the-ordinances-of-the-legislative-counci-1890 — Page 647

ORDINANCE No. 5 OF 1864. 611


Bankruptcy and Insolvency.


circumstances, as the Court shall see fit ; and if it shall appear to the

Court that the debts of such person can be discharged by means of money

raised by way of mortgage on any property of such person , instead of
raising the same by sale, the Court may so order , and may give all ne
cessary directions for such purpose , and generally direct all things which
may be proper for the discharge of the debts of such person , in such

manner as may be most consistent with the interests of such person in
any surplus of his effects after payment of such debts ; and in every such

case the discharge of such bankrupt shall not be held to discharge him
or his estate from any debt secured by him by way of mortgage or other
wise under this section .

102. If any bankrupt shall as trustee be seized , possessed of or Where bank
rupt is a
entitled to either alone or jointly, any real or personal estate , or any trustee the
Court may
interest secured upon or arising out of the same, or shall have standing order con
veyance or
in his name as trustee , either alone or jointly, any Government stock , assignment
to another
funds , or annuities, or any of the stock of any public company, the trustee.
Court on petition of the person entitled in possession to the receipt of
the rents, issues , and profits, dividends , interest, or produce thereof, on
due notice given to all other persons , ( if any ) interested therein , may
order the assignees , and all persons whose act and consent thereto is
necessary, to convey assign or transfer the said estate, interest, stock ,
funds, or annuities to such person as the Court shall think fit, upon the
same trusts as the said estate, interest, stock, funds , or annuities were
subject to before the bankruptcy, or such of them as shall be then sub
sisting and capable of taking effect, and also to receive and pay over the
rents , issues and profits, dividends, interest or produce thereof as the
Court shall direct.

103. No title to any real or personal estate sold under any bank Titles to pro
perty sold
ruptcy shall be impeached by the bankrupt, or any person claiming not tobe
impeached
under him , in respect of any defect in the petition for adjudication , or in unless pro
ceedings
any of the proceedings under the same, unless the bankrupt shall within taken toannul
and duly
the time allowed by this Ordinance have commenced proceedings to prosecuted.
dispute or dismiss the petition or adjudication and duly prosecuted
the same .

104. After any adjudication shall have been advertised in the The Court
after adju
Hongkong Government Gazette, the Court may order any Treasurer or dication may
order any
other officer or any banker, attorney, or solicitor , or other agent of the Treasurer,