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THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
Debtor to be subject to order of Court.
Debtor may peti-
or shall not fully answer any such Question to the satisfaction of the Court, or refuse to produce such Books, Papers and Documents in his possession or power relating to any of the matters under enquiry as the Court shall think fit, or shall refuse to sign his examination when reduced into writing, the Court may by Warrant commit such Debtor to such Prison as the Court shall think fit, there to remain until he shall have conformed to the Order of the Court.
XXX. Except as is herein specially provided, the Debtor, personally, and all his estate and effects real and personal, shall, upon the issuing of such Judgment Debtor Summons, be subject to the order and direction of the Court in the same manner as if a Petition for adjudication had been filed by a Creditor against such Debtor under this Ordinance.
XXXI. Any Debtor, unable to meet his engagements, may petition for adjudica- tion against himself. tion against himself, and such Petition shall be supported by the oath of the Petitioner and shall be filed of record and prosecuted in the Court; and the Debtor, so petitioning, personally, and all his estate and effects real and personal, shall upon the filing of such Petition be subject to the order and direction of the Court; and in the case of a Petition for adjudication filed by such Debtor, the computation of Debts shall be reckoned, in the same manner as is provided under this Ordinance, in the case of a Petition for adjudi- cation filed by a Creditor.
Debtor to deliver to Court Schedule of all his Goods, &c.
Court may adjudge
XXXII. Every such Debtor shall, within Three Days or within such further time as the Court shall think reasonable, deliver in to the Court a Schedule containing a full and fair description of such Debtor, as to his name, trade, or profession, together with the last usual place of abode of such Debtor, and the place or places where he has resided during the time when his Debts were contracted: and also a full and true de- scription of all Debts due or growing due from such Debtor, at the time of the filing his Petition; and of all and any person and persons to whom such Debtor shall be indebted, or who to his knowledge or belief shall claim to be his Creditors, together with the nature and amount of such Debts and claims respectively, distinguishing such as shall be admitted, from such as shall be disputed, by such Debtor: and also a full, true and perfect account of all the estate and effects of such Debtor, real and personal, in possession, reversion, remainder or expectancy: and also of such places of benefit or advantage held by such Debtor, whether the emoluments of the same arise from fixed salaries, or from Fees, or otherwise: and also of all pensions and allowances of the said Debtor, in possession or reversion or held by any other person or persons for or on behalf of the said Debtor, or of, and from which the said Debtor derives or may derive any manner of benefit or advantage: and also of any rights and powers of any nature and kind whatsoever which such Debtor, or any person or persons in trust for such Debtor, or for his use, benefit or advantage, in any manner whatsoever, shall be seized or possessed of, or interested in, or entitled unto, or which such Debtor or any person or persons in trust for him or for his benefit or advantage shall have any power to dispose of, charge or exercise for the benefit of the said Debtor: together with a full, true and perfect account of all the Debts at the time of the filing of his Petition due or growing due to such Debtor, or to any person or persons in trust for him or for his benefit or advan- tage, either solely or jointly with any other person or persons: and the names and places of abode of the several persons from whom such Debts shall be due or growing due, and of the witnesses who can prove such Debts, so far as such Debtor can set forth the same: and the said Schedule shall also contain a balance sheet of so much of the receipts and expenditure of such Debtor, and of the items composing the same as shall be at any time required by the said Court in that behalf: and also shall fully and truly describe the wearing apparel, bedding and other necessaries of such Debtor, and his or her family, and the working tools and implements of such Debtor, not exceeding in the whole the value of One hundred Dollars, which may be excepted by such Debtor from the operation of this Ordinance, together with the value of such excepted articles respectively: and the said Schedule shall be subscribed and verified on oath by such Debtor, and shall forthwith be filed in the said Court together with all books, papers, deeds and writings in any way relating to such Debtor's estate or effects, in his or her possession, or under his or her custody or control.
XXXIII. The Court may upon proof of the filing of such Schedule adjudge the such Debtor Bank- Debtor, Bankrupt, or may adjourn the adjudication of such Debtor.
rupt.
Debtors in prison to
XXXIV. Every Debtor who shall present a Petition for adjudication whilst a give notice to Gaoler prisoner in Prison, shall by writing give notice to the Keeper of such Gaol or Prison of
his intention so to do, and shall in his petition state that such notice has been given.
before presenting Pe- tition.