1901_BANKRUPTCY_ORDINANCE__1891 — Page 31

HK Historical Laws 香港歷史法例 All AI Reviewed

"Final dividend.

c. 52 s. 62.

First Schedule: Form No. 21.

No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891

applied to the payment of any future dividend or dividends, but he shall not be entitled to disturb the distribution of any dividend declared before his debt was proved by reason that he has not participated therein.

55. When the Trustee has realized all the property of the bankrupt 46 & 47 Vict. Or so much thereof as can be realized without needlessly protracting the trusteeship, he shall declare a final dividend, which dividend shall be specified in The Gazette notice and in the notices to creditors, and any creditor who has not proved shall be excluded from such dividend unless he proves his debt before the dividend or any part thereof is paid. Provided that the Court may, on the application of any such creditor, postpone the payment of such dividend or part of it for such time as may be reasonably necessary for such creditor to establish his claim.

Barring of action for dividend. Ib. s. 63.

Employment of and allowance to bankrupt. 15. s. 64.

Right of bankrupt to surplus. Ib. s. 65.

56. No action for a dividend shall lie against a Trustee, but if the Trustee refuses to pay any dividend the Court may, if it thinks fit, order him to pay it, and also to pay out of his own money interest thereon for the time that it is withheld and the costs of the application.

57.—(1.) The Trustee, with the permission of the Committee of Inspection or of the Court, may appoint the bankrupt himself to superintend the management of the property of the bankrupt or any part thereof or to carry on the trade, if any, of the bankrupt for the benefit of his creditors, and in any other respect to aid in administering the property in such manner and on such terms as the Trustee may direct.

(2.) The Court, on the application of the Trustee, may, if it thinks fit, make an allowance out of the estate to the bankrupt for the support of himself and his family or in consideration of his services in assisting the Trustee.

58. The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges, and expenses of the proceedings under the bankruptcy petition.

Costs and remuneration. 10. ss. 72, 73.

PART III:

MATTERS INCIDENTAL TO TRUSTEE'S DUTIES

Costs and Charges.

59. (1.) All costs of or incident to proceedings in bankruptcy, shall, subject to the provisions of this Ordinance, be in the discretion of the Court.

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44 "Final dividend. c. 52 s. 62. First Schedule: Form No. 21. No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891 applied to the payment of any future dividend or dividends, but he shall not be entitled to disturb the distribution of any dividend declared before his debt was proved by reason that he has not participated therein. 55. When the Trustee has realized all the property of the bankrupt 46 & 47 Vict. Or so much thereof as can be realized without needlessly protracting the trusteeship, he shall declare a final dividend, which dividend shall be specified in The Gazette notice and in the notices to creditors, and any creditor who has not proved shall be excluded from such dividend unless he proves his debt before the dividend or any part thereof is paid. Provided that the Court may, on the application of any such creditor, postpone the payment of such dividend or part of it for such time as may be reasonably necessary for such creditor to establish his claim. Barring of action for dividend. Ib. s. 63. Employment of and allowance to bankrupt. 15. s. 64. Right of bankrupt to surplus. Ib. s. 65. 56. No action for a dividend shall lie against a Trustee, but if the Trustee refuses to pay any dividend the Court may, if it thinks fit, order him to pay it, and also to pay out of his own money interest thereon for the time that it is withheld and the costs of the application. 57.—(1.) The Trustee, with the permission of the Committee of Inspection or of the Court, may appoint the bankrupt himself to superintend the management of the property of the bankrupt or any part thereof or to carry on the trade, if any, of the bankrupt for the benefit of his creditors, and in any other respect to aid in administering the property in such manner and on such terms as the Trustee may direct. (2.) The Court, on the application of the Trustee, may, if it thinks fit, make an allowance out of the estate to the bankrupt for the support of himself and his family or in consideration of his services in assisting the Trustee. 58. The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges, and expenses of the proceedings under the bankruptcy petition. Costs and remuneration. 10. ss. 72, 73. PART III: MATTERS INCIDENTAL TO TRUSTEE'S DUTIES Costs and Charges. 59. (1.) All costs of or incident to proceedings in bankruptcy, shall, subject to the provisions of this Ordinance, be in the discretion of the Court.

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44 "Final dividend. c. 52 s. 62. First Schedule: Form No. 21. No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891 applied to the payment of any future dividend or dividends, but b shall not be entitled to disturb the distribution of any dividend declared before his debt was proved by reason that he has not participated therein. 55. When the Trustee has realized all the property of the bankrupt 46 & 47 Fict. Or so much thereof as can be realized without needlessly protracting the trusteeship, he shall declare a final dividend, which dividend shall be specified in The Gazette notice and in the notices to creditors, and any creditor who has not proved shall be excluded from such dividend unless he proves his debt before the dividend or any part thereof is paid Provided that the Court may, on the application of any such creditor postpone the payment of such dividend or part of it for such time as may be reasonably necessary for such creditor to establish his claim. Barring of action for dividend. Ib. s. 63. Employment of and allow- ance to bankrupt.. 15. 8. 64. Right of bankrupt to surplus. Ib. 8. 65. 56. No action for a dividend shall lie against a Trustee, but if the Trustee refuses to pay any dividend the Court may, if it thinks fit, order him to pay it, and also to pay out of his own money interest thereon for the time that it is withheld and the costs of the application. 57.—(1.) The Trustee, with the permission of the Committee Inspection or of the Court, may appoint the bankrupt himself to superintend the management of the property of the bankrupt or any part thereof or to carry on the trade, if any, of the bankrupt for the benefit of his creditors, and in any other respect to aid in administering the property in such manner and on such terms as the Trustee may direct. (2.) The Court, on the application of the Trustee, may, if it thinks fit, make an allowance out of the estate to the bankrupt for the support of himself and his family or in consideration of his services in assisting the Trustee. 58. The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges, and expenses of the proceedings under the bankruptcy petition. Costs and re muneration. 10. B8. 72, 73. PART III: MATTERS INCIDENTAL TO TRUSTEE'S DUTIES Costs and Charges. 59. (1.) All costs of or incident to proceedings in bankruptcy, shall, subject to the provisions of this Ordinance, be in the discretion of the Court.

2026-05-02 19:39:24 · Baseline

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"Final

dividend.

c. 52 s. 62.

First Schedule:

Form No. 21.

No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891 applied to the payment of any future dividend or dividends, but b shall not be entitled to disturb the distribution of any dividend declared before his debt was proved by reason that he has not participated therein.

55. When the Trustee has realized all the property of the bankrupt 46 & 47 Fict. Or so much thereof as can be realized without needlessly protracting the

trusteeship, he shall declare a final dividend, which dividend shall be specified in The Gazette notice and in the notices to creditors, and any creditor who has not proved shall be excluded from such dividend unless he proves his debt before the dividend or any part thereof is paid Provided that the Court may, on the application of any such creditor postpone the payment of such dividend or part of it for such time as may be reasonably necessary for such creditor to establish his claim.

Barring of action for dividend. Ib. s. 63.

Employment

of and allow- ance to bankrupt.. 15. 8. 64.

Right of bankrupt to surplus. Ib. 8. 65.

57.—(1.) The Trustee, with the permission of the Committee Inspection or of the Court, may appoint the bankrupt himself to superintend the management of the property of the bankrupt or any part thereof or to carry on the trade, if any, of the bankrupt for the benefit of his creditors, and in any other respect to aid in administering the property in such manner and on such terms as the Trustee may direct.

Costs and re muneration. 10. B8. 72, 73.