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Penalty for obtaining money or goods as an inducement to forbear opposing order of discharge.
Rehearing of order of discharge.
If order suspended on rehearing subsequent creditors to prove first against subsequent property.
Form of order.
Notice to be advertised.
Dividend.
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
147. If any creditor of a bankrupt shall obtain any sum of money, or any goods, chattels or security for money from any person as an inducement for forbearing to 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.
148. 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.
149. If on such rehearing the Court shall annul or suspend the order of discharge, 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, 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.
150. The order of discharge shall be in such form as General Orders shall direct, 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.
As to Dividend.
151. As soon after the adjudication as the Court shall appoint there shall be submitted 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 in the Hongkong Government Gazette and in such other newspapers as the Court may direct, a statement of the whole estate of the bankrupt, as then ascertained, of the property recovered, and of the property outstanding, specifying the cause
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