1912_BANKRUPTCY_ORDINANCE__1891 — Page 26

HK Historical Laws 香港歷史法例 All AI Reviewed

BANKRUPTCY.

No. 7 of 1891.

631

1 : bankruptcy petition by or against the debtor or of the commission of any available act of bankruptcy by the debtor.

(2) For the purposes of this Ordinance, an execution shall be deemed to be completed—

(a) in the case of goods, chattels, or other movable property in the possession of the debtor or of negotiable instruments, by seizure and sale;

(b) in the case of goods, chattels, or other movable property to which the debtor is entitled subject to a lien or right of some person to the immediate possession thereof, by attachment by prohibitory order and sale;

(c) in the case of lands, houses, or other immovable property or any interest therein, either at law or in equity, by attachment by prohibitory order and due registration thereof in the Land Office;

(d) in the case of an attachment of a debt not being a negotiable instrument, by receipt of the debt;

(e) in the case of shares in any public company or corporation, by attachment by prohibitory order;

(f) in the case of property in the custody or under the control of any public officer in his official capacity or in custodiâ legis, by attachment by prohibitory order duly obtained and served; and (g) in the case of any equitable interest in lands, houses, or other immovable property, by the appointment of a receiver or manager.

bailiff.

39.--(1) Where the goods of a debtor are taken in execution, and before the sale thereof notice is served on the bailiff that a receiving order has been made against the debtor, the bailiff shall, on request, deliver the goods to the Official Receiver or trustee under the order, but the costs of the execution shall be a charge on the goods so delivered, and the Official Receiver or trustee may sell the goods or an adequate part thereof for the purpose of satisfying the charge.

(2) Where the goods of a debtor are sold under an execution in respect of a judgment for a sum exceeding 100 dollars, the bailiff shall deduct the costs of the execution from the proceeds of sale and pay the balance into Court, and if, within 14 clear days of such sale, a bankruptcy petition is presented by or against the debtor, the said balance shall remain in Court until after the hearing of the petition, and if the debtor is adjudged bankrupt the balance shall be paid out to the trustee in the bankruptcy, who shall be entitled to...

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BANKRUPTCY. No. 7 of 1891. 631 1 : bankruptcy petition by or against the debtor or of the commission of any available act of bankruptcy by the debtor. (2) For the purposes of this Ordinance, an execution shall be deemed to be completed— (a) in the case of goods, chattels, or other movable property in the possession of the debtor or of negotiable instruments, by seizure and sale; (b) in the case of goods, chattels, or other movable property to which the debtor is entitled subject to a lien or right of some person to the immediate possession thereof, by attachment by prohibitory order and sale; (c) in the case of lands, houses, or other immovable property or any interest therein, either at law or in equity, by attachment by prohibitory order and due registration thereof in the Land Office; (d) in the case of an attachment of a debt not being a negotiable instrument, by receipt of the debt; (e) in the case of shares in any public company or corporation, by attachment by prohibitory order; (f) in the case of property in the custody or under the control of any public officer in his official capacity or in custodiâ legis, by attachment by prohibitory order duly obtained and served; and (g) in the case of any equitable interest in lands, houses, or other immovable property, by the appointment of a receiver or manager. bailiff. 39.--(1) Where the goods of a debtor are taken in execution, and before the sale thereof notice is served on the bailiff that a receiving order has been made against the debtor, the bailiff shall, on request, deliver the goods to the Official Receiver or trustee under the order, but the costs of the execution shall be a charge on the goods so delivered, and the Official Receiver or trustee may sell the goods or an adequate part thereof for the purpose of satisfying the charge. (2) Where the goods of a debtor are sold under an execution in respect of a judgment for a sum exceeding 100 dollars, the bailiff shall deduct the costs of the execution from the proceeds of sale and pay the balance into Court, and if, within 14 clear days of such sale, a bankruptcy petition is presented by or against the debtor, the said balance shall remain in Court until after the hearing of the petition, and if the debtor is adjudged bankrupt the balance shall be paid out to the trustee in the bankruptcy, who shall be entitled to...
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BANKRUPTCY. No. 7 of 1891. 631 ink- ne, irst the the or " nk- ors all in; try nt el, be be it or A Y × 807 r d 1 : ruptcy petition by or against the debtor or of the commission of any available act of bankruptcy by the debtor. (2) For the purposes of this Ordinance, an execution shall be deemed to be completed— (a) in the case of goods, chattels, or other movable property in the possession of the debtor or of negotiable instruments, by seizure and sale; (b) in the case of goods, chattels, or other movable property to which the debtor is entitled subject to a lien or right of some person to the immediate possession thereof, by attachment by prohibitory order and sale; (c) in the case of lands, houses, or other immovable property or any interest therein, either at law or in equity, by attachment by prohibitory order and due registration thereof in the Land Office; (d) in the case of an attachment of a debt not being a negotiable instrument, by receipt of the debt; (e) in the case of shares in any public company or corporation, hy attachment by prohibitory order; (f) in the case of property in the custody or under the control of any public officer in his official capacity or in custodiâ legis, by attachment by prohibitory order duly obtained and served; and (g) in the case of any equitable interest in lands, houses, or other immovable property, by the appointment of a receiver or manager. bailiff. 39.--(1) Where the goods of a debtor are taken in execution, and Duty of before the sale thereof notice is served on the bailiff that a receiving [46&47 Vict. order has been made against the debtor, the bailiff shall, on request, c. 52 s. 46. deliver the goods to the Official Receiver or trustee under the order,` but the costs of the execution shall be a charge on the goods so de- livered, and the Official Receiver or trustee may sell the goods or an adequate part thereof for the purpose of satisfying the charge. (2) Where the goods of a debtor are sold under an execution in respect of a judgment for a sum exceeding 100 dollars, the bailiff shall deduct the costs of the execution from the proceeds of sale and pay the balance into Court, and if, within 14 clear days of such sale, a bankruptcy petition is presented by or against the debtor, the said balance shall remain in Court until after the hearing of the petition, and if the debtor is adjudged bankrupt the balance shall be paid out to the trustee in the bankruptcy, who shall be entitled to
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BANKRUPTCY.

