1923_BANKRUPTCY_ORDINANCE__1891 — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

580

No. 7 of 1891.

BANKRUPTCY.

[s 3 could.]

53 & 54 Vict. c. 71, s. 1.

First

(b) if, in this Colony or elsewhere, he makes a fraudulent conveyance, gift, delivery, or transfer of his property or of any part thereof; or

(c) if, in this Colony or elsewhere, he makes a conveyance or transfer of his property or any part thereof or creates any charge thereon which would be void as a fraudulent preference if he were adjudged bankrupt; or

(d) if, with intent to defeat or delay his creditors, he does any of the following things, namely, departs out of this Colony, or being out of this Colony, remains out of it, or departs from his dwelling-house, or otherwise absents himself, or begins to keep house, or removes his property or any part thereof beyond the jurisdiction of the court; or

(e) if execution against him in proceedings in the court has been levied by seizure of his goods, and the goods have been sold or held by the bailiff of the court for twenty-one days; or

(f) if he files in the court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself; or

(g) if a creditor has obtained a final judgment against him for any amount and, execution thereon not having been stayed, has served on him in this Colony, or by leave of the court elsewhere, a bankruptcy notice under this Ordinance requiring him to pay the judgment debt in accordance with the terms of the judgment or to secure or compound for it to the satisfaction of the creditor or the court, and he does not, within eight days after service of the notice, in case service is effected in the Colony, or, in case service is effected elsewhere, within the time limited in that behalf by the order giving leave to effect service elsewhere, either comply with the requirements of the notice or satisfy the court that he has a counterclaim, set-off, or cross-demand which equals or exceeds the amount of the judgment debt and which he could not set up in the action in which the judgment was obtained; or

(h) if he gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts.

(2) A bankruptcy notice under this Ordinance shall be issued to a judgment creditor by the Registrar on the filing of a request for that purpose.

Forms Nos. 2, 3, 4, and 5.

First Schedule.

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580 No. 7 of 1891. BANKRUPTCY. [s 3 could.] 53 & 54 Vict. c. 71, s. 1. First (b) if, in this Colony or elsewhere, he makes a fraudulent conveyance, gift, delivery, or transfer of his property or of any part thereof; or (c) if, in this Colony or elsewhere, he makes a conveyance or transfer of his property or any part thereof or creates any charge thereon which would be void as a fraudulent preference if he were adjudged bankrupt; or (d) if, with intent to defeat or delay his creditors, he does any of the following things, namely, departs out of this Colony, or being out of this Colony, remains out of it, or departs from his dwelling-house, or otherwise absents himself, or begins to keep house, or removes his property or any part thereof beyond the jurisdiction of the court; or (e) if execution against him in proceedings in the court has been levied by seizure of his goods, and the goods have been sold or held by the bailiff of the court for twenty-one days; or (f) if he files in the court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself; or (g) if a creditor has obtained a final judgment against him for any amount and, execution thereon not having been stayed, has served on him in this Colony, or by leave of the court elsewhere, a bankruptcy notice under this Ordinance requiring him to pay the judgment debt in accordance with the terms of the judgment or to secure or compound for it to the satisfaction of the creditor or the court, and he does not, within eight days after service of the notice, in case service is effected in the Colony, or, in case service is effected elsewhere, within the time limited in that behalf by the order giving leave to effect service elsewhere, either comply with the requirements of the notice or satisfy the court that he has a counterclaim, set-off, or cross-demand which equals or exceeds the amount of the judgment debt and which he could not set up in the action in which the judgment was obtained; or (h) if he gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts. (2) A bankruptcy notice under this Ordinance shall be issued to a judgment creditor by the Registrar on the filing of a request for that purpose. Forms Nos. 2, 3, 4, and 5. First Schedule.
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580 No. 7 of 1891. BANKRUPTCY. [s 3 could.] 53 & 54 Vict. c. 71, s. 1. First (b) if, in this Colony or elsewhere, he makes a fraudulent conveyance, gift, delivery, or transfer of his property or of any part thereof; or (c) if, in this Colony or elsewhere, he makes a conveyance or transfer of his property or any part thereof or creates any charge thereon which would be void as a fraudulent preference if he were adjudged bankrupt; or (d) if, with intent to defeat or delay his creditors, he does any of the following things, namely, departs out of this Colony, or being out of this Colony, remains out of it, or departs from his dwelling-house, or otherwise absents him- self, or begins to keep house, or removes his property or any part thereof beyond the jurisdiction of the court; or (e) if execution against him in proceedings in the court has been levied by seizure of his goods, and the goods have been sold or held by the bailiff of the court for twenty-one days; or (f) if he files in the court a declaration of his inability to Forms Nos. 2 pay his debts or presents a bankruptcy petition against him- Schedule. and 3. First Schedule. self; or (g) if a creditor has obtained a final judgment against him for any amount and, execution thereon not having been stayed, has served on him in this Colony, or by leave of the court elsewhere, a bankruptcy notice under this Ordinance requiring him to pay the judgment debt in accordance with the terms of the judgment or to secure or compound for it to the satisfaction of the creditor or the court, and he does not, within eight days after service of the notice, in case service is effected in the Colony, or, in case service is effected else- where, within the time limited in that behalf by the order giving leave to effect service elsewhere, either comply with the requirements of the notice or satisfy the court that he has a counterclaim, set-off, or cross-demand which equals or exceeds the amount of the judgment debt and which he could not set up in the action in which the judgment was obtained; or (h) if he gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts. (2) A bankruptcy notice under this Ordinance shall be Forms Nos. 4 issued to a judgment creditor by the Registrar on the filing of a request for that purpose. and 5.
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580

No. 7 of 1891.

BANKRUPTCY.

[s 3 could.]

53 & 54 Vict. c. 71, s. 1.

First

(b) if, in this Colony or elsewhere, he makes a fraudulent conveyance, gift, delivery, or transfer of his property or of any part thereof; or

(c) if, in this Colony or elsewhere, he makes a conveyance or transfer of his property or any part thereof or creates any charge thereon which would be void as a fraudulent preference if he were adjudged bankrupt; or

(d) if, with intent to defeat or delay his creditors, he does any of the following things, namely, departs out of this Colony, or being out of this Colony, remains out of it, or departs from his dwelling-house, or otherwise absents him- self, or begins to keep house, or removes his property or any part thereof beyond the jurisdiction of the court; or

(e) if execution against him in proceedings in the court has been levied by seizure of his goods, and the goods have been sold or held by the bailiff of the court for twenty-one days; or

(f) if he files in the court a declaration of his inability to Forms Nos. 2 pay his debts or presents a bankruptcy petition against him-

Schedule.

and 3.

First

Schedule.

self; or

(g) if a creditor has obtained a final judgment against him for any amount and, execution thereon not having been stayed, has served on him in this Colony, or by leave of the court elsewhere, a bankruptcy notice under this Ordinance requiring him to pay the judgment debt in accordance with the terms of the judgment or to secure or compound for it to the satisfaction of the creditor or the court, and he does not, within eight days after service of the notice, in case service is effected in the Colony, or, in case service is effected else- where, within the time limited in that behalf by the order giving leave to effect service elsewhere, either comply with the requirements of the notice or satisfy the court that he has a counterclaim, set-off, or cross-demand which equals or exceeds the amount of the judgment debt and which he could not set up in the action in which the judgment was obtained;

or

(h) if he gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts.

(2) A bankruptcy notice under this Ordinance shall be Forms Nos. 4 issued to a judgment creditor by the Registrar on the filing

of a request for that purpose.

and 5.

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