ORDINANCE No. 3 of 1846.
Insolvent Debtors.
then be confined; and if such prisoner shall not have been in the same custody from the time of such first arrest, then the means and manner by which the change of custody of such prisoner has taken place, and also the name or names of the person or persons at whose suit or prosecution such prisoner shall at the time of presenting such petition be detained in custody, and the amount of the debt or debts, sum or sums of money, and of such costs as aforesaid, so far as the amount of such costs is ascertained, for which he shall be so detained; and such prisoner shall in such petition state whether such prisoner has given notice to the keeper of the gaol or prison in which he shall be confined of his intention to present the said petition, which notice the said prisoner is hereby required to give in writing to the keeper of such gaol or prison; and such prisoner shall in such petition state that he is willing that all his real and personal estate and effects shall be vested in the provisional assignee for the time being of the estates and effects of insolvent debtors in the Colony of Hongkong, according to the provisions of this Ordinance, and shall pray to be discharged from custody, and to have future liberty of his person against the demands for which such prisoner shall be then in custody, and against the demands of all other persons who shall be or claim to be creditors of such prisoner at the time of presenting such petition; which petition shall be subscribed by the said prisoner, and shall forthwith be filed in the said Supreme Court.
2. And be it enacted and ordained, that if any prisoner who at the time appointed for the commencement of this Ordinance shall have been committed to any prison or gaol, and charged in execution for any debt, damages, or any costs or sum or sums of money, or committed for or by reason of any contempt of any Court whatsoever for non-payment of any sum or sums of money, or of costs, taxed or untaxed, either ordered to be paid, or to the payment of which such prisoner would be liable in purging such contempt, or in any manner in consequence or by reason of such contempt, shall not, within twenty-one days next after the time appointed for the commencement of this Act, make satisfaction to the creditor or creditors at whose suit such prisoner shall have been so committed or charged in execution for such debt, damages, costs, sum or sums of money, or to the person or persons entitled to the money for the non-payment of which such prisoner shall have been in contempt, or to the payment of which such prisoner would be liable in consequence or by reason of such contempt; or if any prisoner who after the time appointed for the commencement of this Act shall be committed to any prison or gaol, and charged in execution for any debt or damages, or any costs or sum or sums of money, or committed for or by reason of any such contempt as aforesaid, shall not, within twenty-one days next after such prisoner shall be so committed or charged in execution as aforesaid, make satisfaction to the creditor or creditors at whose suit such prisoner shall have been so committed or charged in execution for such debt, damages, costs, sum or sums of money, or to the person or persons entitled to the money for non-payment of which such prisoner shall have been in contempt, or to the payment of which such prisoner would be liable in consequence or by reason of such contempt; then, and in any of the said
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Petition to be signed and filed.
Detaining creditors of prisoners in execution may apply by petition to Supreme Court for an order to vest debtor's estate in provisional assignee of Court appointed for that purpose.
[* Ordinance.]