hongkong-colonial-ordinances-1847 — Page 148

10 COLONIAL ORDINANCES.


Effects of every such Prisoner, vested in such Provisional Assignee
by virtue of any such Order or Conveyance as aforesaid ; and if the
said Court shall so Order, to sell or otherwise dispose of such Goods,
Chattels, and Personal Estate, or any Part thereof, and of the Real
Estate of such Prisoner, according to the Provisions hereinafter made
with regard to the Sale of such Real Estate, and out of the Proceeds
of such Real and Personal Estate to defray, in the first place, all such
Paying the Expen- Costs and Expenses of taking possession or of seizing and selling the
ses, &c.
same, as shall be allowed by the said Court, and to account for the
Produce of such Sale or Disposition to the said Court ; and it shall
To sue in his own be lawful for the said Provisional Assignee to sue in his own Name,
Name, &c.
if the said Court shall so Order, for the recovering, obtaining, and
enforcing of any Estates, Debts, Effects, or Rights of any such
Property vested in Prisoner ; and all and every the Real and Personal Estate, Money,
to his Sue- and Effects, vested in or possessed by such Provisional Assignee by
cessortoingoOffice.
him
virtue of such Order as aforesaid, shall not remain in him if he shall
resign or be removed from his Office, nor in his Heirs, Executors, or
Administrators, in case of his Death, but shall in every such case go
to and be vested in his Successors in Office appointed by the said
Court as aforesaid.


Court may order an VII. And be it further enacted and ordained , That the said
Allowance to Prisoner
during his Confine Court may Order and direct such Provisional Assignee as aforesaid,
ment, or for
of Schedule. Expense or such Assignee or Assignees as are hereinafter mentioned, to pay
to any such Prisoner, out of his or her Estate and Effects, such
Allowance for his or her Support and Maintenance during such
Prisoner's Imprisonment, and previous to the Adjudication in the
matter of his Petition, or for the Expenses of making out and filing
his Schedule, as to the said Court shall seem reasonable and fit .

When Prisoner is VIII. Provided always, and be it enacted and ordained, That in
out of Cus-
tody, Acts of Assignees case any Prisoner as to whose Estate and Effects any such vesting
to be valid. Order as aforesaid shall have been made shall, by the Consent or
Default of his detaining Creditor or Creditors, be discharged out of
Custody without any Adjudication being made in that Behalf by the
said Court, all the Acts done before such Discharge by the said
Provisional Assignee, or other Assignee or Assignees appointed as
hereinafter provided, or other Person or Persons acting under his or
their Authority, according to the Provisions of this Ordinance, shall
No Action to be be good and valid ; and that in such case, no Action or Suit shall be
them
where Assignment is commenced against such Provisional Assignee, or against any As-
avoided. signee or Assignees appointed under this Ordinance, nor against any
Person duly acting under his or their Authority, except to recover
any Property, Estate, Money, or Effects of such Prisoner, detained
after an Order made by the said Court for the Delivery thereof, and
Demand made thereupon.

Power of Court to IX. And be it enacted and ordained , That it shall be lawful for
Appoint Assignees.
the said Court to appoint any of its Officers as a Provisional
Assignee, or at any Time after the making any such vesting Order
as aforesaid as to the same Court shall seem expedient, to appoint a
proper Person or Persons to be Assignee or Assignees of the Estate
and Effects of such Prisoner, for the Purposes of this Ordinance ;
and when such Assignee or Assignees shall have signified to the
said Court his or their Acceptance of the said Appointment, the
Estate,