164
THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
signee in preparing
Bankrupt to be as- LXIII. In the preparation of such statement of his accounts, the Bankrupt shall sisted by Official As-be assisted by the Official Assignee, who shall prepare and file in Court together with statement of accounts. Such statement a report upon the state of the affairs of the Bankrupt setting forth such facts and particulars as may be required by the Court, or as it shall in the opinion of such Assignee be important for the Court to be informed of: Provided that if it shall in any case appear to the Court that there are special circumstances rendering it neces sary that the Bankrupt should be assisted in the preparation of such statement of accounts by some person other than such Official Assignee, the Court may nominate such person to assist the Bankrupt in that behalf, and may allow to such person out of the Bankrupt's estate such remuneration as it shall think fit; and in such case the state- ments so prepared shall have appended thereto a certificate signed by the person ap- pointed to assist the Bankrupt in the preparation thereof expressing his approval ör dis-approval thereof and the particulars and reasons of such dis-approval.
of
Official Assignee to take possession Bankrupt's property.
Official Assignee to act as sole Assignee
property of a perish- able nature, &c.
As to the Official Assignee.
LXIV. Immediately on adjudication it shall be the duty of the Official Assignee to take possession of the Bankrupt's estate, and to retain possession thereof until the appointment of a Creditor's Assignee; but if such Official Assignee, or if the Court, upon the representation of any creditor, shall be of opinion that the keeping possession of the Bankrupt's property is not requisite for the due protection of the creditors, such possession shall not be taken or retained by the Official Assignee, and the Official Assignee may be directed by the Court to give up such possession to such person as the Court shall see fit.
LXV. Until Assignees shall be chosen by the creditors of the Bankrupt and till Creditors Assignees appointed by the Court, the Official Assignee shall to all intents and purposes whatsoever chosen, and may sell be deemed to be the sole Assignee of the Bankrupt's estate and effects: and if the or otherwise dispose of Court shall so order, may, before Assignees shall be chosen by the creditors, sell or otherwise dispose of any property of a Bankrupt which shall be of a perishable nature, or the holding possession whereof until the choice of Assignees would, in the judgment of the Court, be prejudicial to the Bankrupt's estate: Provided always that nothing herein contained shall extend to authorise any Official Assignee to interfere with the Assignees chosen by the creditors in the appointment or removal of a Solicitor or Attorney or after such choice, in directing the time and manner of effecting any sale of a Bankrupt's estate or effects.
Official Assignee not
acts done in execution
LXVI. No Official Assignee shall be personally responsible or liable for any act personally liable for done by him, or by his order or authority, in the execution of his duty as such Official of his duty or for re- Assignee, by reason of the petitioning creditors, debt or act of Bankruptcy upon which upon certain condi- any adjudication shall have been grounded, or of any or either of such matters, being tions being performed. insufficient to support such adjudication: and no Official Assignee shall be deemed
ceipt of bills or money,
First meeting of
debts.
personally answerable for, or by reason of his having received any money, bills, notes or other negotiable instruments under any Bankruptcy in his character of Official Assignee, provided he shall have paid and deposited such money, bills, notes or other negotiable instruments during the prosecution of the Bankruptcy to and in such bank as the Court shall by order direct to the credit of the particular estate for which such money, bills, notes or other negotiable instruments shall have been received, and shall have given notice of such payment or deposit (as the case may be) to any person claiming such money, bills, notes or other negotiable instruments of the Official Assignee and provided also that the Official Assignee after such payment or deposit, shall not have dealt with such money, bills, notes or other negotiable instruments otherwise than in the execution of his duty as Official Assignee and under the order of the Court: and if any action shall be brought against the Official Assignee, either solely or jointly with the Creditor's Assignee, in respect of such money, bills, notes or other negotiable instruments, it shall be lawful for the Judge of the Court in which the same action shall be brought upon the application of the Official Assignee, and upon an affidavit of facts, to set aside the proceedings in such action so far as the Official Assignee is concerned, with such costs or without costs, as the Judge shall see fit.
As to First Meeting of Creditors.
LXVII. As soon as conveniently may be after adjudication the Court shall ap- Creditors, and proof of point a meeting of the creditors of which ten days notice shall be given in the Hongkong Government Gazette and such other Newspapers as the Court may direct, and such meeting shall be held at such time and place as the Court shall appoint, and at such meeting such officer as the Court shall appoint for that purpose shall preside, and