THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
part of his property, of what kind soever, or if after adjudication he shall conceal from the Court or his Assignee any debt due to or from him:
9. If he shall, with intent to defraud his Creditors, within three months next before the filing of the petition for adjudication, pawn, pledge or dispose of, other- wise than by boná fide transactions in the ordinary way of his trade, or of his goods or chattels which have been obtained on credit and remain unpaid for:
10. If he shall, with intent to defraud his Creditors, after the filing of any petition for adjudication by or against him, pay money to any Creditor in satisfaction or secu- rity for his debt or for any part thereof, whereby such Creditor may receive more in the pound in respect of his debt than the other Creditors.
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False evidence.
to be sworn or refusing to answer or not fully
answering or refusing
to sign examination or to produce books, &c.,
CLXXII. Any person who shall upon any examination upon oath or affirmation, or in any affidavit or deposition under this Ordinance, wilfully and corruptly give false evidence, or wilfully and corruptly swear or affirm anything which shall be false, being convicted thereof, shall be liable to the penalties of wilful and corrupt perjury.
CLXXIII. If any person shall refuse to be sworn, or shall refuse to answer any Any person refusing lawful question put by the Court, or shall not fully answer any such question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when reduced into writing (not having any lawful objection allowed by the Court) or shall not produce any books, papers, deeds and writings, or other documents in his custody or power, relating to any of the matters under inquiry, which such person is required by the Court to produce, and to the production of which he shall not state any objec- tion, allowed by the Court, it shall be lawful for the Court by warrant to commit such person to prison, there to remain without bail until he shall submit himself to the Court to be sworn, and full answers make to the satisfaction of the Court, to all such lawful questions as shall be put by the Court, and sign and subscribe such examination, and produce such books, papers, deeds, writings and other documents in his custody or power, to the production of which no such objection as aforesaid has been allowed.
may be committed.
Assignee disobeying direction to pay or
ting Co-assignee to
per cent.
CLXXIV. If any Assignee shall retain in his hands for more than one week or employ for his own benefit, or knowingly permit any Co-assignee so to retain or invest money, and re- employ any sum to the amount of more than Three Hundred Dollars, part of the estate taining it, or permit- of any Bankrupt, or shall neglect to invest any money when directed by the Court, retain or employ it to every such Assignee shall be liable to be charged in his account with such sum as be charged with 25 shall be equal to interest at the rate of twenty-five per centum per annum on all such moneys for the time during which he shall have so retained or employed the same or permitted the same to be so retained or employed, or during which he shall so have neglected to invest the same; and the Court is hereby required to charge every such Assignee in his account accordingly.
compounding with
CLXXV. If any petitioning Creditor shall, after adjudication, receive any money, Petitioning Creditor satisfaction or security for his debt or any part thereof, whereby such petitioning Debtor after adjudica- Creditor may receive more in the pound in respect of his debts than the other Creditors, tion. such petitioning Creditor shall forfeit his whole debt, and shall also repay or deliver up such money, satisfaction or security, or the full value thereof to the Assignee or
Assignees, of such Bankrupt for the benefit of the Creditors of the Bankrupt.
rupts effects,
CLXXVI. Any person who shall wilfully conceal any real or personal estate of Concealing Bauk- the Bankrupt and who shall not within forty-two days after the filing of the petition for adjudication, discover such estate to the Court or to the Assignees, shall forfeit
the sum of Five Hundred Dollars, and double the value of the estate so concealed: Allowance to persons and any person who shall after such time voluntarily discover to the Court or to the making discovery. Assignees any part of such Bankrupt's estate not before come to the knowledge of the Assignees, shall be allowed five per centum thereupon, and such further reward as the Assignees with the consent of the Court shall think fit; to be paid out of the estate recovered on such discovery.
ments without authe-
CLXXVII. Any person who shall insert or cause to be inserted in the Hongkong Inserting advertise- Government Gazette or in any. Newspaper any advertisement under this Ordinance, rity. without authority or knowing the same to be false in any material particular, shall be guilty of a misdemeanor, and upon conviction shall be liable to be imprisoned for any term not exceeding two years.
CLXXVIII. All sums of money forfeited under this Ordinance may be sued for Money forfeited un- by the Creditors' Assignee or such other person as the Court shall by order direct, der this Ordinance,
how to be sued for.