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Before adjudication, prisoner shall execute warrant of attorney to confess judgment for amount of debts in schedule.
Court may permit execution to be taken out thereupon, when insolvent is of ability to pay or is dead, leaving assets.
No scire facias necessary.
If application is ill-founded and vexatious, Court may dismiss the same, with costs.
Where insolvent shall after discharge become entitled to property which cannot be taken in execution, the assignee may apply to Court for relief.
ORDINANCE No. 3 of 1846.
Insolvent Debtors.
47. And be it enacted and ordained, that before any such adjudication shall be made with respect to any such prisoner, the said Court shall require such prisoner to execute a warrant of attorney to authorize the entering up of a judgment against such prisoner in the Court, in the name of the assignee or assignees of such prisoner, or of such provisional assignee, if no other assignee shall have been appointed and shall have accepted such office, for the amount of the debts stated in the schedule of such prisoner so sworn to as aforesaid to be due or claimed to be due from such prisoner, or so much thereof as shall appear at the time of executing such warrant of attorney to be due and unsatisfied; and any such warrant of attorney is hereby declared not to be within the meaning of the said Act passed by the Imperial Parliament in the third year of the reign of His late Majesty King George the Fourth, nor shall it be necessary that the same should be executed in the presence of an attorney for such prisoner, according to the provision hereinbefore in that behalf contained; and the order of the said Court for entering up such judgment shall be a sufficient authority to the proper officer for entering up the same, and such judgment shall have the force of a recognizance; and if at any time it shall appear to the satisfaction of the said Court that such prisoner is of ability to pay such debts or any part thereof, or that he is dead, leaving assets for that purpose, the said Court may permit execution to be taken out upon such judgment, for such sum of money as, under all the circumstances of the case, the said Court shall order, such sum to be distributed rateably amongst the creditors of such prisoners according to the mode hereinbefore directed in the case of a dividend made after adjudication; and such further proceedings shall and may be had upon such judgment as may seem fit to the discretion of the said Court from time to time until the whole of the debts due to the several persons against whom such discharge shall have been obtained shall be fully paid and satisfied, together with such costs as the said Court shall think fit to award; and no scire facias shall be necessary to revive such judgment on account of any lapse of time, but execution shall at all times issue thereon by virtue of the order of the said Court; Provided always, that in case any such application against any such prisoner shall appear to the said Court to be ill-founded and vexatious, it shall be lawful for the said Court, not only to refuse to make any order on such application, but also to dismiss the same, with such costs against the party or parties making the same as to the said Court shall appear reasonable, and the said costs shall be paid accordingly.
48. And be it enacted and ordained, that in case any such person shall, after he has become entitled to the benefit of this Ordinance by any such adjudication as aforesaid, become entitled to or possessed of, in his own right, any property, whether the same be in Hongkong or elsewhere, which by law cannot be taken into execution under the said judgment so to be entered up in the names of such assignee or assignees as aforesaid, and such prisoner shall have refused to convey, or assign, or transfer such property, or so much thereof as may be sufficient to satisfy the said judgment, then, and in such case, it shall be lawful for the assignee or assignees of such prisoner to apply by petition in a summary way, setting forth the facts of the case to the said Court, and to pray that the said prisoner may be taken and committed to custody not-