hongkong-colonial-ordinances-1847 — Page 149

9º VICTORIE.-No . 3 OF 1846. 11


Estate, Effects, Rights, and Powers of such Prisoner, vested in such
Provisional Assignee as aforesaid, shall immediately, by virtue of
such Appointment, and without any Conveyance or Assignment,
vest in the said Assignee or Assignees, in Trust for the Benefit of
the Creditors of such Prisoner, in respect of or in Proportion to their
respective Debts, according to the Provisions of this Ordinance ; and
every such Appointment shall, after such Acceptance thereof, be
entered of Record of the said Court, and such Notice thereof shall
be published as the said Court shall direct ; and every Person so
appointed Assignee shall be deemed to be an Officer of the said
Court, and shall be liable as such to the controul thereof : Provided
always, that it shall be lawful for the said Court to direct any Fee
or Remuneration for the Performance of Duties in getting in and
distributing the Estate of any Insolvent Debtor, whether by any
Assignee, or by the Provisional Assignee, in case of such Distribution
being effected without the Appointment of any other Assignee, which
shall not exceed the rate of Five per Centum on the Sum received
as Produce of such Estate.


X. And be it enacted and ordained , That a Copy of any Order Certified Copy of
Order and Appoint-
under this Ordinance vesting the Estate and Effects of any Prisoner ment to be Evidence.
in the Provisional Assignee of the Estate and Effects of Insolvent
Debtors, or of the Appointment, under the Provision last hereinbefore
contained, of an Assignee or Assignees of such Estate and Effects,
such Copy purporting to have the Certificate of the Provisional
Assignee of the said Court, or his Deputy appointed for that purpose,
endorsed thereon, and to be sealed with the Seal of the said Court,
shall, in all Courts and Places within the said Colony, and without
further Proof, be recognized and received as sufficient Evidence of
such Order and Appointment respectively having been made, and of
the Title of the Provisional Assignee, and of such other Assignee or
Assignees respectively, under the same : Provided always, that where, Proviso for Registry.
according to any Laws now in force, any Conveyance or Assignment
of any Real or Personal Property of an Insolvent Debtor would be
required to be registered, enrolled, or recorded in any Registry Office
in the said Colony, then and in every such case said Certified Copy
as hereinbefore is described of such Order under this Ordinance,
vesting the Estate and Effects of any Prisoner in the Provisional
Assignee of the said Court, and a like certified Copy of the Appoint-
ment of an Assignee or Assignees under this Ordinance (if any such
Appointment shall have been made), shall be registered in the Regis-
try Office, Court, or Place wherein such Conveyance or Assignment
as last aforesaid would require to be registered, enrolled, or recorded ;
and the Registry hereby directed shall have the like Effect, to all
Intents and Purposes, as the Registry, Enrolment, or Recording of
such Conveyance or Assignment as last aforesaid would have had ;
and the Title of any Purchaser of any such Property as last aforesaid
for valuable Consideration, without Notice of any such Order or
Appointment as aforesaid, who shall have duly registered, enrolled,
or recorded his Purchase Deed previously to the Registry hereby
directed, shall not be invalidated by Reason of such Order as afore-
said, or the Appointment of an Assignee or Assignees as aforesaid,
or the vesting of such Property in him or them consequent thereupon
respectively, unless a Certified Copy of such Orders and a Certified
Copy of such Appointment, if any, shall be registered as aforesaid
within