CAP. 163]
[s. 2 cont.]
Registration etc.
63 & 64 Vict. c. 51, s. 2.
Money-Lenders.
for the recovery of money lent, and the court shall have power, notwithstanding any provision or agreement to the contrary, to entertain any application under this Ordinance by the borrower or surety or other person liable, notwithstanding that the time for repayment of the loan or any instalment thereof may not have arrived.
(3) On any application relating to the admission or amount of a proof by a money-lender in any bankruptcy proceedings, the court may exercise the like powers as may be exercised under this section when proceedings are taken for the recovery of money.
(4) The foregoing provisions shall apply to any transaction which, whatever its form may be, is substantially one of money-lending by a money-lender.
(5) Nothing in the foregoing provisions shall affect the rights of any bona fide assignee or holder for value without notice.
(6) Nothing in this section shall be construed as derogating from the existing powers or jurisdiction of any court.
3. (1) A money-lender—
(a) shall register himself as a money-lender in accordance with regulations under this Ordinance at the office of the Registrar of Companies, under his own or usual trade name, and in no other name, with the address, or all the addresses if more than one, at which he carries on his business of money-lender; and
(b) shall carry on the money-lending business in his registered name, and in no other name, and under no other description, and at his registered address or addresses, and at no other address; and
(c) shall not enter into any agreement in the course of his business as a money-lender with respect to the advance and repayment of money, or take any security for money in the course of his business as a money-lender, otherwise than in his registered name; and
(d) shall on reasonable request, and on tender of a reasonable sum for expenses, furnish the borrower
268
CAP. 163]
[s. 2 cont.]
Registration etc.
63 & 64 Vict. c. 51, s. 2.
Money-Lenders.
for the recovery of money lent, and the court shall have power, notwithstanding any provision or agreement to the contrary, to entertain any application under this Ordinance by the borrower or surety or other person liable, notwith- standing that the time for repayment of the loan or any instalment thereof may not have arrived.
(3) On any application relating to the admission or amount of a proof by a money-lender in any bankruptcy proceedings, the court may exercise the like powers as may be exercised under this section when proceedings are taken for the recovery of money.
(4) The foregoing provisions shall apply to any trans- action which, whatever its form may be, is substantially one of money-lending by a money-lender.
(5) Nothing in the foregoing provisions shall affect the rights of any bona fide assignee or holder for value without notice.
(6) Nothing in this section shall be construed as derogating from the existing powers or jurisdiction of any
court.
3. (1) A money-lender--
(a) shall register himself as a money-lender in accord- ance with regulations under this Ordinance at the office of the Registrar of Companies, under his own or usual trade name, and in no other name, with the address, or all the addresses if more than one, at which he carries on his business of money- lender; and
(b) shall carry on the money-lending business in his registered name, and in no other name, and under no other description, and at his registered address or addresses, and at no other address; and (c) shall not enter into any agreement in the course of his business as a money-lender with respect to the advance and repayment of money, or take any security for money in the course of his business as a money-lender, otherwise than in his registered name; and
(d) shall on reasonable request, and on tender of a reasonable sum for expenses, furnish the borrower
268
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