1923_BANKRUPTCY_ORDINANCE__1891 — Page 32

HK Historical Laws 香港歷史法例 All AI Reviewed

BANKRUPTCY.

No. 7 of 1891.

609

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.

Schedule. Form No. 25.

of the

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 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 the application of the trustee, with the consent of the chief officer of the department under which the pay or salary is enjoyed, may direct.

17 Vict. c. 52, s. 53.

property.

47.(1) Until a trustee is appointed, the Official Receiver shall be the trustee for the purposes of this Ordinance, and immediately on a debtor being adjudged bankrupt, the property of the bankrupt shall vest in the trustee.

(2) On the appointment of a trustee, the property shall forthwith pass to and vest in the trustee appointed.

(3) The property of the bankrupt shall pass from trustee to trustee, including under that term the Official Receiver when he fills the office of trustee, and shall vest in the trustee for the time being during his continuance in office, without any conveyance, assignment, or transfer whatever.

46 & 47 Vict. c. 52, s. 54.

of onerous

48.-(1) When any part of the property of the bankrupt consists of land of any tenure burdened with onerous covenants or liabilities, or of shares or stock in companies, or of unprofitable contracts, or of any other property that is unsaleable or not readily saleable by reason of its binding the possessor thereof to the performance of any onerous act or to the payment of any sum of money, the trustee, notwithstanding that he has endeavoured to sell or has taken possession of the property or exercised any act of ownership in relation thereto, but subject to the provisions of this section, may, by writing signed by him, at any time within

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BANKRUPTCY. No. 7 of 1891. 609 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. Schedule. Form No. 25. of the 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 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 the application of the trustee, with the consent of the chief officer of the department under which the pay or salary is enjoyed, may direct. 17 Vict. c. 52, s. 53. property. 47.(1) Until a trustee is appointed, the Official Receiver shall be the trustee for the purposes of this Ordinance, and immediately on a debtor being adjudged bankrupt, the property of the bankrupt shall vest in the trustee. (2) On the appointment of a trustee, the property shall forthwith pass to and vest in the trustee appointed. (3) The property of the bankrupt shall pass from trustee to trustee, including under that term the Official Receiver when he fills the office of trustee, and shall vest in the trustee for the time being during his continuance in office, without any conveyance, assignment, or transfer whatever. 46 & 47 Vict. c. 52, s. 54. of onerous 48.-(1) When any part of the property of the bankrupt consists of land of any tenure burdened with onerous covenants or liabilities, or of shares or stock in companies, or of unprofitable contracts, or of any other property that is unsaleable or not readily saleable by reason of its binding the possessor thereof to the performance of any onerous act or to the payment of any sum of money, the trustee, notwithstanding that he has endeavoured to sell or has taken possession of the property or exercised any act of ownership in relation thereto, but subject to the provisions of this section, may, by writing signed by him, at any time within
Baseline (Original)
BANKRUPTCY. No. 7 of 1891. 609 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 First may execute it accordingly. Schedule. Form No. 25. of the 45. Where the bankrupt is possessed of any property out Sale of of the Colony, the trustee shall require him to join in selling property out the same for the benefit of the creditors and to sign all Colony. 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 Appropria- an officer or clerk otherwise employed or engaged in the tion of portion of pay or civil service of the Government, the trustee shall receive salary of officers. for distribution among the creditors so much of the bankrupt's 17 Vict. pay or salary as the court, on the application of the trustee, c. 52, s. 53. with the consent of the chief officer of the department under which the pay or salary is enjoyed, may direct. property. 47.(1) Until a trustee is appointed, the Official Receiver Vesting and shall be the trustee for the purposes of this Ordinance, and transfer of immediately on a debtor being adjudged bankrupt, the 46 & 47 Vict. property of the bankrupt shall vest in the trustee.. (2) On the appointment of a trustee, the property shall forthwith pass to and vest in the trustee appointed. (3) The property of the bankrupt shall pass from trustee to trustee, including under that term the Official Receiver when he fills the office of trustee, and shall vest in the trustee for the time being during his continuance in office, without any conveyance, assignment, or transfer whatever. c. 52, s. 54. of onerous 48.-(1) When any part of the property of the bankrupt Disclaimer consists of land of any tenure burdened with onerous property. covenants or liabilities, or of shares or stock in companies, 46 & 47 Vict. or of unprofitable contracts, or of any other property that is 52, s. 55, unsaleable or not readily saleable by reason of its binding the possessor thereof to the performance of any onerous act or to the payment of any sum of money, the trustee, not- withstanding that he has endeavoured to sell or has taken possession of the property or exercised any act of ownership in relation thereto, but subject to the provisions of this section, may, by writing signed by him, at any time within
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BANKRUPTCY.

No. 7 of 1891.

609

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 First may execute it accordingly.

Schedule. Form No. 25.

of the

45. Where the bankrupt is possessed of any property out Sale of of the Colony, the trustee shall require him to join in selling property out the same for the benefit of the creditors and to sign all Colony. 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 Appropria- an officer or clerk otherwise employed or engaged in the tion of portion

of pay or civil service of the Government, the trustee shall receive salary of

officers. for distribution among the creditors so much of the bankrupt's 17 Vict. pay or salary as the court, on the application of the trustee, c. 52, s. 53. with the consent of the chief officer of the department under which the pay or salary is enjoyed, may direct.

property.

47.(1) Until a trustee is appointed, the Official Receiver Vesting and shall be the trustee for the purposes of this Ordinance, and transfer of immediately on a debtor being adjudged bankrupt, the 46 & 47 Vict. property of the bankrupt shall vest in the trustee..

(2) On the appointment of a trustee, the property shall forthwith pass to and vest in the trustee appointed.

(3) The property of the bankrupt shall pass from trustee to trustee, including under that term the Official Receiver when he fills the office of trustee, and shall vest in the trustee for the time being during his continuance in office, without any conveyance, assignment, or transfer whatever.

c. 52, s. 54.

of onerous

48.-(1) When any part of the property of the bankrupt Disclaimer consists of land of any tenure burdened with onerous property. covenants or liabilities, or of shares or stock in companies, 46 & 47 Vict. or of unprofitable contracts, or of any other property that is 52, s. 55, unsaleable or not readily saleable by reason of its binding the possessor thereof to the performance of any onerous act or to the payment of any sum of money, the trustee, not- withstanding that he has endeavoured to sell or has taken possession of the property or exercised any act of ownership in relation thereto, but subject to the provisions of this section, may, by writing signed by him, at any time within

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