598
If arrested to be discharged on producing protection.
Bankrupt to deliver up his books of account to Official Assignee
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
immediate release, either absolutely or upon such conditions as it shall think fit: Provided always that the Court shall not order such release where it shall appear by any judgment, order, commitment or sentence under which the bankrupt is in prison or custody, or by the record or entry of any such judgment, order, commitment or sentence, and the pleadings or proceedings previously thereto that he is in prison or custody for any debt contracted by fraud, or breach of trust, or by reason of any prosecution against him whereby he had been convicted of any offence, or for any debt contracted by reason of any judgment in any proceedings for breach of the revenue laws; or in any action for breach of promise of marriage, seduction, libel, slander, assault, battery, malicious arrest, or malicious trespass: Provided also that such release shall in nowise affect any rights of the creditor at whose suit the bankrupt may be in prison or in custody, against the bankrupt, except the right of detaining him in prison or in custody whilst protected from imprisonment by order of the Court.
58. If any bankrupt shall be arrested for debt, or on any escape warrant in coming to surrender, or shall after surrender, and while protected by order of the Court, be so arrested, he shall on producing such protection to the officer who shall arrest him and giving such officer a copy thereof, be immediately discharged, and if any officer shall detain any such bankrupt after he shall have shown such protection to him, except for so long as shall be necessary for obtaining a copy of the same, such officer shall forfeit to such bankrupt for his own use the sum of twenty-five dollars for every day he shall detain such bankrupt, to be recovered by action of debt in the name of such bankrupt.
As to the duty of the Bankrupt after Adjudication.
59. Forthwith after the insertion of the notice of adjudication in the Hongkong Government Gazette, or if the bankrupt before the expiration of the time allowed for showing cause against the adjudication, surrender himself and give consent to such insertion, forthwith after such surrender the bankrupt shall (if thereto required by the Official Assignee) deliver up to the Official Assignee upon oath before the Court all books of account, papers and writings relating to his estate in his custody or power and discover such as are in the custody or power of any other person and the Court may give such directions as it shall deem expedient with regard to such books, papers and writings: and every