162
THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
Bankrupt may re- tain Household Fur- niture, &c.
nee.
Bankrupt's lands,
Bankrupt, or otherwise, but such Assignees shall have like remedy to recover the same in their own names, as the Bankrupt himself might have had if he had not been adjudged Bankrupt.
LIV. Provided that every person who shall be so adjudged Bankrupt, shall be en- titled to retain for the use of himself and family, under the name of excepted articles, such articles of household furniture, and tools and implements of trade and other like necessaries as he shall specify and select; not exceeding in the whole the value of One hundred Dollars, and such excepted articles shall not be subject to be sold or disposed of in the Bankruptcy, nor to be taken in execution at the suit of any Cre- ditor entitled to prove under the Bankruptcy: and in all cases there shall be filed with the proceedings in the Court an Inventory of such excepted articles: and if it shall appear to the Court that the value of the excepted articles retained by the Bankrupt exceed One hundred Dollars, the Court may order so much of such articles as it shall see fit to be given up to the Assignees.
LV. When any person shall have been adjudged a Bankrupt, all lands, tene- &c., to vest in Assigments and hereditaments, to which any Bankrupt is entitled, and all interest to which such Bankrupt is entitled in any of such lands, tenements or hereditaments, and of which he might have disposed, and all such lands, tenements and hereditaments as he shall purchase, or shall descend, be devised, revert to, or come to such Bankrupt before he shall have obtained his discharge, and all deeds, papers and writings respecting the same, shall become absolutely vested in the Official or other Assignee for the time being for the benefit of the Creditors of the Bankrupt, by virtue of his appointment, without any deed of conveyance for that purpose: and as often as any such Assignee or Assignees shall die or be lawfully removed or displaced, and a new Assignee or Assignees shall be duly appointed, such of the aforesaid estate as shall remain unsold or unconveyed, shall, by virtue of such appointment vest in the new Assignee or Assignees, either alone or jointly with the existing Assignee as the case may require, without any conveyance for that purpose.
Assignees not enti-
Pension, &c., but
LVI. Nothing in this Ordinance contained shall extend to entitle the Assignee tled to Bankrupts for Assignees of the estate and effects of any Bankrupt being or having been an Officer Court may order part of the Army or Navy or an Officer or Clerk or otherwise employed or engaged in the thereof for benefit of Service of Her Majesty in any Civil or Military Office, or being otherwise in the enjoy
Creditors.
If Bankrupt be not
to be free from arrest
der, &c., and if in Pri-
examined or to sarren-
except in certain ca- ses, order release.
ment of any Pension whatever under any Department of Her Majesty's Government, to the Pay, Half-pay, Salary, Emoluments, or Pension of any such Bankrupt for the purposes of this Ordinance: Provided that the Court may order such portion of the Pay, Half-pay, Salary, Emoluments or Pension of any such Bankrupt, as on communi- cation from the said Court, the Secretary at War, or the Lords Commissioners of the Admiralty, or the Commissioners of Excise, or the Chief Officer of the Department to which such Bankrupt may belong or have belonged, may officially consent to in writing, to be paid to such Assignee or Assignees, in order that the same may be applied in payment of the Debts of such Bankrupt: and such Order and Consent being lodged in the Office of Her Majesty's Paymaster General, or of any other Officer or person ap- pointed to pay or paying any such Pay, Half-pay, Salary, Emoluments or Pension, such portion of the said Pay, Half-pay, Salary, Emoluments or Pension as shall be specified in such Order and Consent shall be paid to the said Assignee or Assignees until the said Court shall make order to the contrary.
LVII. If the Bankrupt be not in prison or custody at the date of the adjudication in Prison or Custody, he shall be free from arrest or imprisonment by any Creditor in coming to surrender, in coming to surren- and after such surrender for such further time as shall be allowed him for finishing his son may be brought examination, and for such time after his examination until his discharge be allowed, up by Warrant to be as the Court shall from time to time by endorsement upon the Summons of such der, and if in Prison for Bankrupt think fit to appoint: and whenever any Bankrupt is in prison or in custody Debt the Court way, under any process, attachment, execution, commitment or sentence, the Court may, by Warrant directed to the person in whose custody he is confined, cause him to be brought before it at any Sitting either public or private, and if he be desirous to sur- render he shall be so brought up, and the expense thereof shall be paid out of his estate, and such person shall be indemnified by the Warrant of the Court for bringing up such Bankrupt: and where any Person who has been adjudged Bankrupt and has surrendered and obtained his protection from arrest, is in Prison or custody for Debt at the time of his obtaining such protection, the Court may, except in the cases hereinafter mentioned, order his immediate release, either absolutely or upon such conditions as it shall think fit: Provided always that the Court shall not order such release where it shall appear by any judgment, order, commitment or sentence
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