditors, together with the nature and amount of such debts and claims respectively, distinguishing such as shall be admitted, from such as shall be disputed, by his debtor: and also a full, true and perfect account of all the estate and effects of such debtor, real and personal, in possession, reversion, remainder or expectancy: and also of such places of benefit or advantage held by such debtor, whether the emoluments of the same arise from fixed salaries, or from fees, or otherwise: and also of all pensions and allowances of the said debtor, in possession or reversion or held by any person or persons for or on behalf of the said debtor, or of, and from which the said debtor derives or may derive any manner of benefit or advantage: and also of any rights and powers of any nature and kind whatsoever which such debtor, or any person or persons in trust for such debtor, or for his use, benefit or advantage, in any manner whatsoever, shall be seized or possessed of, or interested in, or entitled unto, or which such debtor or any person or persons in trust for him or for his benefit or advantage shall have any power to dispose of, charge or exercise for the benefit of the said debtor: together with a full, true and perfect account of all the debts at the time of the filing of his petition due or

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ORDINANCE No. 5 of 1864. Bankruptcy and Insolvency. the Court in the same manner as if a petition for adjudication had been filed by a creditor against such debtor under this Ordinance. 31. Any debtor, unable to meet his engagements, may petition for adjudication against himself, and such petition shall be supported by the oath of the petitioner and shall be filed of record and prosecuted in the Court; and the debtor, so petitioning, personally, and all his estate and effects real and personal, shall upon the filing of such petition be subject to the order and direction of the Court; and in the case of a petition for adjudication filed by such debtor, the computation of debts shall be reckoned, in the same manner as is provided under this Ordinance, in the case of a petition for adjudication filed by a creditor. petition 589 Debtor may petition against himself. Debtor to deliver to Court schedule of all his 32. Every such debtor shall, within three days or within such further time as the Court shall think reasonable, deliver in to the Court a schedule containing a full and fair description of such debtor, as to his goods, &c. name, trade, or profession, together with the last usual place of abode of such debtor, and the place or places where he has resided during the time when his debts were contracted: and also a full and true description of all debts due or growing due from such debtor, at the time of the filing his petition; and of all and any person and persons to whom such debtor shall be indebted, or who to his knowledge or belief shall claim to be his creditors, together with the nature and amount of such debts and claims respectively, distinguishing such as shall be admitted, from such as shall be disputed, by his debtor: and also a full, true and perfect account of all the estate and effects of such debtor, real and personal, in possession, reversion, remainder or expectancy: and also of such places of benefit or advantage held by such debtor, whether the emoluments of the same arise from fixed salaries, or from fees, or otherwise: and also of all pensions and allowances of the said debtor, in possession or reversion or held by any person or persons for or on behalf of the said debtor, or of, and from which the said debtor derives or may derive any manner of benefit or advantage: and also of any rights and powers of any nature and kind whatsoever which such debtor, or any person or persons in trust for such debtor, or for his use, benefit or advantage, in any manner whatsoever, shall be seized or possessed of, or interested in, or entitled unto, or which such debtor or any person or persons in trust for him or for his benefit or advantage shall have any power to dispose of, charge or exercise for the benefit of the said debtor: together with a full, true and perfect account of all the debts at the time of the filing of his petition due or Page 10 Page 11
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ORDINANCE No. 5 or 1864. Bankruptcy and Insolvency. the Court in the same manner as if a petition for adjudication had been filed by a creditor against such debtor under this Ordinance. 31. Any debtor, unable to meet his engagements, may petition for adjudication against himself, and such petition shall be supported by the oath of the petitioner and shall be filed of record and prosecuted in the Court; and the debtor, so petitioning, personally, and all his estate and effects real and personal, shall upon the filing of such petition be subject to the order and direction of the Court; and in the case of a petition for adjudication filed by such debtor, the computation of debts shall be reckoned, in the same manner as is provided under this Ordinance, in the case of a petition for adjudication filed by a creditor. petition 589 Debtor may against him- self. Debtor to deliver to Court sched- ule of all his 32. Every such debtor shall, within three days or within such further time as the Court shall think reasonable, deliver in to the Court a schedule containing a full and fair description of such debtor, as to his goods, &c. name, trade, or profession, together with the last usual place of abode of such debtor, and the place or places where he has resided during the time when his debts were contracted: and also a full and true description of all debts due or growing due from such debtor, at the time of the filing his petition; and of all and any person and persons to whom such debtor shall be indebted, or who to his knowledge or belief shall claim to be his creditors, together with the nature and amount of such debts and claims respectively, distinguishing such as shall be admitted, from such as shall be disputed, by his debtor: and also a full, true and perfect account of all the estate and effects of such debtor, real and personal, in possession, reversion, remainder or expectancy: and also of such places of benefit or advantage held by such debtor, whether the emoluments of the same arise from fixed salaries, or from fees, or otherwise: and also of all pensions and allowances of the said debtor, in possession or reversion or held by other any person or persons for or on behalf of the said debtor, or of, and from which the said debtor derives or may derive any manner of benefit or advantage: and also of any rights and powers of any nature and kind whatsoever which such debtor, or any person or persons in trust for such debtor, or for his use, benefit or advantage, in any manner whatsoever, shall be seized or possessed of, or interested in, or entitled unto, or which such debtor or any person or persons in trust for him or for his benefit or advantage shall have any power to dispose of, charge or exercise for the benefit of the said debtor: together with a full, true and perfect account of all the debts at the time of the filing of his petition due or Page 10Page 11
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ORDINANCE No. 5 or 1864.

