1923_BANKRUPTCY_ORDINANCE__1891 — Page 4

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BANKRUPTCY.

No. 7 of 1891.

581

the word

(3) In this section, "debtor" includes a person who, though Meaning of not himself personally within the Colony, carries on business "debtor". by an agent within the Colony and possesses assets therein.

In the case of a person who is not a British subject, the meaning of the word "debtor" is not confined to a person who is personally present in the Colony when he commits the act which is made an act of bankruptcy.

Receiving order and Official Receiver.

to make

4. Subject to the conditions hereinafter specified, if a Jurisdiction debtor commits an act of bankruptcy the court may, on a receiving bankruptcy petition being presented either by a creditor or by the debtor, make an order, called a receiving order, for the protection of the estate.

order. c. 52, s. 5.

46 & 47 Vict.

First Schedule. Form No. 8.

5.--(1) Subject to the provisions of section 6, a creditor Conditions shall not be entitled to present a bankruptcy petition against creditor may a debtor unless-

on which

petition. 46 & 47 Vict.

(a) the debt owing by the debtor to the petitioning creditor, c. 52, s. 6. or, if two or more creditors join in the petition, the aggregate amount of debts owing to the several petitioning creditors, amounts to three hundred dollars; and

(b) the debt is a liquidated sum payable either immediately or at some certain future time; and

(c) the act of bankruptcy on which the petition is grounded has occurred within four months before the presentation of the petition; and

(d) the debtor is domiciled in the Colony or, within a year before the date of the presentation of the petition, has ordinarily resided or had a dwelling-house or place of business in the Colony.

(2) If the petitioning creditor is a secured creditor, he must in his petition either state that he is willing to give up his security for the benefit of the creditors in the event of the debtor being adjudged bankrupt or give an estimate of the value of his security. In the latter case he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him, after deducting the value so estimated, in the same manner as if he were an unsecured creditor.

As amended by Law Rev. Ord., 1923.

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BANKRUPTCY. No. 7 of 1891. 581 the word (3) In this section, "debtor" includes a person who, though Meaning of not himself personally within the Colony, carries on business "debtor". by an agent within the Colony and possesses assets therein. In the case of a person who is not a British subject, the meaning of the word "debtor" is not confined to a person who is personally present in the Colony when he commits the act which is made an act of bankruptcy. Receiving order and Official Receiver. to make 4. Subject to the conditions hereinafter specified, if a Jurisdiction debtor commits an act of bankruptcy the court may, on a receiving bankruptcy petition being presented either by a creditor or by the debtor, make an order, called a receiving order, for the protection of the estate. order. c. 52, s. 5. 46 & 47 Vict. First Schedule. Form No. 8. 5.--(1) Subject to the provisions of section 6, a creditor Conditions shall not be entitled to present a bankruptcy petition against creditor may a debtor unless- on which petition. 46 & 47 Vict. (a) the debt owing by the debtor to the petitioning creditor, c. 52, s. 6. or, if two or more creditors join in the petition, the aggregate amount of debts owing to the several petitioning creditors, amounts to three hundred dollars; and (b) the debt is a liquidated sum payable either immediately or at some certain future time; and (c) the act of bankruptcy on which the petition is grounded has occurred within four months before the presentation of the petition; and (d) the debtor is domiciled in the Colony or, within a year before the date of the presentation of the petition, has ordinarily resided or had a dwelling-house or place of business in the Colony. (2) If the petitioning creditor is a secured creditor, he must in his petition either state that he is willing to give up his security for the benefit of the creditors in the event of the debtor being adjudged bankrupt or give an estimate of the value of his security. In the latter case he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him, after deducting the value so estimated, in the same manner as if he were an unsecured creditor. As amended by Law Rev. Ord., 1923.
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BANKRUPTCY. No. 7 of 1891. 581 the word (3) In this section, "debtor" includes a person who, though Meaning of not himself personally within the Colony, carries on business "debtor". by an agent within the Colony and possesses assets therein. In the case of a person who is not a British subject, the meaning of the word "debtor" is not confined to a person who is personally present in the Colony when he commits the act which is made an act of bankruptcy. Receiving order and Official Receiver. to make 4. Subject to the conditions hereinafter specified, if a Jurisdiction debtor commits an act of bankruptcy the court may, on a receiving bankruptcy petition being presented either by a creditor or by the debtor, make an order, called a receiving order, for the protection of the estate. order. c. 52, s. 5. 46 & 47 Vict. First Schedule. Form No. 8. 5.--(1) Subject to the provisions of section 6, a creditor Conditions shall not be entitled to present a bankruptcy petition against creditor may a debtor unless- on which petition. 46 & 47 Vict. * (a) the debt owing by the debtor to the petitioning creditor, c. 52, s. 6. or, if two or more creditors join in the petition, the aggregate amount of debts owing to the several petitioning creditors, amounts to three hundred dollars; and (b) the debt is a liquidated sum payable either immediately or at some certain future time; and (c) the act of bankruptcy on which the petition is grounded has occurred within four months before the presentation of the petition; and (d) the debtor is domiciled in the Colony or, within a year before the date of the presentation of the petition, has ordinarily resided or had a dwelling-house or place of business in the Colony. (2) If the petitioning creditor is a secured creditor, he must in his petition either state that he is willing to give up his security for the benefit of the creditors in the event of the debtor being adjudged bankrupt or give an estimate of the value of his security. In the latter case he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him, after deducting the value so estimated, in the same manner as if he were an unsecured creditor. As amended by Law Rev. Orl., 1923.
2026-05-03 06:46:14 · Baseline
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BANKRUPTCY.

No. 7 of 1891.

581

the word

(3) In this section, "debtor" includes a person who, though Meaning of not himself personally within the Colony, carries on business "debtor". by an agent within the Colony and possesses assets therein.

In the case of a person who is not a British subject, the meaning of the word "debtor" is not confined to a person who is personally present in the Colony when he commits the act which is made an act of bankruptcy.

Receiving order and Official Receiver.

to make

4. Subject to the conditions hereinafter specified, if a Jurisdiction debtor commits an act of bankruptcy the court may, on a receiving bankruptcy petition being presented either by a creditor or by the debtor, make an order, called a receiving order, for the protection of the estate.

order. c. 52, s. 5.

46 & 47 Vict.

First Schedule. Form No. 8.

5.--(1) Subject to the provisions of section 6, a creditor Conditions shall not be entitled to present a bankruptcy petition against creditor may a debtor unless-

on which

petition. 46 & 47 Vict.

*

(a) the debt owing by the debtor to the petitioning creditor, c. 52, s. 6. or, if two or more creditors join in the petition, the aggregate amount of debts owing to the several petitioning creditors, amounts to three hundred dollars; and

(b) the debt is a liquidated sum payable either immediately or at some certain future time; and

(c) the act of bankruptcy on which the petition is grounded has occurred within four months before the presentation of the petition; and

(d) the debtor is domiciled in the Colony or, within a year before the date of the presentation of the petition, has ordinarily resided or had a dwelling-house or place of business in the Colony.

(2) If the petitioning creditor is a secured creditor, he must in his petition either state that he is willing to give up his security for the benefit of the creditors in the event of the debtor being adjudged bankrupt or give an estimate of the value of his security. In the latter case he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him, after deducting the value so estimated, in the same manner as if he were an unsecured creditor.

As amended by Law Rev. Orl., 1923.

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