178
THE HONGKONG GOVERNMENT GAZETTE, 30TM ÁPRIL, 1864.
Effect of order of discharge.
Release of Bankrupt
discharge.
and hazardous speculation or unjustifiable extravagance in living, or that he has put any of his Creditors to unnecessary expense by frivolous or vexatious defence to any Action or Suit to recover any debt or money due to him, the Court may either refuse an Order of discharge or may suspend the same from taking effect for such time as it shall think fit, or may grant an Order of discharge subject to any conditions touching any salary, pay, emoluments, profits, wages, earnings or income which may afterwards become due to the Bankrupt, and touching after-acquired property of the Bankrupt, as it shall think fit or may sentence the Bankrupt to be imprisoned for any period not exceeding one year.
CXLIII. If after the Order of discharge of such Bankrupt shall have taken effect, he be arrested, or if any action be brought against him for any debt, claim or demand proveable under the Bankruptcy, he shall be discharged upon entering an appearance and may plead that the cause of action accrued before he became a Bankrupt.
CXLIV. If a Bankrupt after the Order of discharge shall take effect shall be arrested when arrested after or detained in custody for a debt claim or demand provable under his bankruptcy where Judgment has been obtained before the Order of discharge shall take effect, the Court shall on proof of the Order of discharge and unless there appear good reason to the contrary direct the Officer who has the Bankrupt in custody to discharge him, which shall be done without fee.
Effect of order in case of partners.
Contract or security
Creditor to forbear op- position void,
CXLV. The order of discharge shall not release or discharge any person who was a partner with Bankrupt at the time of the bankruptcy, or was then jointly bound or had any joint contract with him.
CXLVI. Any Contract, Covenant or Security made or given by a Bankrupt or with intent to induce other person with or to or in trust for any Creditor for securing the payment of any money as a consideration or with intent to persuade the Creditor to forbear opposing the Order of discharge, or to forbear to petition for a rehearing of or to appeal against the same, shall be void, and any money thereby secured or agreed to be paid, shall not be recoverable, and the party sued on any such contract or security may plead in gene- ral that the cause of action accrued pending proceedings in bankruptcy, and may give this Ordinance and the special matter in evidence: Provided that no such security if a negotiable security shall be void as against a bonâ fide holder thereof, for value without notice of the consideration for which it was given.
Penalty for obtain-
an inducement to for-
CXLVII. If any Creditor of a Bankrupt shall obtain any sum of money, or any ing money or goods as goods, chattels or security for money from any person as an inducement for forbearing to bear opposing order of oppose, or for consenting to the discharge of, such Bankrupt or to forbear to petition for the recall of the same, every such Creditor, so offending, shall forfeit and lose for every such offence the treble value or amount of such money, goods, chattels or security so obtained.
discharge.
Rehearing of order of discharge.
If order suspended
quent Creditors to prove first against
CXLVIII. The Order of discharge whether suspended or not shall not be reviewed by the Court unless the Court see good cause to believe that the Order was obtained on false evidence or by reason of the suppression of evidence or otherwise fraudulently: in any of which cases the Court may, if it think fit upon the application of a Bankrupt or of a Creditor who has proved and subject to such deposit for costs, and to such notices by advertisement or otherwise, as the Court shall think fit, grant a rehearing of the matter and rehear it accordingly, and upon rehearing the Court shall make such order as shall seem just as in like manner it might upon an original hearing.
CXLIX. If on such rehearing the Court shall annul or suspend the Order of discharge, on rehearing subse- all persons having bona fide become Creditors of the Bankrupt between the time the discharge took effect and the time of its being annulled or suspended on rehearing, subsequent property. shall as against any property acquired by the Bankrupt during the same period, and in priority to the original Creditors, be admitted to prove and have dividends under the bankruptcy.
Form of Order.
CL. The Order of discharge shall be in such form as General Orders shall direct, Notice to be adver- and shall be under the hand of the Chief Justice and the seal of the Court; and notice
of the granting thereof shall be advertised in the Hongkong Government Gazette.
tised.
Dividend.
As to Dividend.
CLI. As soon after the adjudication as the Court shall appoint there shall be sub- mitted to a meeting of Creditors to be called for that purpose, and to be held before such Officer as the Court shall appoint, of which meeting ten days' notice shall be given