Directory_and_Chronicle_1917 — Page 494

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ppointment and duties of Receiver.

Appointment of Special Manager.

Appointment

Trustee.

RULES OF SUPREME COURT IN CHINA

by the debtor under the provisions of the Bankruptcy Acts, 1883 and 1890.

270.-(1) On the hearing of a bankruptcy petition the Court may make a receiving order and appoint a Receiver of the property of the debtor. (2) The Receiver, unless he is an officer of the Court, shall give such security as the Court may direct.

(3) Save as provided by these Rules the Receiver shall exercise the power and perform the duties of an official Receiver under the Bank-- ruptcy Acts, 1883 and 1890. He may be removed by the Court.

(4) In the case of the death, incapacity, or removal of a Receiver the Court shall appoint another Receiver in his place.

(5) The remuneration of the Receiver shall be fixed at the first meeting of creditors, and shall be approved by the Court. If it is not so fixed or if it appears to be inadequate, the Court may, on the application of the Receiver, fix his remuneration.

271. The powers of an Official Receiver with respect to the appoint- ment of a Special Manager under section 12 of the Bankruptcy Act, 1883, shall be exercised by the Court, and any Special Manager may be removed by the Court.

272.-(1) The appointment by the creditors of a Trustee under and duties to section 21 of the Bankruptcy Act, 1883, shall be subject to the approval of the Court, and if the Trustee is so approved he shall give security to the satisfaction of the Court.

Duties as to

debtor's con- duct and estate.

(2) The Receiver may be appointed Trustee.

(3) The Court may disapprove the appointment on any ground on which the Board of Trade may object to the appointment of a Trustee under section 21 (2) of the Bankruptcy Act, 1883.

(4) The Trustee shall furnish to the Court such a report with respect to the bankrupt's conduct and affairs as is required to be made by the Official Receiver under section 8 (2) of the Bankruptcy Act, 1890, The report shall be filed in the Registry, and shall be considered by the Court at the hearing of the bankrupt's application for discharge.

(5) If a vacancy occurs in the office of Trustee, the Court may appoint a fit person, who may be an officer of the Court, to act as Receiver and Manager until another Trustee is appointed. The person so appointed shall forthwith call a meeting of creditors for the purpose- of filling the vacancy.

273. Save as provided in these Rules, it shall be the duty of the Receiver or Trustee, as the case may be, to perform the duties of the Official Receiver under sections 69 and 70 of the Bankruptcy Act, 1883.- 274.-(1) The powers of the Board of Trade or of the Court on the of Bankruptcy application or representation of the Board of Trade shall in China and

Corea be exercised by the Court itself.

Modification

of provisions

Acts.

Probate.

Administration

(2) Any notice required under the Bankruptcy Acts or Rules to be published in the London Gazette shall be deemed to be duly published if it is published in such manner as the Court may direct in China or Corea, Hongkong, the United Kingdom, or elsewhere.

Probate and Administration.

275. Probate may be granted to the executors of any person having property within the jurisdiction of the Court who shall die leaving a will.

276. Letters of administration may be granted to the next-of-kin being of the age of 21 years of any person having property within the jurisdiction of the Court, or, failing the next-of kin or if the next-of-kin shall not appear on citation, then to the Registrar or some other person to be appointed by the Court.