THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
159
XXXV. If any Debtor petitioning against himself shall not obtain adjudication, Debtors not obtain- within Seven Days after filing such Petition, the Court may proceed to adjudge the beduid ink rajt Debtor Bankrupt on the Petition of any competent Creditor.
As to Pauper and other Prisoners for Debt.
be adjudged Bankrupt on Petition of Compe- tent Creditor.
to
Debtor unable pay may Petition in
Debt or XXXVI. If any Debtor, now being, or who shall be imprisoned for any demand, shall through poverty be unable to petition the Court for adjudication against forma pauperis. himself in manner hereinbefore mentioned, he shall be at liberty to petition in forma pauperis, upon making an Affidavit that he has not the means of paying the fees and expenses usually payable in respect of a Petition for adjudication by a Debtor. Such Affidavit may be sworn before the Gaoler of the Prison where such Debtor is confined, Gaoler to swear such and such Gaoler is hereby empowered and required to take such Affidavit and swear the Deponent thereto without fee or reward.
Prisoner.
Petitioner to be
amination.
XXXVII. Every Person so petitioning in formâ pauperis as aforesaid, shall be brought up to the Court, at its next Sitting after the presentation of such Petition, and brought up for shall be examined by the Court touching his estate and effects, debts, dealings and transactions: and, if the Court shall be satisfied with such examination, it shall make an Order of adjudication against the Petitioner, and, if it think fit, may make an Order for his release from Prison.
ex-
relation back to date
XXXVIII. Every Adjudication against any Debtor for Debt, so brought up as Adjudication to have aforesaid shall, unless the Court shall otherwise direct, have relation back to the date of commitment. of his commitment or detention as the case may be: and the Debtor so petitioning in formâ pauperis personally, and all his estate and effects, real and personal, if he has any, shall upon the filing of such Petition be subject to the order and direction of the Court in the same manner as is provided by this Ordinance in the case of a Debtor unable to meet his engagements.
be sworn.
XXXIX. If any such Debtor shall refuse to be sworn, or to answer any lawful Debtor refusing to question of the Court or of any Creditor respecting his Debts, liabilities, dealings and transactions, or to make a full discovery of his estate and effects, and of all his books of account, or to produce the same, or to sign his examination when taken, the Court may by Warrant commit him to Gaol, there to be kept, with or without hard labour, for any time not exceeding One Month, and the Court may at the same time adjudge such Person Bankrupt. Provided that, if after such adjudication the Bankrupt shall, before the period of such commitment has expired, submit to be examined, and in all things conform to the Jurisdiction of the Court, he shall have in all respects the same benefits as if he had submitted to the Court in the first instance.
Proviso.
As to Petitions by Creditors.
tion for Adjudication.
Court to have power
XL. Any Creditor, whose Debt is sufficient to entitle him to petition under this Creditor may peti- Ordinance, may petition for adjudication against a Debtor, and such Petition shall be supported by the oath of the Petitioner, and shall be filed of record and prosecuted in the Court as directed by this Ordinance: and from and after the filing of such Petition the said Court shall have full power and authority to take such order and directions with the body of the Debtor as is mentioned in this Ordinance, as also with all his over Body and Pro- lands, tenements and hereditaments, which he shall have in his own right before adju- dication, as also with all such interest in any such lands, tenements and hereditaments as such Debtor may lawfully depart withal and with all his monies, fees, offices, annuities, goods, chattels, wares, merchandize and debts and to make or order sale thereof in man- ner herein mentioned, or otherwise order the same for satisfaction and payment of the Creditors of the Bankrupt.
perty of Debtor.
XLI. To entitle any Creditor to petition for adjudication against a Debtor, the Amount of petition- amount of the Debt of such Creditor shall be as follows, that is to say:
The Debt of a single Creditor or of two or more persons, being partners, shall amount to Three hundred Dollars or upwards.
The Debt of two Creditors shall amount to Four hundred Dollars or upwards.
The Debt of three or more Creditors shall amount to Five hundred Dollars or up- wards.
Every person who has given credit to any Debtor upon valuable consideration for money payable at a certain time, which time shall not have arrived when such Debtor
ing Creditors Debts.