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THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
Petitions for adju- dication out of this Colony.
Lying in or escap- ing out of Prison.
Debtor suffering execution to be levied on his Goods.
No person liable on act of Bankruptcy
Court may either declare such Adjudication to be valid and direct the same to be proceeded in; or may order it to be annulled and a new Petition for Adjudication to be filed, which may be supported either by Proof of such last mentioned or any other act of Bankruptcy.
XII. The filing of a Petition by a Debtor for relief as an Insolvent Debtor, after the passing of this Ordinance in any Court having Jurisdiction for the relief of In- solvent Debtors in any of Her Majesty's Dominions, Colonies, or Dependencies, shall be evidence of an act of Bankruptcy committed by the Debtor at the date of such Peti- tion; and the filing of a Petition, in any of the said Courts, after the passing of this Ordinance against a Debtor for Adjudication of Insolvency, or Bankruptcy, followed by such an Adjudication shall together with such Adjudication be evidence of an act of Bankruptcy committed by the Debtor at the date of the filing of such Petition.
any
XIII. If any Debtor, having been arrested or committed to prison for debt, or on attachment for non-payment of money, shall, upon such or any other arrest, or com- mitment for debt, or non-payment of money, or upon any detention for debt lie in Prison Fourteen Days, or having been arrested for any cause shall lie in Prison as aforesaid after any detainer for debt lodged against him and not discharged; every such Debtor shall thereby be deemed to have committed an act of Bankruptcy from the time of such arrest, commitment or detainer: or, if any such Debtor having been arrested, committed or detained for Debt shall escape out of Prison or Custody, every such Debtor shall be deemed to have committed an act of Bankruptcy from the time of such arrest, commitment or detention: but no Debtor shall be adjudged Bankrupt on the ground of having laid in Prison as aforesaid, unless having been summoned he shall not offer such Security for the debt or debts in respect of which he is imprisoned or detained as the Court shall see fit: and when such Debtor is in Custody such Sum- mons shall be delivered to the Person in whose Custody he is: who shall bring him up according to the Summons, at the cost of such Person as the Court shall determine.
XIV. If the goods or chattels of any Debtor be seized and sold under an execu- tion issued in any Action for the recovery of any debt or money demand exceeding Three hundred Dollars, such Debtor shall be deemed to have committed an act of Bankruptcy from the date of the said seizure; but the Execution Creditor shall be entitled to the proceeds of the sale notwithstanding such act of Bankruptcy: Provided that if the Debtor be adjudged a Bankrupt within Fourteen Days from the Day of such Sale, the proceeds of such sale shall be paid by the Creditor to the Assignee under the Bankruptcy, after deducting the Costs and Expenses of the sale and of the Action and Execution upon which such Sale was grounded, and such sum may be recovered by the Assignee from the Execution Creditor as if it were a Debt due to the Bankrupt's Estate.
XV. No Person shall be liable to become Bankrupt by reason of any act of committed more than Bankruptcy committed more than Twelve Months prior to the filing of any Petition Twelve Months before for Adjudication against him, and no Adjudication shall be deemed invalid by reason of the filing of Petition. any act of Bankruptcy prior to the Debt of the Petitioning Creditor: Provided there
be a sufficient act of Bankruptcy subsequent to such Debt.
Debtor Petitioning
against himself.
Court may summon Witnesses before Ad- judication.
Debtor Petitioning
XVI. If any Debtor petition for adjudication against himself, under this Ordinance, otherwise than in formâ pauperis, he shall be deemed to have committed an act of Bank- ruptcy at the time of filing such Petition.
XVII. The Court, before adjudication, may summon before it any Person whom such Court shall believe capable of giving any information concerning any act of Bank- ruptcy committed by the Person against whom any Petition for Adjudication has been filed, and may require any Person so summoned to produce any books, papers, deeds, writings and other documents in his custody, possession or power, which may appear to the Court to be necessary to establish such act of Bankruptcy. and the Court may examine any such Person, upon Oath, by word of mouth, or interrogatories in writing, concerning such act of Bankruptcy.
XVIII. Every Debtor who shall petition in forma pauperis under this Ordinance in forma pauperis. shall, if adjudged Bankrupt, be deemed to have committed an act of Bankruptcy at the
date of his commitment or detention as the case may be.