1912_BANKRUPTCY_ORDINANCE__1891 — Page 29

634

No. 7 of 1891.

BANKRUPTCY.

c. 52 s. 51.]

the Court, and the Court may, on his application, enforce such acquisition or retention accordingly.

(3) When any part of the property of the bankrupt consists of stock, shares in ships, shares, or any other property transferable in the books of any company, office, or person, the trustee may exercise the right to transfer the property to the same extent as the bankrupt might have exercised it if he had not become bankrupt.

(4) Where any part of the property of the bankrupt consists of things in action, such things shall be deemed to have been duly assigned to the trustee.

(5) Any officer, clerk, servant, compradore, employé, or person acting as banker, attorney, or agent of a bankrupt shall pay and deliver to the trustee all moneys and securities in his possession or power which he is not by law entitled to retain as against the bankrupt or the trustee. If he does not, he shall be guilty of a con- tempt of Court and may be punished accordingly, on the applica- tion of the trustee.

Seizure of

44. Any person acting under a warrant of the Court may seize property of bankrupt.

any part of the property of a bankrupt in the custody or possession [46 & 47 Vict. of the bankrupt or of any other person, and, with a view to such seizure, may break open any house, building, or room of the bankrupt where the bankrupt is supposed to be, or any building or receptacle of the bankrupt where any of his property is supposed to be; and when the Court is satisfied that there is reason to believe that any property of the bankrupt is concealed in a house or place not belonging to him, the Court may, if it thinks fit, grant a search warrant to any constable or officer of the Court who may execute it accordingly.

form 25.

Sale of pro- perty out of the Colony.

Appropria-

of pay or

45. Where the bankrupt is possessed of any property out of the Colony, the trustee shall require him to join in selling the same for the benefit of the creditors and to sign all necessary authorities, powers, deeds, and documents for the purpose, and if and so often as the bankrupt refuses to do so, he may be punished for a contempt of Court.

46. When a bankrupt is an officer of the navy or army or an officer tion of portion or clerk otherwise employed or engaged in the Civil Service of the Government, the trustee shall receive for distribution among the creditors so much of the bankrupt's pay or salary as the Court, on

salary of officers.

[ib. s. 53.]

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