ORDINANCE No. 5 of 1864,
Bankruptcy and Insolvency.
609
assignees and creditors, or between parties claiming under trust deeds.
Any of such persons, or between any persons claiming under a trust deed or deed of arrangement, relating to any bankrupt's or debtor's estate, or to any money or property claimed as part of the estate of any bankrupt or debtor, either party may apply to the Court, and the Court may determine the same, and may summon and examine upon oath the Official or Creditors' Assignee, trustee, or any other person whomsoever as to any matters and things concerning the bankruptcy or trust estate, and may direct such enquiries, and give such directions, and make such orders relative thereto, as it shall see fit; and may award costs personally or in any other manner against the Official or Creditors' Assignee, trustee, or any other person.
Provided that in all cases in which a resolution has been come to by a majority in number and value of the creditors assembled in a meeting, regard shall be had by the Court to such resolution, and the same shall not be set aside by the Court unless such resolution shall, in the opinion of the Court, be unjust or inequitable and not fit to be binding and conclusive under this Ordinance.
Power of the Court over certain descriptions of property.
Goods in the possession, order, or disposition of the bankrupt to be deemed his property.
97. If any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court may order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy; Provided that nothing herein contained shall invalidate or affect any transfer or assignment of, or for any debt, any ship or vessel, or any share thereof, made as a security for debts, either by way of mortgage or assignment, duly registered according to the provisions of any Act of the Imperial Parliament now or hereafter in force relating to the registering of British vessels.
98. If any bankrupt, being at the time insolvent, shall (except upon the marriage of any of his children or for some valuable consideration) have conveyed, assigned, or transferred to any person any hereditaments, offices, fees, annuities, leases, goods, or chattels, or have delivered or made over to any person any bills, bonds, notes, or other securities, or have transferred his debts to any other person or into any other person's name, the Court may order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy, and every such sale shall be valid against the bankrupt and such persons and all persons claiming under him.
Proviso for assignments of vessels.
Power of Court over certain conveyances, &c., made by bankrupt.
Page 30
Page 31
ORDINANCE No. 5 or 1864,
Bankruptcy and Insolvency.
609
assignees and creditors, or between parties claim- ing under trust deeds.
any of such
persons, or between any persons claiming under a trust deed, between deed of arrangement, relating to any bankrupts or debtor's estate, or to any money or property claimed as part of the estate of any bankrupt or debtor, either party may apply to the Court, and the Court may deter- inine the same, and may summon and examine upon oath, the Official or Creditors' Assignee, trustee or any other person whomsoever as to any matters and things concerning the bankruptcy or trust estate, and may direct such enquiries, and give such directions, and make such orders relative thereto, as it shall see fit: and may award costs personally or in any other manner against the Official or Creditors' Assignee, trustee or any other
Provided that in all cases in which a resolution has been come to by a majority in number and value of the creditors assem- bled in a meeting, regard shall be had by the Court to such resolution, and the same shall not be set aside by the Court unless such resolution shall in the opinion of the Court be unjust or inequitable and not fit to be binding and conclusive under this Ordinance.
person:
Power of the Court over certain descriptions of property.
Goods in the possession,
position of the bankrupt to be deemed his property.
97. If any bankrupt at the time he becomes bankrupt shall, by the consent and permission of the true owner thereof, have in his possession order, or dis- order or disposition, any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration or disposition owner, the Court may order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy: Provided that nothing herein contained shall invalidate or affect any transfer or assignment of for any debt any ship or vessels, or any share thereof, made as a security or debts either by way of mortgage or assignment, duly registered accord- ing to the provisions of any Act of the Imperial Parliament now or here- after in force relating to the registering of British vessels.
98. If any bankrupt being at the time insolvent, shall (except upon the marriage of any of his children or for some valuable consideration) have conveyed, assigned, or transferred to any person any hereditaments, offices fees, annuities, leases, goods, or chattels, or have delivered or made over to any person any bills, bonds, notes, or other securities or have transferred his debts to any other person or into any
other person's name, the Court may order the same to be sold and disposed of for the benefit
of
the creditors under the bankruptcy, and every such sale shall be valid against the bankrupt and such persons and all persons claiming under him.
Proviso for of vessels.
assignments
Power of Court over certain..... conveyances, &c., made by bankrupt.
Page 30Page 31
No comments yet.
Private notes are available after approval.