1901_BANKRUPTCY_ORDINANCE__1891 — Page 22

HK Historical Laws 香港歷史法例 All AI Reviewed

AD. 1891.]

BANKRUPTCY.

[No. 7.

35

the rate of eight dollars per centum per annum on all debts proved in the bankruptcy.

35. The landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of the Distraint for Rent Ordinance, 1883, at any time either before or after the commencement of the bankruptcy, distrain upon the goods and chattels of the bankrupt for the rent due: Provided that if such distress is levied after the commencement of the bankruptcy, it shall be available only for six months' rent accrued due prior to the date of the order of adjudication, but the landlord or other person to whom the rent may be due may prove under the bankruptcy for the surplus due for which the distress may not have been available.

Property available for Payment of Debts.

Distress for rent.

46 & 47 Vict., c. 52 s. 42.

No. 1 of 1883.

Relation back of Trustee's

36. The bankruptcy of a debtor shall be deemed to have relation back to and to commence at the time of the act of bankruptcy being committed on which the receiving order was made, or, if the bankrupt proved to have committed more acts of bankruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within four months next preceding the presentation of the bankruptcy petition; but no bankruptcy petition, receiving order, or adjudication shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor.

37. The property of the bankrupt divisible among his creditors (in this Ordinance referred to as the property of the bankrupt) shall not comprise the following particulars:-----

(1) property held by the bankrupt on trust for any other person;

(2) the tools, if any, of the bankrupt's trade and the necessary wearing apparel and bedding of himself and his family dependent on and residing with him, to a value, inclusive of tools, apparel, and bedding, not exceeding in the whole one hundred dollars; but it shall comprise the following particulars:

all such property as may belong to or be vested in the bankrupt at the commencement of the bankruptcy or may be acquired by or devolve on him before his discharge;

the capacity to exercise, and to take proceedings for exercising, such powers in, over, or in respect of property as might have been exercised by the bankrupt for his own benefit at the commencement of his bankruptcy or before his discharge; and

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AD. 1891.] BANKRUPTCY. [No. 7. 35 the rate of eight dollars per centum per annum on all debts proved in the bankruptcy. 35. The landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of the Distraint for Rent Ordinance, 1883, at any time either before or after the commencement of the bankruptcy, distrain upon the goods and chattels of the bankrupt for the rent due: Provided that if such distress is levied after the commencement of the bankruptcy, it shall be available only for six months' rent accrued due prior to the date of the order of adjudication, but the landlord or other person to whom the rent may be due may prove under the bankruptcy for the surplus due for which the distress may not have been available. Property available for Payment of Debts. Distress for rent. 46 & 47 Vict., c. 52 s. 42. No. 1 of 1883. Relation back of Trustee's 36. The bankruptcy of a debtor shall be deemed to have relation back to and to commence at the time of the act of bankruptcy being committed on which the receiving order was made, or, if the bankrupt proved to have committed more acts of bankruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within four months next preceding the presentation of the bankruptcy petition; but no bankruptcy petition, receiving order, or adjudication shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor. 37. The property of the bankrupt divisible among his creditors (in this Ordinance referred to as the property of the bankrupt) shall not comprise the following particulars:----- (1) property held by the bankrupt on trust for any other person; (2) the tools, if any, of the bankrupt's trade and the necessary wearing apparel and bedding of himself and his family dependent on and residing with him, to a value, inclusive of tools, apparel, and bedding, not exceeding in the whole one hundred dollars; but it shall comprise the following particulars: all such property as may belong to or be vested in the bankrupt at the commencement of the bankruptcy or may be acquired by or devolve on him before his discharge; the capacity to exercise, and to take proceedings for exercising, such powers in, over, or in respect of property as might have been exercised by the bankrupt for his own benefit at the commencement of his bankruptcy or before his discharge; and
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AD. 1891.] BANKRUPTCY. [No. 7. 35 the rate of eight dollars per centum per annum on all debts proved in the bankruptcy. 35. The landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of the Distraint for Rent Or- dinance, 1883, at any time either before or after the commencement of the bankruptcy, distrain upon the goods and chattels of the bankrupt for the rent due: Provided that if such distress is levied after the commencement of the bankruptcy, it shall be available only for six months' rent accrued due prior to the date of the order of adjudication, but the landlord or other person to whom the rent may be due may prove under the bankruptcy for the surplus due for which the distress may not have been available. Property available for Payment of Debts. Distress for rent. 46 & 47 Vict, c. 52 s. 42. No. 1 of 1883. of Trustee's 86. The bankruptcy of a debtor shall be deemed to have relation Relation back back to and to commence at the time of the act of bankruptcy being of committed on which the receiving order was made, or, if the bankrupt. 7. 8. 43. proved to have committed more acts of bankruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within four ths next preceding the presentation of the bankruptcy petition; but no bankruptcy petition, receiving order, or adjudication shall be ren- dered invalid by reason of any act of bankruptcy anterior to the debt the petitioning creditor. 37. The property of the bankrupt divisible among his creditors (in Description thin Ordinance referred to as the property of the bankrupt) shall not divisible of property comprise the following particulars:----- (1)property held by the bankrupt on trust for any other person; 16. s. 44. (2) the tools, if any, of the bankrupt's trade and the necessary wearing apparel and bedding of himself and his family dependent on and residing with him, to a value, inclusive of tools, apparel, and bedding, not exceeding in the whole one hundred dollars; but it shall comprise the following particulars : all such property as may belong to or be vested in the bankrupt at the commencement of the bankruptcy or may be acquired by or devolve on him before his discharge the capacity to exercise, and to take proceedings for exercising, uch powers in, over, or in respect of property as might have een exercised by the bankrupt for his own benefit at the ommencement of his bankruptcy or before his discharge; and ЗА among creditors.
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AD. 1891.]

