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THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
On removal of Cre-
cial Assignee may be appointed.
documents relating to property or affairs in the possession or under the control of the Official Assignee or any other person.
LXXXVI. If the Creditors Assignee shall wilfully fail to observe any of the ditors Assignee, Offi- directions herein contained or shall be guilty of any neglect in the performance of his duty, or it shall be made to appear to the Court on the application of any two or more creditors that it would be for the benefit of the estate that such Creditors Assignee should not continue to have the management and administration of the Bankrupt's estate, the Court may either appoint an Official Assignee to act jointly with such Creditors Assignee, or remove such Creditors Assignee, and direct a choice of another Creditors Assignee or appoint an Official Assignee alone to wind up and administer the estate under the Bankruptcy and if a change of Assignees shall thereupon take place, the estate of the Bankrupt shall by order of the Court be divested out of the Assignee removed by the Court, and vested in the Assignee chosen or appointed under this Section.
Assignees to have LXXXVII. All powers vested in any Bankrupt which he might legally execute all powers Bankrupt for his own benefit, may be executed by the Assignees for the benefit of the creditors,
in such manner as the Bankrupt might have executed the same.
might have had.
Certificate of ap- pointment of Assignees
any
would require to be registered.
LXXXVIII. Where according to law any conveyance or assignment of any to be registered where real or personal property of a Bankrupt would be required to be registered, enrolled, conveyance of or recorded in any registry office in Hongkong, then and in every such case the cer Bankrupts properly tificate of appointment of Assignees of the estate and effects of the Bankrupt shall be registered in the registry office, Court or place wherein such conveyance or assign- ment would require to be registered, enrolled or recorded, and such registry shall have the like effect to all intents and purposes, as the registry, enrolment or recording of such conveyance or assignment would have had: and the title of any purchaser of any such property for valuable consideration without notice of the Bankruptcy, who shall have duly registered, enrolled or recorded his purchase deed previous to the re- gistry hereby directed, shall not be invalidated by reason of such appointment of Assignees, or of the vesting of such property in them consequent thereupon unless the certificate of such appointment shall be registered as aforesaid within two months from the date of such appointment.
Court may order
conveyance.
LXXXIX. The Court may upon the application of the Assignees, or of any pur- Bankrupt to join in chaser from them of any part of the Bankrupt's estate, if it shall see fit order the 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...
XC. If any Bankrupt shall have granted, conveyed, assured or pledged, any real granted by Bankrupt or personal estate, or deposited any deed, such grant, conveyance, assurance, pledge or deposit being upon condition or power of redemption at a future day by 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.
Conditional estate
may be redeemed by Assignees.
Assignees to be sub- ject to the order of the Court.
If a member of a
Court may authorise
of Assignees and of
XCI. The Assignees shall be subject to the orders of the Court in their conduct as Assignees and the Court may at all times summon the Assignees, and 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.
XCII. If any person adjudged Bankrupt shall at the time of the adjudication, be Arm become Bankrupt a member of a firm the Court may authorize the Assignees upon their application to action or suit in name commence or prosecute any action at law or suit in equity, in the name of such remaining partner. Assignees and of the remaining partner, against any debtor of the partnership, and such Judgment, Decrce, 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
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