1


-600 ORDINANCE No. 5 OF 1864.


Bankruptcy and Insolvency.


Bankrupt to 63. In the preparation of such statement of his accounts , the bank
be assisted
by Official rupt shall be assisted by the Official Assignee, who shall prepare and
Assignee in
preparing file in Court together with such statement a report upon the state of the
statement of
accounts. 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 ren

dering it necessary that the bankrupt should be assisted in the prepara
tion 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 bank
rupt'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 partic
ulars and reasons of such disapproval .

As to the Official Assignee.

Official 64. Immediately on adjudication it shall be the duty of the Official
Assignee
to take Assignee to take possession of the bankrupt's estate, and to retain pos
possession of
bankrupt's session thereof until the appointment of a creditor's assignee ; but if such
property.
Official Assignee, or if the Court , upon the representation of any credit
or, 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 Assignce, and
the Official Assignee may be directed by the Court to give up such pos
session to such person as the Court shall see fit.

Official 65. Until Assignees shall be chosen by the creditors of the bank
Assignee to
act as sole rupt and appointed by the Court, the Official Assignee shall to all intents
assignee till
Creditors' and purposes whatsoever be deemed to be the sole assignee of the bank
Assignees
chosen, and rupt's estate and effects : and if the Court shall so order, may, before
may sell or
otherwise assignees shall be chosen by the creditors , sell or otherwise dispose of
dispose of
property of a any property of a bankrupt which shall be of a perishable nature , or the
perishable
nature, &c. 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

Share This Page