ORDINANCE No. 5 of 1864.—

Bankruptcy and Insolvency.

liable to be indicted and on conviction to be imprisoned and kept to hard labour for any time not exceeding two years.

637

to insolvency.

188. A copy of any petition filed in any Court having jurisdiction. Evidence as for the relief of insolvent debtors, or in bankruptcy, in any of Her Majesty's Dominions, Colonies or Dependencies, and of any vesting order, schedule, order of adjudication or other proceedings, purporting to be signed by the officer in whose custody the same shall be or his deputy, certifying the same to be a true copy of such petition, vesting order, schedule, order of adjudication, or other order or proceedings, and appearing to be sealed with the seal of such Court, shall at all times be admitted under this Ordinance as sufficient evidence of the same, and of such proceedings respectively having taken place, without any other proof whatever given of the same.

As to Affidavits, Declarations, and Affirmations.

189. Any affidavit, declaration or affirmation required to be sworn or made in relation to any matter under this Ordinance may be lawfully sworn—

Before the Court or before any officer appointed by the Court for that purpose, or before a Magistrate:

In any colony, island, plantation, or place under the dominion of Her Majesty, before any Court, Judge, or person lawfully authorised to take and receive affidavits, declarations, or affirmations:

In any foreign parts out of Her Majesty's dominions, before a Judge or Magistrate, his signature being authenticated by the official seal of the Court to which he is attached, or by a public notary, or before a British Minister, Consul or Vice-Consul:

And every such Court, Judge, officer, or other person is hereby authorised and required to administer the oath upon any such affidavit or to take such affirmation or declaration; and all Courts, Judges, Justices, officers and persons acting judicially shall take judicial notice of the seal or signature (as the case may be) of any such Court, Judge, officer or other person, attached, appended, or subscribed to any such affidavit or declaration, or to any other document to be used for the purposes of this Ordinance. [Repealed by Ordinance No. 9 of 1864 and new section substituted.]

190. Any affidavit of any prisoner in Hongkong, to be used in any matter under this Ordinance may be sworn before the gaoler of such prison, and every such gaoler is hereby required and authorised to administer the oath upon any such affidavit without fee or reward.

Affidavits, declarations, deat before whom to be sworn.

Judicial notice of seal or signature thereto.

Affidavits by prisoners.

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