1908
No. 10 of 1931.
BANKRUPTCY.
of court.
4 & 5 Geo. 5, c. 59, s. 105 (5). Rules. Forms Nos. 98, 101.
[20.3.36]
Exclusion of companies and limited partnerships.
court under this Ordinance, the court may make an immediate order for the committal of such trustee, debtor or other person for contempt of court: Provided that the power given by this section shall be deemed to be in addition to and not in substitution for any other right, remedy or liability in respect of such default.
Application of Ordinance.
[s. 111, rep. No. 10 of 1936.]
112. A receiving order shall not be made against any corporation, or against any association or company registered under the Companies Ordinance, 1932, or any enactment repealed by that Ordinance, or against any partnership registered under the Limited Partnerships Ordinance, 1912.
4 & 5 Geo. 5, c. 59, s. 126.
Ordinances Nos. 39 of 1932, 18 of 1912.
Administration in bankruptcy of estate of person dying insolvent.
113.—(1) Any creditor of a deceased debtor whose debt would have been sufficient to support a bankruptcy petition against the debtor, had he been alive, may present to the court a petition in the prescribed form praying for an order for the administration in bankruptcy of the estate of the deceased debtor, according to the law of bankruptcy.
4 & 5 Geo. 5, c. 59, s. 130. Rules. Form No. 134. Ordinance No. 3 of 1901.
(2) The petition shall be served on the legal personal representative of the deceased debtor or, if there is none in the Colony, on the Official Administrator, and the court may in the prescribed manner, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate or may upon cause shown dismiss the petition with or without costs.
(3) A petition for administration in bankruptcy under this section shall not be presented to the court after proceedings have been commenced under the Code of Civil Procedure for the administration of the deceased debtor's estate but the court may, when satisfied that the estate is insufficient to pay its debts, make an order for the administration in bankruptcy of the estate of the deceased debtor and the like consequences shall ensue as under an administration order made on the petition of a creditor.
* As amended by Law Rev. Ord., 1939, Supp. Sched.
1908
No. 10 of 1931.
BANKRUPTCY.
of court.
4 & 5 Geo. 5, c. 59, s. 105 (5). Rules. Forms Nos. 98, 101.
[20.3.36]
Exclusion of
companies and limited
court under this Ordinance, the court may make an immediate order for the committal of such trustee, debtor or other person for contempt of court: Provided that the power given by this section shall be deemed to be in addition to and not in sub- stitution for any other right, remedy or liability in respect of such default.
Application of Ordinance.
[s. 111, rep. No. 10 of 1936.]
112. A receiving order shall not be made against any corporations, corporation, or against any association or company registered under the Companies Ordinance, 1932, or any enactment repealed by that Ordinance, or against any partnership registered under c. 59, s. 126. the Limited Partnerships Ordinance, 1912.
partnerships.
4 & 5 Geo. 5,
Ordinances
Nos. 39 of 1932, 18 of 1912.
Administra-
ruptcy of estate of
113.—(1) Any creditor of a deceased debtor whose debt tion in bank- would have been sufficient to support a bankruptcy petition against the debtor, had he been alive, may present to the court a petition in the prescribed form praying for an order for the administration in bankruptcy of the estate of the deccased debtor, according to the law of bankruptcy.
person dying
insolvent.
4 & 5 Geo. 5, c, 59, s. 130.
Rules. Form No. 134.
Ordinance
No.. 3 of 1001.
(2) The petition shall be served on the legal personal representative of the deceased debtor or, if there is none in the Colony, on the Official Administrator, and the court may in the prescribed manner, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate or may upon cause shown dismiss the petition with or without costs.
(3) A petition for administration in bankruptcy under this section shall not be presented to the court after proceedings have been commenced under the Code of Civil Procedure for the administration of the deceased debtor's estate but the court may, when satisfied that the estate is insufficient to pay its debts, make an order for the administration in bankruptcy of the estate of the deceased debtor and the like consequences shall ensue as under an administration order made on the petition of a creditor.
* As amended by Law Rev. Ord., 1939, Supp. Sched.
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