168
THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864
becomes Bankrupt his
lease his future effects
of
If Assignee indebted XCII. If any Assignee indebted to the estate of which he is such Assignee in to Bankrupt's estate respect money being part of the estate of the Bankrupt retained or employed by him, discharge shall not re- become Bankrupt and obtain his discharge, it shall have the effect only of freeing his in respect of such debt. person from arrest and imprisonment; but his future effects (his tools of trade, necessary household goods and the necessary wearing apparel of himself, his wife and children excepted) shall remain liable for so much of his debt to the estate of which he was Assignee, as shall not be paid by dividends under his Bankruptcy, and for interest at the rate of Twelve per cent per annum on the whole debt.
Suits not to abate by death or removal of Assignees.
If Assignees com-
time allowed to dispute
estate may pay money into Court.
XCIII. Whenever an Assignee shall die or be removed, or a new Assignee shall be chosen, no action at Law or suit in Equity shall be thereby abated, but the Court in which any action or suit is depending may, upon the suggestion of such death, or removal and new choice, allow the name of the surviving or new Assignee to be substituted in the place of the former: and such action or suit shall be prosecuted in the name or names of the said surviving or new Assignee or Assignees, in the same manner as if he had originally commenced the same.
XCIV. If the Assignee commence any action or suit for any money due to the mence action before Bankrupt's estate, before the time allowed for the Bankrupt to dispute the Bankruptcy the Bankruptcy has shall have elapsed, any defendant in any such action or suit, shall be entitled, after elapsed, debtor to notice given to the Assignees, to pay the same or any part thereof, into the Court in which such action or suit is brought; and all proceedings with respect to the money so paid into Court shall thereupon be stayed until such time shall have elapsed; and if within that time the Bankrupt shall not have commenced such action, suit or other proceeding, and prosecuted the same with due diligence, the money shall be paid out of Court to the Official Assignee, but otherwise shall abide the event of such action, suit or other proceeding: and upon such event shall be paid out of Court, either to the Official Assignee or the person adjudged Bankrupt as the Court shall direct; and after such payment of money so made into Court, it shall not be lawful for the person adjudged Bankrupt to proceed against the defendant for the recovery of the same money.
Limitation of action.
General issue.
Court may deter-
between Assignees and
parties claiming under trust deeds.
XCV. Every action brought against any person for any thing done in pur- suance of this Ordinance shall be commenced within three months next after the fact committed: and the defendant in any such action may plead the general issue and give this Ordinance and the special matter in evidence at the trial, and that the same was done by authority of this Ordinance; and if it shall appear so to have been done, or that such action was commenced after the time limited as aforesaid for briging the same, the jury shall find for the defendant; and if there be a verdict for the defen- dant, or if the plaintiff be nonsuited, or discontinue his action or suit after appearance thereto, or if upon demurrer, Judgment shall be given against the plaintiff, the de- fendant shall receive such full and reasonable indemnity as to all costs, charges and expenses incurred in and about any such action as shall be taxed by the proper officer in that behalf, subject to be reviewed in like manner by the same authority as any other taxation of costs by such officer.
XCVI. In case of any claim, dispute or difference between the Official Assignee, mine on all differences the Creditors' Assignee, and the creditors of any Bankrupt or any of such persons, or creditors, or between between any persons claiming under a trust deed, deed of arrangement, relating to any Bankrupts or Debtor's estate, or to any money or property claimed as part of the estate of any Bankrupt or debtor, either party may apply to the Court, and the Court may determine 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 con- cerning 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 assembled 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 in- equitable and not fit to be binding and conclusive under this Ordinance.
Goods in the posses-
sition of the Bankrupt
Power of the Court over certain descriptions of property.
XCVII. If any Bankrupt at the time he becomes Bankrupt shall, by the consent sion, order, or dispo- and permission of the true owner thereof, have in his possession order or disposition, any to be deemed his pro- goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration or disposition as owner, the Court may order the same to be sold
perty.