the-ordinances-of-the-legislative-counci-1890 — Page 637

ORDINANCE No. 5 OF 1864. - 601


Bankruptcy and Insolvency.


choice, in directing the time and manner of effecting any sale of a bank
rupt's estate or effects .
Official
66. No Official Assignee shall be personally responsible or liable Assignee not
for any act done by him, or by his order or authority, in the execution personally
liable for acts
done in
of his duty as such Official Assignee, by reason of the petitioning cred execution
itors, debt or act of bankruptcy upon which any adjudication shall have of his duty
or for receipt
been grounded, or of any or either of such matters, being insufficient to of bills or
money, upon
support such adjudication : and no Official Assignee shall be deemed certain con
ditions being
personally answerable for, or by reason of his having received any money, performed.

bills , notes or other negotiable instruments under any bankruptcy in his
character of Official Assignee , provided he shall have paid and deposited
such money, bills , notes or other negotiable instruments during the pro
secution of the bankruptcy to and in such bank as the Court shall by
order direct to the credit of the particular estate for which such money ,
bills, notes or other negotiable instruments shall have been received , and

shall have given notice of such payment or deposit ( as the case may be )
to any person claiming such money, bilis, notes or other negotiable
instruments of the Official Assignee : and provided also that the Official
Assignee after such payment or deposit, shall not have dealt with such
money, bills , notes or other negotiable instruments otherwise than in

the execution of his duty as Official Assignee and under the order of

the Court: and if any action shall be brought against the Official
Assignee, either solely or jointly with the creditor's assignee, in respect of
such money , bills , notes or other negotiable instruments , it shall be
lawful for the Judge of the Court in which the same action shall be

brought upon the application of the Official Assignee, and upon an affi
davit of facts, to set aside the proceedings in such action so far as the
Official Assignee is concerned, with such costs or without costs , as the
Judge shall see fit.


As to First Meeting of Creditors.


67. As soon as conveniently may be after adjudication the Court First meeting
of creditors.
shall appoint a meeting of the creditors of which ten days notice shall be and proof of
debts.
given in the Hongkong Government Gazette and such other newspapers

as the Court may direct, and such meeting shall be held at such
time and place as the Court shall appoint, and at such meeting
such officer as the Court shall appoint for that purpose shall preside , and