Bankruptcy and Insolvency.

the Court in the same manner as if a petition for adjudication had been filed by a creditor against such debtor under this Ordinance.

31. Any debtor, unable to meet his engagements, may petition for adjudication against himself, and such petition shall be supported by the oath of the petitioner and shall be filed of record and prosecuted in the Court; and the debtor, so petitioning, personally, and all his estate and effects real and personal, shall upon the filing of such petition be subject to the order and direction of the Court; and in the case of a petition for adjudication filed by such debtor, the computation of debts shall be reckoned, in the same manner as is provided under this Ordinance, in the case of a petition for adjudication filed by a creditor.

petition

589

Debtor may against him-

self.

Debtor to deliver to Court sched- ule of all his

32. Every such debtor shall, within three days or within such further time as the Court shall think reasonable, deliver in to the Court a schedule containing a full and fair description of such debtor, as to his goods, &c. name, trade, or profession, together with the last usual place of abode of such debtor, and the place or places where he has resided during the time when his debts were contracted: and also a full and true description of all debts due or growing due from such debtor, at the time of the filing his petition; and of all and any person and persons to whom such debtor shall be indebted, or who to his knowledge or belief shall claim to be his creditors, together with the nature and amount of such debts and claims respectively, distinguishing such as shall be admitted, from such as shall be disputed, by his debtor: and also a full, true and perfect account of all the estate and effects of such debtor, real and personal, in possession, reversion, remainder or expectancy: and also of such places of benefit or advantage held by such debtor, whether the emoluments of the same arise from fixed salaries, or from fees, or otherwise: and also of all pensions and allowances of the said debtor, in possession or reversion or held by

other

any person or persons for or on behalf of the said debtor, or of, and from which the said debtor derives or may derive any manner of benefit or advantage: and also of any rights and powers of any nature and kind whatsoever which such debtor, or any person or persons in trust for such debtor, or for his use, benefit or advantage, in any manner whatsoever, shall be seized or possessed of, or interested in, or entitled unto, or which such debtor or any person or persons in trust for him or for his benefit or advantage shall have any power to dispose of, charge or exercise for the benefit of the said debtor: together with a full, true and perfect account of all the debts at the time of the filing of his petition due or

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