THE HONGKONG GOVERNMENT GAZETTE, 31st OCTOBER, 1863.
forthwith cause the notice of adjudication to be advertised and appoint the sittings for the Bankrupt to surrender and conform.
299
son, Court may ap-
LIII. Whenever any Bankrupt is in Prison or in custody under any process, If Bankrupt in pri- attachment, execution, commitment or sentence, the Court may appoint a person to point a Person to at- attend him from time to time to produce to him his books, papers and writings, in tend him. order that he may prepare his balance sheet and show the particulars of his estate and effects.
to vest in the Assig-
nees.
LIV. When any person shall have been adjudged a Bankrupt all his personal Bankrupts Property estate and effects present and future wheresoever the same may be found or known and all property which he may purchase, or which may revert, descend be devised or bequeathed, or come to him before he shall have obtained his discharge, and all Debts due, or to be due to him, wheresoever the same may be found or known, and the property right and interest in such Debts, shall become absolutely vested in the Official Assignee for the time being for the benefit of the Creditors of the Bankrupt by virtue of their appointment, and after such appointment neither the Bankrupt nor any person claiming through or under him shall have power to recover the same nor to make any release or discharge thereof neither shall the same be attached as the Debt of the Bank- rupt, or otherwise, but such Assignees shall have like remedy to recover the same in their own names, as the Bankrupt himself might have had if he had not been adjudged Bankrupt.
Bankrupt may re- tain Household Fur-
LV. Provided that every person who shall be so adjudged Bankrupt, shall be en- titled to retain for the use of himself and family, under the name of excepted articles, niture, &c. such articles of household furniture, and tools and implements of trade and other like necessaries as he shall specify and select; not exceeding in the whole the value of Twenty Pounds, and such excepted articles shall not be subject to be sold or disposed of in the Bankruptcy, nor to be taken in execution at the suit of any Creditor entitled to prove under the Bankruptcy: and in all cases there shall be filed with the proceedings in the Court an Inventory of such excepted articles: and if it shall appear to the Court that the value of the excepted articles retained by the Bankrupt exceed Twenty Pounds the Court may order so much of such articles as it shall see fit to be given up to the Assignees.
nee.
Bankrupts lands,
LVI. When any person shall have been adjudged a Bankrupt all lands, tene- ments, hereditaments, in any of the Dominions, Plantations or Colonies belonging to Her &c., to vest in Assig- Majesty, to which any Bankrupt is entitled and all interest to which such Bankrupt is entitled in any of such lands, tenements or hereditaments and of which he might according to the laws of the several Countries, Dominions, Plantations or Colonies, have disposed, and all such lands, tenements and hereditaments as he shall purchase, or shall descend, be devised revert to or come to such Bankrupt before he shall have ob tained his discharge, and all deeds, papers and writings respecting the same, shall become absolutely vested in the Official Assignee for the time being for the benefit of the Creditors of the Bankrupt, by virtue of his appointment, without any deed of conveyance for that purpose: and as often as any such Assignee or Assignees shall die or be lawfully removed or displaced, and a new Assignce or Assignees shall be duly appointed, such of the aforesaid estate as shall remain unsold or unconveyed, shall, by virtue of such appointment vest in the new Assignee or Assignees either alone or jointly with the existing Assignee as the case may require without any conveyance for that
purpose.
tled to Bankrupts Pension, &c., but
thereof for benefit of
LVII. Nothing in this Ordinance contained shall extend to entitle the Assignee Assignees hot cnti- or Assignees of the estate and effects of any Bankrupt being or having been an Officer te kupt of the Army or Navy or an Officer or Clerk or otherwise employed or engaged in the Court may order part Service of Her Majesty in any Civil or Military Office, or being otherwise in the enjoy-Creditors. ment of any Pension whatever under any Department of Her Majesty's Government, to the Pay, IIalf-pay, Salary, Emoluments, or Pension of any such Bankrupt for the purposes of this Ordinance: Provided that the Court may order such portion of the Pay, Half-pay, Salary, Emoluments or Pension of any such Bankrupt, as on communi- cation from the said Court, the Secretary at War, or the Lords Commissioners of the Admiralty, or the Commissioners of Excise, or the Chief Officer of the Department to which such Bankrupt may belong or have belonged, may officially consent to in writing,, to be paid to such Assignee or Assignees in order that the same may be applied in payment of the Debts of such Bankrupt: and such Order and Consent being lodged in the Office of Her Majesty's Paymaster General, or of any other Officer or person ap- pointed to pay or paying any such Pay, Half-pay, Salary, Emoluments or Pension, such
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