630
Protection of debtor after notice of registration, &c., of deed.
Stay of proceedings in bankruptcy after execution of deed pending time allowed for its registration.
Provision in case debtor cannot obtain requisite assent of Creditors.
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
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.
168. After the copy of the entry made by the Registrar as aforesaid shall have been published in the Hongkong Government Gazette no execution, 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 registration of such deed under the hand of the Registrar and the seal of the Court shall be available to the debtor for all purposes as a protection in bankruptcy.
169. In case any petition shall be presented for an adjudication against a debtor after his execution of such deed or instrument as is hereinbefore described and pending the time allowed for the registration of such deed or instrument, all proceedings under such petition may be stayed if the Court shall think fit: and in case such deed or instrument shall be duly registered as aforesaid the petition shall be dismissed.
170. If a debtor cannot obtain the assent of a majority in number representing three-fourths in value, of his creditors, by reason of his being unable to ascertain by whom bills of exchange, promissory notes, or other negotiable securities accepted, drawn, made, or endorsed by him are holden, or by reason of the absence of creditors in a foreign country or other similar circumstances, it shall be sufficient if he obtain the consent of a majority in number representing three-fourths in value of all his other creditors to such deed or instrument as aforesaid: Provided that notice shall have been inserted by or on behalf of the debtor in one or more newspapers published in the Colony or place at which he shall have carried on business immediately prior to the date of such deed or instrument, requiring his creditors to signify their assent to or dissent from such deed or instrument by notice in writing addressed to the trustee or trustees thereof within fourteen days from the insertion of such notice, and that the affidavit or certificate of the trustee or trustees shall state the circumstances of the case, and the same shall be allowed by the Court, and if the deed or instrument be in such form as is hereinbefore provided which shall vest all the estate and effects of the debtor, in the
630
Protection of debtor after. notice of registration, &c., of deed.
Stay of pro- ceedings in bankruptcy after execu tion of deed pending time allowed for its registra. tion,
Provision in
case debtor
requisite
assent of Creditors.
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
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.
168. After the copy of the entry made by the Registrar as aforesaid shall have been published in the Hongkong Government Gazette no execution, 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 registration of such deed under the hand of the Registrar and the seal of the Court shall be available to the debtor for all purposes as a protection in bank- ruptcy.
169. In case any petition shall be presented for an adjudication against a debtor after his execution of such deed or instrument as is hereinbefore described and pending the time allowed for the registration of such deed or instrument, all proceedings under such petition may be stayed if the Court shall think fit: and in case such deed or instrument shall be duly registered as aforesaid the petition shall be dismissed.
170. If a debtor cannot obtain the assent of a majority in number cannot obtain representing three-fourths in value, of his creditors, by reason of his being unable to ascertain by whom bills of exchange, promissory notes, or other negotiable securities accepted, drawn, made, or endorsed by him are holden, or by reason of the absence of creditors in a foreign country or other similar circumstances, it shall be sufficient if he obtain the consent of a majority in number representing three-fourths in value of all his other creditors to such deed or instrument as aforesaid: Provided that notice shall have been inserted by or on behalf of the debtor in one or more newspapers published in the Colony or place at which he shall have carried on business immediately prior to the date of such deed or instrument, requiring his creditors to signify their assent to or dissent from such deed or instrument by notice in writing addressed to the trustee or trustees thereof within fourteen days from the insertion of such notice, and that the affidavit or certificate of the trustee or trustees shall state the circumstances of the case, and the same shall be allowed by the
Court, and if the deed or instrument be in such form as is heremore
provided which shall vest all the estate and effects of the debtor, in the
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