No. 7 of 1891.

631

ink-

ne,

irst

the

the

or

"

nk-

ors

all

in;

try

nt

el,

be

be

it

or

A Y × 807

r

d

1

:

ruptcy petition by or against the debtor or of the commission of any available act of bankruptcy by the debtor.

(2) For the purposes of this Ordinance, an execution shall be deemed to be completed—

(a) in the case of goods, chattels, or other movable property in the possession of the debtor or of negotiable instruments, by seizure and sale;

(b) in the case of goods, chattels, or other movable property to which the debtor is entitled subject to a lien or right of some person to the immediate possession thereof, by attachment by prohibitory order and sale;

(c) in the case of lands, houses, or other immovable property or any interest therein, either at law or in equity, by attachment by prohibitory order and due registration thereof in the Land Office;

(d) in the case of an attachment of a debt not being a negotiable instrument, by receipt of the debt;

(e) in the case of shares in any public company or corporation, hy attachment by prohibitory order;

(f) in the case of property in the custody or under the control of any public officer in his official capacity or in custodiâ legis, by attachment by prohibitory order duly obtained and served; and (g) in the case of any equitable interest in lands, houses, or other immovable property, by the appointment of a receiver or manager.

bailiff.

39.--(1) Where the goods of a debtor are taken in execution, and Duty of before the sale thereof notice is served on the bailiff that a receiving [46&47 Vict. order has been made against the debtor, the bailiff shall, on request, c. 52 s. 46. deliver the goods to the Official Receiver or trustee under the order,` but the costs of the execution shall be a charge on the goods so de- livered, and the Official Receiver or trustee may sell the goods or an adequate part thereof for the purpose of satisfying the charge.

(2) Where the goods of a debtor are sold under an execution in respect of a judgment for a sum exceeding 100 dollars, the bailiff shall deduct the costs of the execution from the proceeds of sale and pay the balance into Court, and if, within 14 clear days of such sale, a bankruptcy petition is presented by or against the debtor, the said balance shall remain in Court until after the hearing of the petition, and if the debtor is adjudged bankrupt the balance shall be paid out to the trustee in the bankruptcy, who shall be entitled to

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