298
THE BONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
If Petitioning Cre- ditor's Debt be found
XLVIII. If after adjudication the Debt of the Petitioning Creditor be found by insufficient,Court may 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 any other Creditor. adjudication, order the Petition for adjudication to be proceeded in, and it shall
and consolidate Pro-
such order be deemed valid.
by
Court may impound XLIX. If two or more Petitions for adjudication be filed by or against the same ceedings or Petitions. persoil 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 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.
If Debtor is about to leave the Colony or
to be arrested.
·
upon
L. 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 be forthwith apprehended, the Court may issue a Warrant, directed to such person as the Court shall think fit, whereby such last mentioned person shall have authority to arrest the person against whom such Petition shall have been filed, and also to seize his books, papers, monies, securities for monies, goods and chattels, wheresoever he or they may be found, and him or them safely keep until the expiration of the time allowed for adjudication on such Petition, or until such person shall be adjudged Bank- rupt under such Petition, and be thereon dealt with according to this Ordinance: Provided, that any person arrested upon any such Warrant, or any person whose books, papers, monies, securities for monies, goods or chattels, have been seized under any such Warrant, may apply, at any time after such arrest or seizure, to the Court for an Order or Rule on the Petitioning Creditor to show cause why the person arrested, should not be discharged out of custody, or why his books, papers, monies, securities for monies, goods and chattels, should not be delivered up to him, and the Court-may-inake absolute, or discharge such Order or Rule.
Notice of Adjudica-
tion.
Before notice of Adjudication given in
to have notice thereof.
As to Adjudication of Bankruptcy.
LI. Notice of all adjudications shall be given in the Hongkong Government Gazette. LII. Before notice of any adjudication granted upon a Creditor's Petition shall be Honghong Govern- given in the Hongkong Government Gazette, and at or before the time of putting in ment Gazette, Debtor execution any Warrant of seizure which shall have been granted upon such adjudication, a Duplicate of such adjudication shall be served on the person adjudged Bankrupt, personally, or by leaving the same at the usual or last known place of abode, or place of business of such person; and such person shall be allowed Seven Days, or such extended time, as the Court shall think fit, from the service of such Duplicate to show cause to the Court against the validity of such adjudication: and if such person shall within such time, show to the satisfaction of the Court that the Petitioning Creditor's Debt and act of Bankruptcy upon which such adjudication has been grounded, or any or either of such matters are insufficient to support such adjudication, and upon
such showing no other Creditor's Debt and act of Bankruptcy sufficient to support such adjudication, or such of the said last mentioned matters as shall be requisite to support such adjudication, in lieu of the Petitioning Creditor's Debt, and act of Bankruptcy or any or either of such matters, which shall be deemed insufficient in that behalf as the case may be, shall be proved to the satisfaction of the Court, the Court shall there- upon order such adjudication to be annulled and the same shall by such order be annulled accordingly: but if at the expiration of the said time no cause shall have been shown to the satisfaction of the Court for the annulling of such adjudication the Court shall forthwith after the expiration of such time, cause notice of such adjudication to be given in the Hongkong Government Gazette, and shall if necesary, appoint a day for such Bankrupt to surrender and conform: Provided that the Court shall have power from time to time to enlarge the time for the Bankrupt surrendering himself, for such time as the Court shall think fit, so as every such order be made Six Days at least before the day on which such Bankrupt was to surrender himself: Provided also, that if any person so adjudged Bankrupt shall before the expiration of the time allowed for showing cause, surrender himself, and give his consent, testified in writing under his hand, to such adjudication being advertised the Court after such consent so given, shall