BANKRUPTCY.

[No. 7.

35

the rate of eight dollars per centum per annum on all debts proved in the bankruptcy.

35. The landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of the Distraint for Rent Or- dinance, 1883, at any time either before or after the commencement of the bankruptcy, distrain upon the goods and chattels of the bankrupt for the rent due: Provided that if such distress is levied after the commencement of the bankruptcy, it shall be available only for six months' rent accrued due prior to the date of the order of adjudication, but the landlord or other person to whom the rent may be due may prove under the bankruptcy for the surplus due for which the distress may not have been available.

Property available for Payment of Debts.

Distress for rent.

46 & 47 Vict,

c. 52 s. 42.

No. 1 of 1883.

of Trustee's

86. The bankruptcy of a debtor shall be deemed to have relation Relation back back to and to commence at the time of the act of bankruptcy being of committed on which the receiving order was made, or, if the bankrupt. 7. 8. 43.

proved to have committed more acts of bankruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within four

ths next preceding the presentation of the bankruptcy petition; but no bankruptcy petition, receiving order, or adjudication shall be ren- dered invalid by reason of any act of bankruptcy anterior to the debt

the petitioning creditor.

37. The property of the bankrupt divisible among his creditors (in Description thin Ordinance referred to as the property of the bankrupt) shall not divisible

of property comprise the following particulars:-----

(1)property held by the bankrupt on trust for any other person; 16. s. 44.

(2) the tools, if any, of the bankrupt's trade and the necessary wearing apparel and bedding of himself and his family dependent on and residing with him, to a value, inclusive of tools, apparel, and bedding, not exceeding in the whole one hundred dollars; but it shall comprise the following particulars :

all such property as may belong to or be vested in the bankrupt at the commencement of the bankruptcy or may be acquired by or devolve on him before his discharge

the capacity to exercise, and to take proceedings for exercising, uch powers in, over, or in respect of property as might have een exercised by the bankrupt for his own benefit at the ommencement of his bankruptcy or before his discharge; and

ЗА

among creditors.

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