718598-1863-HONGKONG-ANNO-VICESIMO-SEPTIMO-VICTORIE-REGINE-NO--OF-1863- — Page 28

THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.

8. Immediately on the execution thereof by the Debtor, possession of all the pro- perty comprised therein, of which the Debtor can give or order possession shall be given

to the trustees.

CLXIX. The date, names and descriptions of the parties to every such deed or instrument, not including the Creditors, together with a short statement of the nature and effect thereof, shall be entered by the

in a book to be kept exclusively

317

Particulars of deed to be entered by.

for the purposes of such registration. Such entry shall be made within forty-eight hours after the deed shall have been left with the

as aforesaid, and a copy of Copy of entry to be such entry shall be published in the Hongkong Government Gazette within four days on Government after the making of such entry.

Gazette.

ed in the Court and in

ceived in evidence.

CLXX. Every deed, instrument, or agreement whatsoever, made and executed by Deed to be register- which a Debtor not being a Bankrupt conveys or covenants or agrees to convey his default not to be re- estate and effects for the benefit of his Creditors, or makes any arrangement or agree- ment with his Creditors or any person on their behalf for the distribution, inspection, conduct, management, or winding up of his affairs or estate, or the release or discharge of such Debtor from his debts or liabilities, shall, within twenty-eight days from and after the execution thereof by such Debtor or within such further time as the Court shall allow, be registered in the Court: and in default thereof shall not be received in evidence.

Stamp duties on

CLXXI. No deed or instrument whatever required to be registered as aforesaid shall be registered unless in addition to the ordinary stamp duty it also be impressed decds. with or have affixed to it a stamp denoting a duty computed at the rate of five shillings upon every hundred pounds or fraction of an hundred pounds, of the sworn or certified. No deed to be regis- value of the estate or effects comprised in, or to be collected or distributed under, such ed. deed or instrument: Provided that the maximum of ad valorem duty payable in respect of any such deed or instrument shall be two hundred pounds.

CLXXII. Every such deed on being so registered as aforesaid, shall have a memo- randum thereof written on the face of such deed, stating the day and the hour of the day at which the same was brought into the office of the

for registration.

tered unless so stamp-

Memorandum of registration.

liabilities of the parties

CLXXIII. From and after the registration of every such deed or instrument in Jurisdiction of the CLXXIII. manner aforesaid, the Debtor and Creditors, and trustees parties to such deed, or who Court and rights and have assented thereto or are bound thereby, shall in all matters relating to the estate and after registration of effects of such Debtor be subject to the jurisdiction of the Court, and shall respectively deed. have the benefit of and be liable to all the provisions of this Ordinance, in the same or like manner as if the Debtor had been adjudged Bankrupt, and the Creditors had proved and the trustees had been appointed Creditors' Assignees under such bankruptcy: and the existing or future trustees of any such deed or instrument and the Creditors under the

same, shall as between themselves respectively, and as between themselves and the Debtor and against third persons, have the same powers, rights and remedies, with respect to the Debtor and his estate and effects, and the collection and recovery of the same, as are possessed or may be used or exercised by Assignees or Creditors with re- spect to the Bankrupt, cr his acts, estate and effects in bankruptcy: and, except where the deed shall expressly provide otherwise, the Court shall determine all questions arising under the deed according to the law and practice in bankruptcy so far as they may be applicable, and shall have power to make and enforce all such orders as it would be authorized to do if the Debtor in such deed had been adjudged bankrupt and his estate were administered in bankruptcy.

CLXXIV. After the copy of the entry made by the

as aforesaid shall Protection of debtor have been published in the Hongkong Government Gazette no execution, sequestration, iration, &c., of deed.

after notice of regis- or other process against the Debtor's property in respect of any debt, and no process against his person in respect of any debt, other than such process by writ or warrant as may be had against a Debtor about to depart out of the Colony shall be available to any Creditor or claimant without leave of the Court: and a certificate of the filing and re- gistration of such deed under the hand of the

and the seal of the Court

shall be available to the Debtor for all purposes as a protection in bankruptcy.

of deed

CLXXV. In case any petition shall be presented for an adjudication against a Debtor. Stay of proceedings after his execution of such deed or instrument as is hereinbefore described and pending execution

in, Bankruptcy after the time allowed for the registration of such deed or instrument, all proceedings under pending time allowed such petition may be stayed if the Court shall think fit: and in case such deed or instru- for its registration. ment shall be duly registered as aforesaid the petition shall be dismissed.

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