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THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
Limitation of action.
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General issue.
Court may deter-.
between Assignees and
parties claiming under trust deeds.
XCVIII. 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 bringing 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 other taxation of costs by such officer.
as any
XCIX. In case of any claim, dispute or difference between the Official Assignee, the mine on all differences 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 concerning 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 inequitable and not fit to be binding and conclusive under this Ordinance.
Goods in the posses- sion, order, or dispo-
perty.
Power of the Court over certain descriptions of property.
C. If any Bankrupt at the time he becomes Bankrupt shall, by the consent and sition of the Bankrupt 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 Proviso for assign- and disposed of for the benefit of the creditors under the Bankruptcy: Provided that nothing herein contained shall invalidate or affect any transfer or assignment of any ship or vessel, or any share thereof, made as a security for any debt or debts either by way of mortgage or assignment, duly registered according to the provisions of any Act of the Imperial Parliament now or hereafter in force relating to the registering of British Vessels.
ments of vessels.
Power of Court over
certain conveyances, of &c., made by Bank- rupt.
Where Bankrupt beneficially entitled to
order for transfer.
any
CI. If any Bankrupt being at the time insolvent, shall (except upon the marriage. of his children or for some valuable consideration) have conveyed, assigned, or transferred to any person any hereditaments, offices fees annuities, leases, goods, or chattels, or have delivered or made over to any person any bills, bonds, notes, or other securities or have transferred his debts to any other person or into any other persons name, the Court may order the same to be sold and disposed of for the benefit of the creditors under the Bankruptcy and every such sale shall be valid against the Bankrupt and such persons and all persons claiming under him.
CII. If any Bankrupt shall have any Government funds or stock of any public stock, Court may make Company standing in his name or in his own right, the Court may by writing order all persons whose act or consent is thereto necessary to transfer the same into the name of the Assignees, and to pay all dividends upon the same to the Official Assignee; and all such persons whose act or consent is so necessary are hereby indemnified from all things done or permitted pursuant to such order.
Distress not to be available for more than
the
CIII. No distress for rent made and levied after an act of Bankruptcy upon one year's rent due. goods and effects of any Bankrupt whether before or after the filing of the petition for adjudication, shall be available for more than one year's rent, accrued prior to the day The Landlord to prove of the filing of such petition: but the landlord or persons to whom the rent shall be for the residue. due shall be allowed to come in as a creditor for the overplus of the rent due, and for
which the distress shall not be available.
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Discretion in Court
CIV. In any case where any person, against whom an adjudication may have been property in certain made under this Ordinance, may be entitled to any Annuity for his own life, or other
as to the disposal of
cases.
t