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THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
Court may appoint another Official As- signee on death.
First meeting of
debts.
personally answerable for, or by reason of his having received any money, bills, notes or other negotiable instruments under any Bankruptcy in his character of Official Assignee, provided he shall have paid and deposited such money, bills, notes or other negotiable instruments during the prosecution of the Bankruptcy to and in such bank as the Court shall by order direct to the credit of the particular estate for which such money, bills, notes or other negotiable instruments shall have been received, and shall have given notice of such payment or deposit (as the case may be) to any person claiming such money, bills, notes or other negotiable instruments of the Official Assignee and provided also that the Official Assignee after such payment or
deposit, shall not have dealt with such money, bills, notes or other negotiable instruments otherwise than in the execution of his duty as Official Assignee and under the order of the Court and if any action shall be brought against the Official Assignee, either solely or jointly with the Creditor's Assignee, in respect of such money, bills, notes or other negotiable instruments it shall be lawful for a Judge of the Court in which the same action shall be brought upon the application of the Official Assignee, and upon an affidavit of facts, to set aside the proceedings in such action so far as the Official Assignee is concerned, with such costs or without costs, as the Judge shall see fit.
LXIX. On the death or removal of any Official Assignee who shall have been appointed to act in any Bankruptcy, the Court shall have power to appoint another Official Assignee to act in such Bankruptcy.
As to First Meeting of Creditors.
LXX. As soon as conveniently may be after adjudication the Court shall appoint Creditors, and proof of a meeting of the creditors of which ten days notice shall be given in the Hongkong Government Gazette, and such meeting shall be held at such time and place as the Court shall appoint, and at such meeting such officer as the Court shall appoint for that purpose shall preside, and receive the proofs of the debts of the creditors: the Official Assignee shall attend, and give to the meeting the fullest information in his power of the estate and effects of the Bankrupt and of the debts due from his estate; and a majority in value of the creditors present may determine whether any allowance for support shall be made to the Bankrupt up to the time of passing his last examina- tion, and may fix the amount of such allowance if any be allowed.
Creditors to choose Assignee.
Petitioning creditor to proceed at his own
As to choice of Assignees and their Power.
LXXI. At the first meeting of creditors or at any adjournment thereof it shall be competent to the majority in value of the creditors who have proved debts to choose an Assignee or Assignees of the Bankrupts estate and effects to be called the Creditors' Assignee: Provided that the Court shall by certificate appoint such Assignee so chosen and shall have power to reject any person so chosen who shall appear to such Court unfit to be such Assignee and upon such rejection a new choice of Credi tors' Assignee and a new appointment shall be made.
LXXII. The petitioning creditor shall at his own cost file and prosecute his cost until choice of petition until the choice of Assignees by the creditors: and the Court shall at or Creditors Assignee. after the sitting for such choice make order for the payment thereof out of the estate of the Bankrupt in course of priority to be settled by any general order to be made in pursuance of this Ordinance.
Estate to vest in Creditors' Assignee.
Official Assignce to render account.
Creditors' Assignee may call for informa- tion.
No person to withhold possession of books..
LXXIII. Upon the appointment of the Creditors' Assignee all the estate both real and personal of the Bankrupt shall be divested out of the Official Assignee and vested in the Creditors' Assignee.
LXXIV. The Official Assignee shall forthwith render to the Creditors' Assignee a full and particular account or balance sheet of the Bankrupts estate, and of all receipts, payments and other transactions of such Official Assignee and also a list of all the Creditors of the Bankrupt who shall have proved their debts against the
estate.
LXXV. The Creditors' Assignee shall audit such account and may call for such information from the Official Assignee as he possesses concerning the estate.
LXXVI. No person shall be entitled as against the Official or Creditors' Assignee to withhold possession of books of account of the Bankrupt or to claim any lien
thercon.
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