THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
appointment shall be registered as aforesaid within two months from the date of such appointment.
conveyance.
167
LXXXVI. The Court may, upon the application of the Assignees, or of any pur- Court may order chaser from them of any part of the Bankrupt's estate, if it shall see fit, order the Bankrupt to join in Bankrupt to join in any conveyance of such estate or any part thereof: and if he shall not execute such conveyance within the time directed by the order, such Bankrupt and all persons claiming under him shall be stopped from objecting to the validity of such conveyance: and all estate, right, or title which such Bankrupt had therein shall be as effectually barred by such order as if such conveyance had been executed by him.
granted by Bankrupt
LXXXVII. If any Bankrupt shall have granted, conveyed, assured or pledged, Conditional estate any real or personal estate, or deposited any deed, such grant, conveyance, assurance, may be redeemed by pledge or deposit being upon condition or power of redemption, at a future day, by Assignees. payment of money or otherwise, the Assignees may, before the time of the performance of such condition, make tender, or payment of money, or other performance, according to such condition, as fully as the Bankrupt might have done: and after such tender, payment or performance, such real or personal estate may be sold and disposed of for the benefit of the creditors.
ject to the order of the
LXXXVIII. The Assignees shall be subject to the orders of the Court in their Assignees to be sub- conduct as Assignees: and the Court may at all times summon the Assignees, and Court. require them to produce all books, papers, deeds, writings, or other documents relating to the Bankruptcy in their possession, and direct them to pay and deliver over to the Official Assignee, all monies, books, papers, deeds, writings and other documents which may have come to their possession as Assignees.
becomes Bankrupt
of Assignees and of
LXXXIX. If any person adjudged Bankrupt shall at the time of the adjudication,, Ifa member of a firm be a member of a firm the Court may authorize the Assignees upon their application Court may authorise to commence or prosecute any action at law or suit in equity, in the name of such action or suit in name Assignees and of the remaining partner, against any debtor of the partnership, and such remaining partner. Judgment, Decree, or Order may be obtained therein as if such action or suit had been instituted with the consent of such partner, and if such partner shall execute any release of the debt or demand for which such action or suit is instituted, such re- lease shall be void: Provided that every such partner shall have notice given him of such application, and be at liberty to show cause against it, and if no benefit be claimed by him by virtue of the said proceedings, shall be indemnified against the payment of any costs in respect of such action or suit, in such manner as the Court may direct: and such Court may, upon the application of such partner, direct that he may receive so much of the proceeds of such action or suit as the Court shall direct.
tute or defend actions for
and submit disputes to
XC. The Assignees with the leave of the Court first obtained upon application Assignees may insti- to such Court but not otherwise, may commence, prosecute or defend, any action at and compound law or suit in equity which the Bankrupt might have commenced and prosecuted or debts due to the estate, defended, and in such case, the costs to which they may be put in respect of such suit arbitration. or action shall be allowed out of the proceeds of the estate and effects of the Bankrupt: and with like leave of the Court, after notice to such creditors and subject to such conditions (if any) as to obtaining the consent of creditors, or any proportion of them, as the Court shall think fit to direct, the Assignees may take such reasonable part of any debts due to Bankrupt's estate as may by composition be gotten, or may give time or take security for the payment of such debts: and may submit to arbitration any dif ference or dispute between the Assignees and any other person, for or on account, or by reason of anything relating to the estate and effects of the Bankrupt.
If petition or adju- dication he annulled
have recovered or who
charged from claims
XCI. All persons from whom the Assignees shall have recovered any real or personal estate, either by Judgment or decree, are hereby discharged in case the persons from adjudication or petition for adjudication, be afterwards annulled or dismissed from all whom the Assignees demands which may thereafter be made in respect of the same by the person against have bona fide paid whom such adjudication was made, and all persons claiming under him; and all persons the Assignees, &c., dis- who shall without action or suit, bonâ fide deliver up possession of any real or personal by the Bankrupt. estate to the Assignees, or pay any debt claimed by them, are hereby discharged from all claim of any such person as aforesaid, in respect of the same or any person claiming under him: Provided the persons so delivering up any real or personal estate or paying any debt, shall not have had notice of an action, suit, or other proceeding to dispute or annul the adjudication or petition for adjudication, and such action, suit, or other pro- ceeding shall not have been commenced and prosecuted within the time and in manner allowed by this Ordinance.
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