the-ordinances-of-the-legislative-counci-1890 — Page 645

ORDINANCE No. 5 OF 1864 . 609


Bankruptcy and Insolvency.


any of such persons , or between any persons claiming under a trust deed , between
assignees
deed of arrangement, relating to any bankrupts or debtor's estate, or to any and creditors,
or between
money or property claimed as part of the estate of any bankrupt or parties claim
ing under
debtor, either party may apply to the Court, and the Court may deter trust deeds.

mine the same, and may summon and examine upon oath , the Official or
Creditors ' Assignee, trustee or any other person whomsoever as to any
matters and things concerning the bankruptcy or trust estate, and may
direct such enquiries, and give such directions , and make such orders
relative thereto, as it shall see fit : and may award costs personally or in
any other manner against the Official or Creditors' Assignee, trustee or
any other person : Provided that in all cases in which a resolution has

been come to by a majority in number and value of the creditors assem
bled in a meeting, regard shall be had by the Court to such resolution ,
and the same shall not be set aside by the Court unless such resolution
shall in the opinion of the Court be unjust or inequitable and not fit to
be binding and conclusive under this Ordinance.

Power ofthe Court over certain descriptions ofproperty.

97. If any bankrupt at the time he becomes bankrupt shall, by the Goods in the
possession.
consent and permission of the true owner thereof, have in his possession order, or dis
position of
order or disposition , any goods or chattels whereof he was reputed owner, the bankrupt
to be deemed
or whereof he had taken upon him the sale , alteration or disposition as his property.
owner, the Court may order the same to be sold and disposed of for the
benefit of the creditors under the bankruptcy : Provided that nothing Proviso for
assignments
herein contained shall invalidate or affect any transfer or assignment of of vessels.
any ship or vessels, or any share thereof, made as a security for any debt

or debts either by way of mortgage or assignment, duly registered accord
ing to the provisions of any Act of the Imperial Parliament now or here
after in force relating to the registering of British vessels .

98. If any bankrupt being at the time insolvent , shall ( except upon Power of
Court over
the marriage of any of his children or for some valuable consideration) certain
conveyances,
have conveyed , assigned , or transferred to any person any hereditaments , &c., made by
bankrupt.
offices fees, annuities, leases, goods, or chattels, or have delivered or made
over to any person any bills , bonds, notes , or other securities or have
transferred his debts to any other person or into any other person's name,

the Court may order the same to be sold and disposed of for the benefit

of the creditors under the bankruptcy, and every such sale shall be valid
against the bankrupt and such persons and all persons claiming under him.