170
THE HONGKONG GOVERNMENT GAZETTE, 30тH APRIL, 1864.
Titles to property
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 subsisting 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.
CIII. No title to any real or personal estate sold under any Bankruptcy shall be gold not to be impeach- impeached by the Bankrupt, or any person claiming under him, in respect of any defect taken to anul and in the petition for adjudication, or in any of the proceedings under the same, unless the Bankrupt shall within the time allowed by this Ordinance have commenced proceedings to dispute or dismiss the petition or adjudication and duly prosecuted the same.
ed unless proceedings
duly prosecuted.
any Treasurer, &c., or
The Court after ad- CIV. After any adjudication shall have been advertised in the Hongkong Govern- judication may order ment Gazette, the Court may order any Treasurer or other officer or any banker, agent of the Bankrupt, attorney, or solicitor, or other agent of the Bankrupt, to pay and deliver over to the to deliver all moneys, Official Assignee all moneys, or securities for money, in his custody, possession, or power as such Treasurer, officer, banker, or agent, and which he is not by law entitled to retain as against the Bankrupt or his Assignee.
&c.
ances, contracts, &c.,
no notice of prior act of Bankruptcy.
As to transactions not affected by Bankruptcy.
Payments, convey- CV. Every payment really and bonâ fide made by any Bankrupt, or by any on his behalf, before the filing of a Petition for adjudication to any Creditor of executions against person lands (if executed by such Bankrupt, and every payment really and bona fide made to any Bankrupt before seizure) to be valid, if the filing of such Petition, and every conveyance by any Bankrupt bonâ fide made and executed before the filing of such Petition, and every contract, dealing, and transaction, by and with any Bankrupt really and bona fide made and entered into before the filing of such Petition, and every execution and attachment against the lands and tenements of any Bankrupt bona fide executed by seizure, and every execution and attachment against the goods and chattels of any Bankrupt bona fide executed and levied by seizure and sale before the filing of such Petition, shall be deemed to be valid, notwithstanding any prior act of Bankruptcy by such Bankrupt committed, provided that the person so dealing with, or paying to, or being paid by such Bankrupt, or at whose suit, or on whose account, such execution or attachment shall have issued, had not at the time of such payment, conveyance, contract dealing or transaction, or at the time of so execu- ting or levying such execution or attachment, or, at the time of making any sale there- But nothing herein under, notice of any prior act of Bankruptcy by him committed; Provided also, that payments &c., by way nothing herein contained shall be deemed or taken to give validity to any payment, or of fraudulent prefer- to any delivery or transfer of any goods or chattels made by any Bankrupt being a fraudulent preference of any Creditor, of such Bankrupt, or to any conveyance, or equitable mortgage made or given by any Bankrupt, by way of fraudulent preference any Creditor of such Bankrupt, or to any execution founded on a judgment on a warrant of Attorney or Cognovit Actionem, or Judge's order obtained by consent given by any Bankrupt by way of fraudulent preference.
to give validity to
ence.
by notice of act of
of
Bona fide purchases CVI. No purchase from any Bankrupt bona fide and for valuable consideration not to be impeached where the purchaser had notice at the time of such purchase of an act of Bankruptcy Bankruptcy, unless by such Bankrupt committed, shall be impeached by reason thereof unless a Petition for adjudication shall have been filed within Twelve months after such act of Bankruptcy.
petition filed within twelve months after the act of Bankruptcy.
Certain warrants of
& consents to Judge's
two months of filing
void.
CVII. Every warrant of Attorney to confess judgment in any personal action given attorney Cognovits, by any Bankrupt after the commencement of this Ordinance, and within Two months order given within next before the filing of a Petition for adjudication by or against such Bankrupt, and petition to be null and being wholly or in part for or in respect of an antecedent debt or money demand; and every Cognovit Actionem or consent to a Judge's order for Judgment given by any Bankrupt at any time after the commencement of this. Ordinance and within Two months next before the filing of any such Petition, in any action commenced by collusion with the Bankrupt and not adversely, or purporting to have been given in an action, but having been in fact given before the commencement of such action against the Bankrupt, such Bankrupt being unable to meet his engagements at the time of giving such warrant of Attorney, Cognovit Actionem, or consent (as the case may be) shall be null and void, as against the Assignees and Creditors under the Bankruptcy of such Debtor whether the same shall have been given by such Debtor in contemplation of Bankruptcy or not.
Provisions of 3 Geo.
4 c. 39 extended to Assignees.
CVIII. And whereas an Act passed the Imperial Parliament in the third Year of the Reign of His late Majesty King George the Fourth intituled An Act for preventing