the-ordinances-of-the-legislative-counci-1890 — Page 641

HK Historical Laws 香港歷史法例 All

ORDINANCE No. 5 OF 1864 . 605


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.

84. All powers vested in any bankrupt which he might legally Assignees
have all to
execute for his own benefit, may be executed by the assignees for the powers
bankrupt
benefit of the creditors , in such manner as the bankrupt might have might have
had.
executed the same.

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

86. The Court may, upon the application of the assignees , or of Court may
order bank
any purchaser from them of any part of the bankrupt's estate , if it shall rupt to join
in convey
see fit, order the bankrupt to join in any conveyance of such estate or ance.
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
veyance 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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