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THE HONGKONG GOVERNMENT GAZETTE, 31st OCTOBER, 1863.
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places of abode of the several persons from whom such Debts shall be due or 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 hi or her family, and the working tools and implements of such Debtor, not exceeding in the whole the value of Twenty Pounds, 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.
Court may adjudge XXXIV. And the Court may upon proof of the filing of such Schedule adjudge such Debtor Bank- the Debtor, Bankrupt or may adjourn the adjudication of such Debtor.
rupt.
give notice to Gaoler.
Debtors in prison to XXXV. Every Debtor who shall present a Petition for adjudication whilst a before presenting Pe- 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.
tition.
Debtors not obtain- XXXVI. If any Debtor petitioning against himself shall not cbtain adjudication ing Adjudication may within Seven Days after filing such Petition the Court may proceed to adjudge the on Petition of Compe- Debtor Bankrupt on the Petition of any competent Creditor.
be adjudged Bankrupt
tent Creditor.
Debtor unable to
formâ pauperis.
As to Pauper and other Prisoners for Debt.
XXXVII. If any Debtor now being or who shall be imprisoned for any Debt or pay may Petition in demand and who shall through poverty be unable to petition the Court for adjudica- tion against himself in manner hereinbefore mentioned he shall be at liberty to petition in formâ 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. Gaoler to swear such Such Affidavit may be sworn before the Gaoler of the Prison where such Debtor is confined, 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 brought up for ex- amination.
Adjudication to have relation back to date of commitment.
Debtor refusing to be sworn.
Creditor may peti-
XXXVIII. 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 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.
XXXIX. Every Adjudication against any Debtor for Debt, so brought up as afore- said shall, unless the Court shall otherwise direct, have relation back to the date 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.
XL. If any such Debtor shall refuse to be sworn, or to answer any lawful question of the Court or of any Creditor respecting his Debts, liabilities, dealings and transac tions 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 al things con- form 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.
As to Petitions by Creditors.
XLI. Any Creditor whose Debt is sufficient to entitle him to petition under this tion for Adjudication. 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