THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
As to the last Examination.
301
LXI. The Court shall forthwith after the meeting for the choice of an Assignee Sitting for last ex- by the Creditors appoint a Public Sitting on a day not later than Sixty Days from the amination. date of such meeting and shall give notice of such Sitting in the Hongkong Government Gazette for the Bankrupt to pass his last examination and the Court may from time to time enlarge, the time appointed for such Sitting or may adjourn the same.
rupt.
LXII. The Bankrupt shall prepare such statements of his accounts and in such Statement of Bank- form as General Orders or the Court shall direct, and shall subscribe such statement and shall file the same in Court Ten Days at least before the day appointed for the last examination or adjournment thereof, and such statement may before such last examina- tion be amended from time to time as occasion may require and the Court shall direct, and the Bankrupt shall make oath of the truth of such statement whenever he shall be duly required by the Court so to do, and the last examination of the Bankrupt shall in no case be passed unless his Statement shall have been duly filed as aforesaid.
inspection.
LXIII. The Statement of Accounts when filed in Court shall be open to the in- Statement of Ac- spection of all Creditors who may take Copies of and extracts from the same, subject to counts to be open to such Regulations as the Court or General Order may direct: and an abstract thereof shall be made, and a copy of such abstract may be sent by post if the Court shall so direct within a week from the filing thereof by the Official Assignee to each creditor who has proved.
signee in preparing
LXIV. In the preparation of such statement of his accounts, the Bankrupt shall Bankrupt to be as- be assisted by the Official Assignee, who shall prepare and file in Court together with sisted by Official As- such statement a report upon the state of the affairs of the Bankrupt setting forth such statement of accounts. 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 neces- sary 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 state- ments so prepared shall have appended thereto a certificate signed by the person ap- pointed to assist the Bankrupt in the preparation thereof expressing his approval or dis-approval thereof and the particulars and reasons of such dis-approval.
As to the Official Assignee.
cial Assignee.
possession of
LXV. Forthwith after adjudication the Court shall appoint an Official Assignee. Court to appoint Off- LXVI. Immediately on adjudication it shall be the duty of the Official Assignee official Assignee to to take possession of the Bankrupt's estate, and to retain possession thereof until the take
Bankrupts property. 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 Assignce, and the Official Assignec may be directed by the Court to give up such possession to such person as the Court shall see fit.
till Creditors Assignees
or otherwise dispose of
LXVII. Until Assignees shall be chosen by the creditors of the Bankrupt and official Assignee to appointed by the Court the Official Assignee shall to all intents and purposes whatsoever act as sole Assignee be deemed to be the sole Assignee of the Bankrupt's estate and effects: and if the chosen, and may sell Court shall so order, may, before Assignees shall be chosen by the creditors, sell or property of a perish- otherwise dispose of any property of a Bankrupt which shall be of a perishable nature, able nature, &c. 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 choice, in directing the time and manner of effecting any sale of a Bankrupt's estate or effects.
acts done in execution
LXVIII. No Official Assignee shall be personally responsible or liable for any act official Assignee not done by him, or by his order or authority, in the execution of his duty as such Official personally liable for Assignee, by reason of the petitioning creditors, debt or act of Bankruptcy upon which of his duty or for re- any adjudication shall have been grounded, or of any or either of such matters, being ceipt of bills or money, insufficient to support such adjudication: and no Official Assignee shall be deemed tions being performed.
upon certain condi-
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