THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
such application, and be at liberty to show cause against it, and if no benefit be claimed by
him by virtue of the said proceedings shall be indemnified against the payment of any costs in respect of such action or suit, in such manner as the Court may direct: and such Court may upon the application of such partner direct that he may receive so much of the proceeds of such action or suit as the Court shall direct.
305
tute or defend actions
and submit disputes to arbitration.
XCIII, The Assignees with the leave of the Court first obtained upon application Assignees may insti- to such Court but not otherwise, may commence, prosecute or defend, any action at and compound for law or suit in equity which the Bankrupt might have commenced and prosecuted or debts due to the estate, defended, and in such case, the costs to which they may be put in respect of such suit or action shall be allowed out of the proceeds of the estate and effects of the Bank- rupt: and with like leave of the Court, after notice to such creditors and subject to such conditions (if any) as to obtaining the consent of creditors, or any proportion of them, as the Court shall think fit to direct, the Assignees may take such reasonable debts due to Bankrupt's estate as may by composition be gotten, or may part of any give time or take security for the payment of such debts: and may submit to arbi- tration any difference or dispute between the Assignees and any other person, for or on account, or by reason of anything relating to the estate and effects of the Bankrupt.
&c., persons from
have recovered or who
charged from claims
XCIV. All persons from whom the Assignees shall have recovered any real or If petition or adju- personal estate, either by Judgment or decree, are hereby discharged in case the dication be annulled adjudication or petition for adjudication, be afterwards annulled or dismissed from all whom the Assignees demands which inay thereafter be made in respect of the same by the person against have bona fide paid whom such adjudication was made, and all persons claiming under him; and all per- theAssignees, &c., dis- sons who shall without action or suit, bona fide deliver up possession of any real or by the Bankrupt. personal estate to the Assignees, or pay any debt claimed by them, are hereby dis charged from all claim of any such person as aforesaid, in respect of the same or any person claiming under him: Provided the persons so delivering up any real or per- sonal estate or paying any debt, shall not have had notice of an action, suit, or other proceeding to dispute or annul the adjudication or petition for adjudication, and such action, suit, or other proceeding shall not have been commenced and prosecuted within the time and in manner allowed by this Ordinance.
become Bankrupt his
in respect of such debt.
XCV. If any Assignee indebted to the estate of which he is such Assignee in If Assignee indebted respect of money being part of the estate of the Bankrupt retained or employed by to Bankrupts estate him, become Bankrupt and obtain his discharge it shall have the effect only of freeing discharge shall not re- his person from arrest and imprisonment; but his future effects (his tools of trade lease his future effects 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 five per cent per annum on the whole debt.
XCVI. 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 inay, 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 Assignce or Assignees, in the same manner as if he had originally commenced the same.
Suits not to abate by death or removal
of Assignees,
mence action before
elapsed, debtor to
XCVII. If the Assignee commence any action or suit for any money due to the If Assignees com- Bankrupt's estate, before the time allowed for the Bankrupt to dispute the Bankruptcy time allowed to dispute shall have clapsed any defendant in any such action or suit, shall be entitled, after the Bankrupcy has notice given to the Assignces, to pay the sale or any part thereof, into the Court in state may pay money which such action or suit is brought; and all proceedings with respect to the money into Court, 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.