THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
have in writing assented to or approved of such deed or instrument, and also stating the amount in value of the property and credits of the Debtor comprised in such deed.
7. Immediately on the execution thereof by the Debtor, possession of all the pro- perty comprised therein, of which the Debtor can give or order possession shall be given to the trustees.
179
Particulars of deed
to be entered by.
published in the Hong- kong Government
Gazette.
Deed to be register-
CLXIV. The date, names and descriptions of the parties to every such deed or instrument, not including the Creditors, together with a short statement of the nature and effect thereof, shall be entered by the Registrar in a book to be kept exclusively for the purposes of such registration. Such entry shall be made within forty-eight hours after the deed shall have been left at the Office as aforesaid, and a copy of such Copy of entry to be entry shall be published in the Hongkong Government Gazette as soon as reasonably can be done after, but in no case later than Ten days from, the time of making such entry.
CLXV. Every deed, instrument, or agreement whatsoever, made and executed by which a Debtor not being a Bankrupt conveys or covenants or agrees to convey his estate and effects except such portion thereof as aforesaid for the benefit of his Creditors, ceived in evidence. or makes any arrangement or agreement with his Creditors or any person on their behalf for the distribution, inspection, conduct, management, or winding up of his affairs or estate, or the release or discharge of such Debtor from his debts or liabilities, shall, within twenty-eight days from and after the execution thereof by such Debtor or within such further time as the Court shall allow, be registered in the Court: and in default thereof shall not be received in evidence.
ed in the Court and in default not to be re-
Memorandum
CLXVI. Every such deed on being so registered as aforesaid, shall have a memo- randum thereof written on the face of such deed, stating the day and the hour of the registration. day at which the same was brought into the office of the Registrar for registration.
of
Court and rights and
deed.
CLXVII. From and after the registration of every such deed or instrument in Jurisdiction of the manner aforesaid, the Debtor and Creditors, and trustees parties to such deed, or who liabilities of the parties have assented thereto or are bound thereby, shall in all matters relating to the estate and after registration of effects of such Debtor be subject to the jurisdiction of the Court, and shall respectively have the benefit of and be liable to all the provisions of this Ordinance, in the same or like manner as if the Debtor had been adjudged Bankrupt, and the Creditors had proved and the trustees had been appointed Creditors' Assignees under such bankruptcy: and the existing or future trustees of any such deed or instrument and the Creditors under the same, shall as between themselves respectively, and as between themselves and the Debtor and against third persons, have the same powers, right and remedies, with respect to the Debtor and his estate and effects, and the collection and recovery of the same, as are possessed or may be used or exercised by Assignees or Creditors with re- spect to the Bankrupt, or his acts, estate and effects in bankruptcy: and, except where the deed shall expressly provide otherwise, the Court shall determine all questions arising under the deed according to the law and practice in bankruptcy so far as they may be applicable, and shall have power to make and enforce all such orders as it would be authorized to do if the Debtor in such deed had been adjudged bankrupt and his estate were administered in bankruptcy.
CLXVIII. After the copy of the entry made by the Registrar as aforesaid shall have been published in the Hongkong Government Gazette no execution, or other process against the Debtor's property in respect of any debt, and no process against his person in respect of any debt, other than such process by writ or warrant as may be had against a Debtor about to depart out of the Colony shall be available to any Creditor or claimant without leave of the Court: and a certificate of the filing and registration of such deed under the hand of the Registrar and the seal of the Court shall be available to the Debtor for all purposes as a protection in bankruptcy.
Protection of debtor tration, &c., of deed.
after notice of regis-
of deed
CLXIX. In case any petition shall be presented for an adjudication against a Debtor, Stay of proceedings after his execution of such deed or instrument as is hereinbefore described and pending execution
in Bankruptcy after the time allowed for the registration of such deed or instrument, all proceedings under pending time allowed
for its registration. such petition may be stayed if the Court shall think fit: and in case such deed or instru- ment shall be duly registered as aforesaid the petition shall be dismissed.
case
Debtor cannot obtain
CLXX. If a Debtor cannot obtain the assent of a majority in number represent- Provision in ing three-fourths in value, of his Creditors, by reason of his being unable to ascertain by requisite assent of Cre- whom bills of exchange, promissory notes, or other negotiable securities accepted, drawn, ditors. made, or endorsed by him are holden, or by reason of the adsence of Creditors in a foreign country or other similar circumstances, it shall be sufficient if he obtain the