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THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
If Petition filed fraudulently or mali-
dealt with.
committed an act of Bankruptcy, may so petition or join in petitioning, whether he shall have any security for such sum or not.
XLII. If the Debt, stated by the Petitioning Creditor in his Affidavit, or in his ciously, how to be petition for adjudication, to be due to him from any Debtor, shall not be really due, or, if after a Petition for adjudication be filed, it shall not have been proved that the person against whom such Petition has been filed, was liable to an adjudication at the time of the filing of such Petition, and it shall also appear that such Petition was filed fraudu- lently or maliciously, the Court shall and may, upon petition of any person aggrieved by such petition, examine into the same, and order satisfaction to be made to him for the damages by him sustained.
Computation of Debts.
Creditor, whose
entitle him to petition
XLIII. In the computation of Debts for the purposes of any Petition under this Ordinance there shall be reckoned as Debts-
(1.) Sums due to Creditors holding mortgages, or other available securities, or liens, after deducting the value of the property comprised in such mortgages, securities or
liens.
(2.) Such interest and costs as shall be due in respect of any of the Debts.
But there shall not be reckoned-
(1.) The amount of any Debt in respect of which the Petitioner has already been adjudged entitled to have the benefit of the Ordinance No. 3 of 1846.
(2.) Debts barred by any Statute of Limitations.
XLIV. Any Creditor, whose Debt is sufficient to entitle him to petition for adju- Debt is sufficient to cation against all the partners of any firm, may petition for such adjudication against against all the Part- one or more partners of such firm; and every such Petition shall be valid, although it ners of a Firm, may does not include all the partners of the firm; and in every Petition for adjudication and the Court may against two or more persons, the Court may dismiss the same, as to one or more of such persons, and the validity of such Petition shall not be thereby affected as to any person as to whom such Petition is not ordered to be dismissed, nor shall any such person's discharge be thereby affected.
petition against one:
dismiss Petitions.
Where Petitioner does not proceed.
Court may adjudge
XLV. If the Petitioning Creditor shall not proceed and obtain adjudication within Three Days after his Petition shall have been filed, or within such time as shall be allowed by the Court, the Court may at any time on the expiration of such Three Days, or of such extended time as the case may be, upon the Petition of any other Creditor entitled to petition, proceed to adjudicate on such last mentioned Petition.
XLVI. The Court may upon due proof of the Petitioning Creditors Debt, and the Debtor Bankrupt. upon due proof of an act of Bankruptcy having been committed by the Debtor, ad- judge the Debtor Bankrupt, and may appoint a day for the Bankrupt to surrender and conform.
insufficient,Court may
If Petitioning Cre- XLVII. If after adjudication the Debt of the Petitioning Creditor be found by ditor's Debt be found the Court to be insufficient to support such adjudication, the Court may, upon the proceed on Petition of application of any other Creditor, having proved any Debt sufficient to support an adjudication, order the Petition for adjudication to be proceeded in, and it shall by such order be deemed valid.
any other Creditor.
and consolidate Pro-
Court may impound XLVIII. If two or more Petitions for adjudication be filed by, or against, the same ceedings or Petitions, person, or if a Petition be filed by, or against, a member of a firm, and another Petition be filed by, or against, another member of the same firm, the Court may consolidate the proceedings or any Part thereof under such Petitions, or may impound any such Petition or Petitions, or annul the proceedings thereunder, or any part thereof, upon such terms as the Court shall see fit; and may order any Petition or Petitions to be proceeded in either separately or in conjunction with any other or others; and may remove the Assignees under any such Petition or Petitions, and appoint others as it shall see fit.
to leave the Colony or
If Debtor is about XLIX. Whenever any Petition for adjudication shall have been filed against any conceal his Goods, person, and it shall be proved to the satisfaction of the Court that there is probable Court may order him cause for believing that such Person is about to quit the Colony, or to remove or con- ceal any of his Goods or Chattels with intent to defrand or defeat his Creditors unless he he forthwith apprehended, the Court may issue a Warrant, directed to such person
to be arrested.