the-ordinances-of-the-legislative-counci-1890 — Page 225

HK Historical Laws 香港歷史法例 All

ORDINANCE No. 3 OF 1846 . 189


Insolvent Debtors.


making some conveyance or assignment of the same, and that the same should be done
without the expense attending advertisements and meetings of creditors, as herein
before described in certain cases ; Be it therefore enacted and ordained , that it shall
be lawful for the said Court, at any time after the day gazetted for the bringing up of
any prisoner to be dealt with according to the provisions of this Ordinance, if no person
or persons other than the said provisional assignee, shall have been appointed assignee
or assignees of his estate and effects, and if it shall appear fit, upon such notice given
by advertisement or otherwise to the creditors , or any of them, as the said Court shall
in any case direct, to order the said provisional assignee to make or join in making
any conveyance or assignment of any such interest as to the said Court may appear
just and reasonable, without observing the provisions of this Ordinance as to the sale
of real property by the provisional or other assignees of the estates of insolvent debtors.

30. And be it enacted and ordained, that every prisoner whose estate shall , by After order
made, the pri
an order to be made under this Ordinance, be vested in the provisional assignee of the soner to deliver
in a schedule of
debts, proper
said Court (whether upon his own petition or on the petition of any such creditor as ty, &c.
aforesaid) , shall within the space of fourteen days next after such order shall have been
made, or next after notice in writing of such order having been made shall have been
given to him, in case such order shall not have been made on his own petition , or within
such further time as the said Court shall think reasonable, deliver into the said Court
a schedule, containing a full and fair description of such prisoner, as to his name or
names, trade or trades, profession or professions, together with the last usual place of
abode of such prisoner, and the place or places where he has resided during the time
when his debts were contracted : and also a full and true description of all debts due
or growing due from such prisoner at the time of making such order, and of all and
every person and persons to whom such prisoner shall be indebted, or who to his
knowledge or belief shall claim to be his creditors, together with the nature and
amount of such debts and claims respectively, distinguishing such as shall be
admitted from such as shall be disputed by such prisoner ; and also a full, true,
and perfect account of all the estate and effects of such prisoner, real and personal
in posession, reversion , remainder, or expectancy ; and also of all places of benefit or
advantage held by such prisoner, whether the emoluments of the same arise from fixed
salaries or from fees or otherwise ; and also of all pensions or allowances of the said
prisoner, in possession or reversion, or held by any other person or persons for or on
behalf of the said prisoner, or of and from which the said prisoner derives or may derive
any manner of benefit or advantage ; and also of all rights and powers of any nature and
kind whatsoever, which such prisoner, or any other person or persons in trust for such
prisoner, or for his use, benefit , or advantage, in any manner whatsoever , shall be seized
or possessed of, or interested in, or entitled unto, or which such prisoner, or any other
person or persons in trust for him, or for his benefit, shall have any power to dispose
of, charge, or exercise for the benefit or advantage of such prisoner ; together with a
full, true, and perfect account of all the debts at the time of making such order due or
growing due to such prisoner, or to any person or persons in trust for him , or for his

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.