1890_BANKRUPTCY_AND_INSOLVENCY_ORDINANCE — Page 26

HK Historical Laws 香港歷史法例 All AI Reviewed

ORDINANCE No. 5 OF 1864.

Bankruptcy and Insolvency.

Court may either appoint the Official Assignee to act jointly with such Creditors' Assignee, or remove such Creditors' Assignee, and direct a choice of another Creditors' Assignee or appoint the 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.

605

84. All powers vested in any bankrupt which he might legally execute 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.

have all powers bankrupt might have had.

Certificate of appointment to be registered where any conveyance of bankrupt's property to be registered.

85. Where according to law any conveyance or assignment of any real or personal property of a bankrupt would be required to be registered, enrolled, or recorded in any Registry Office in Hongkong, then and in every such case the certificate of appointment of assignees of the estate and effects of the bankrupt shall be registered in the Registry Office, or place wherein such conveyance or assignment 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 registry 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 bankrupt to join in conveyance.

86. The Court may, upon the application of the assignees, or of any purchaser 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.

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ORDINANCE No. 5 OF 1864. Bankruptcy and Insolvency. Court may either appoint the Official Assignee to act jointly with such Creditors' Assignee, or remove such Creditors' Assignee, and direct a choice of another Creditors' Assignee or appoint the 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. 605 84. All powers vested in any bankrupt which he might legally execute 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. have all powers bankrupt might have had. Certificate of appointment to be registered where any conveyance of bankrupt's property to be registered. 85. Where according to law any conveyance or assignment of any real or personal property of a bankrupt would be required to be registered, enrolled, or recorded in any Registry Office in Hongkong, then and in every such case the certificate of appointment of assignees of the estate and effects of the bankrupt shall be registered in the Registry Office, or place wherein such conveyance or assignment 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 registry 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 bankrupt to join in conveyance. 86. The Court may, upon the application of the assignees, or of any purchaser 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.
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ORDINANCE No. 5 OF 1864. Bankruptcy and Insolvency. Court may either appoint the Official Assignee to act jointly with such Creditors' Assignee, or remove such Creditors' Assignee, and direct a choice of another Creditors' Assignee or appoint the 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. 605 84. All powers vested in any bankrupt which he might legally Assignees to execute 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. have all powers bankrupt might have had. Certificate of appointment to be register- ed where any conveyance of bankrupt's property to be registered. 85. Where according to law any conveyance or assignment of any real or personal property of a bankrupt would be required to be registered, of assignees enrolled, or recorded in any Registry Office in Hongkong, then and in every such case the certificate of appointment of assignees of the estate and effects of the bankrupt shall be registered in the Registry Office, would require Court or place wherein such conveyance or assignment 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 registry 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. order bank- rupt to join in convey- ance.. 86. The Court may, upen the application of the assignees, or of Court may any purchaser 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 con- veyanc 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.
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ORDINANCE No. 5 OF 1864.

Bankruptcy and Insolvency.

Court may either appoint the Official Assignee to act jointly with such Creditors' Assignee, or remove such Creditors' Assignee, and direct a choice of another Creditors' Assignee or appoint the 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.

605

84. All powers vested in any bankrupt which he might legally Assignees to execute 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.

have all powers bankrupt might have had.

Certificate of appointment

to be register- ed where any conveyance of bankrupt's property

to be

registered.

85. Where according to law any conveyance or assignment of any real or personal property of a bankrupt would be required to be registered, of assignees enrolled, or recorded in any Registry Office in Hongkong, then and in every such case the certificate of appointment of assignees of the estate and effects of the bankrupt shall be registered in the Registry Office, would require Court or place wherein such conveyance or assignment 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 registry 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.

order bank- rupt to join in convey-

ance..

86. The Court may, upen the application of the assignees, or of Court may any purchaser 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 con- veyanc

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.

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