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Bankrupt to be assisted by Official Assignee in preparing statement of accounts.
Official Assignee to take possession of bankrupt's property.
Official Assignee to act as sole assignee till Creditors' Assignees chosen, and may sell or otherwise dispose of property of a perishable nature, &c.
ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
63. In the preparation of such statement of his accounts, the bankrupt shall be assisted by the Official Assignee, who shall prepare and file in Court together with such statement a report upon the state of the affairs of the bankrupt setting forth such facts and particulars as may be required by the Court, or as it shall in the opinion of such assignee be important for the Court to be informed of: Provided that if it shall in any case appear to the Court that there are special circumstances rendering it necessary that the bankrupt should be assisted in the preparation of such statement of accounts by some person other than such Official Assignee, the Court may nominate such person to assist the bankrupt in that behalf, and may allow to such person out of the bankrupt's estate such remuneration as it shall think fit; and in such case the statements so prepared shall have appended thereto a certificate signed by the person appointed to assist the bankrupt in the preparation thereof expressing his approval or disapproval thereof and the particulars and reasons of such disapproval.
As to the Official Assignee.
64. Immediately on adjudication it shall be the duty of the Official Assignee to take possession of the bankrupt's estate, and to retain possession thereof until the appointment of a creditor's assignee; but if such Official Assignee, or if the Court, upon the representation of any creditor, shall be of opinion that the keeping possession of the bankrupt's property is not requisite for the due protection of the creditors, such possession shall not be taken or retained by the Official Assignee, and the Official Assignee may be directed by the Court to give up such possession to such person as the Court shall see fit.
65. Until Assignees shall be chosen by the creditors of the bankrupt and appointed by the Court, the Official Assignee shall to all intents and purposes whatsoever be deemed to be the sole assignee of the bankrupt's estate and effects: and if the Court shall so order, may, before assignees shall be chosen by the creditors, sell or otherwise dispose of any property of a bankrupt which shall be of a perishable nature, or the holding possession whereof until the choice of assignees would, in the judgment of the Court, be prejudicial to the bankrupt's estate: Provided always that nothing herein contained shall extend to authorise any Official Assignee to interfere with the assignees chosen by the creditors in the appointment or removal of a solicitor or attorney or after such