412
that purpose,
Detaining Creditors II. And be it enacted and ordained, That if any Prisoner who at the time ap- of Prisoners in Execu- pointed for the Commencement of this Ordinance shall have been committed to any tion may apply by Pe Prison or Gaol, and charged in Execution for any Debt, Damages, or any Costs or Sum tition to Supreme Court for an Order to vest or Sums of Money, or committed for or by reason of any Contempt of any Court whatso- Debtor's Estate in Pro- ever for Nonpayment of any Sum or Sums of Money, or of Costs, faxed or untaxed, either visional Assignee of ordered to be paid, or to the Payment of which such Prisoner would be liable in pur- Court appointed for ging 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 Commence- ment of this Act, make satisfaction to the Creditor or Creditors at whose suit such pri- soner 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 Nonpayment 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 Nonpayment of which such Prisoner shall have been in Contempt, or to the Payment of which such Prisoner would be liable in conse- quence or by reason of such Contempt; then, and in any of the said cases, it shall be lawful for any such Creditor or Creditors, or Person or Persons entitled to such Money as aforesaid, to apply by Petition in a summary way to the said Supreme Court for an order vesting the real and personal Estate and Effects of such Prisoner in the Provisional Assignee for the time being of the Estate and Effects of Insolvent Debtors in the Colony of Hongkong, according to the provisions of this Ordinance, and such Petition shall be signed by the Party or Parties so applying; and in such petition shall be stated the time and place of the Commitment of Charge in Execution of such Prisoner at the Suit of the Party or Parties so applying, and the Amount of the Debt or Sum of Money for for which such Prisoner shall have been so committed or charged in execution; and such Petition shall be supported by such evidence, by Affidavit or otherwise, of the truth of the Matters therein stated as the said Court shall think fit to require; and the Party or Parties presenting such Petition shall thereby state that he or they is or are desirous that such Prisoner should be ordered to file a Schedule of his Property accord. ing to the Provisions of this Ordinance, and should thereupon be brought up before the said Supreme Court to be dealt with according to the Provisions of this Ordinance; and such Petition and the Evidence in support thereof shall forthwith be filed in the said Court; and the said Court shall and may require such Prisoner to file his Schedule and shall and may cause such Prisoner to be brought up to be dealt with according to this Ordinance, and all things to be done thereupon or preparatory thereto as in other cases according to this Ordinance.
Prisoner's Estate and
L'ourt.
III. And be it enacted and ordained, That upon the filing of such Petition by such Effects, except wearing Prisoner, or on the filing of such Petition by such Creditor or Creditors as aforesaid, apparel, &e, not ex- and the Evidence in support thereof, as the case may be, it shall be lawful for the said cceding £20, and fo- ture Estate, to be vest-
Supreme Court, and such Court is hereby authorized and required, to order that all ed in Provisional A the Real and Personal Estate and Effects of such Prisoner within this Colony, except signee by order of the the Wearing Apparel, Bedding, and other such Necessaries of such Person and his Family, and the working Tools and Implements of such Prisoner, not exceeding in the whole the Value Twenty Pounds, and all the future Estate, Right, Title, Interest, and Trust of such Prisoner in or to any Real and Personal Estate and Effects within this Colony or which such Prisoner may purchase, or which may revert, descend, be devised or bequeathed, or come to him, before he shall become entitled to his final Discharge in pursuance of this Ordinance, according to the adjudication made in that Behalf; or in case such Prisoner shall obtain his full Discharge from Custody without any Adjudication being made by the said Court, then before such Prisoner shall be so fully Discharged from Custody; and all Debts due or growing due to such Prisoner, or to be due to him or her before such Discharge as aforesaid shall be vested in the Provisional Assignee for the Time being of the Estates and Effects of Insolvent Debtors in the said Colony of Hongkong, and such Order shall be entered of Record in the same Court, and such Notice thereof shall be published as the said Court shall direct; and such Order when so made shall, without any conveyance or Assignment, vest all the Real and Personal Estate and Effects of such Prisoner, and all such future Real and Personal Estate and Effects as aforesaid, of every Nature and Kind whatso- ever, and all such Debts as aforesaid, in the said Provisional Assignce: Provided always, that in case the Petition of any such Prisoner shall be dismissed by the said Court, such vesting Order made in pursuance of such Petition shall from and after such dismission be null and void to all Intents and Purposes: Provided also, that in case any such vesting Order as aforesaid shall become null and void by the Dismission o.
the
the Prisoner's Petition, all the Acts theretofore done by the said Provisional Assignee, or any Person or P'ersons acting under his Authority, according to the Provisions of this Ordinance, shall be good and valid; and no Action or Suit shall be commenced against such Provisional Assignee, nor against any person duly acting under bis Authority, except to recover any Property, Estate, Money, or Effects of such Prisoner, detained after an Order made by the said Court for the Delivery thereof, and Demand made thereupon: Provided also, that when such vesting Order shall have been made on the Petition of a Creditor as aforesaid, it shall be lawful for the said Court, if it shall seem just and right, but not without Proof made to the Satisfaction of the said Court of the Consent of the Petitioning Creditor, to make Order declaring such vesting Order to be null and void, and the same shall thereupon be null and void to all Intents and Purposes: Provided always and it is hereby declared that before or after the making of such vesting Order it shall and may be lawful for the said Court if it shall seem fit or expedient to order any necessary conveyance by the said Insolvent of the whole or part of his Real or Personal Estate or Effects or Assets whatsoever which may be situated abroad or out of the said Colony.
Prisoners within the
Except in certain
IV. And be it enacted and ordained, That no Prisoner shall upon his own Petition be entitled to the Benefit of this Ordinance who shall not be at the Time of Walls only to petition; filing his Petition, and during all the Proceedings thereon, in actual Custody within the Walls of the Prison, without any Intermission of such Imprisonment by leave of the Court or otherwise: Provided always, that if, after any such Prisoner shall have obtained an Order to be brought up in order to be dealt with according to the cases. Provisions of this Ordinance, it shall appear to the Satisfaction of the said Court, by the Oath or Affidavit of a Physician, Surgeon, or Apothecary, and such other Evidence as the said Court may require, that such Prisoner cannot continue to reside within the Walls of any such Prison without serious Injury to the Health of such Prisoner, or that for the sake of the Health of the Prisoners in general, it is necessary that the Number thereof within the Walls of any such Prison should be reduced, it shall be lawful for the said Court to dispense with such actual Custody of any such Prisoner within the Walls as is hereinbefore mentioned; provided that if any such Prisoner, having obtained such Dispensation, shall go beyond the Rules and Liberties in which he shall in pursuance thereof be confired, such Prisoner sball thereby be deprived of all Benefit
at the time and place
of this Ordinance: Provided also, that after any Order shall have been made under Power to Court to this Ordinance directing any Insolvent to be brought up in order to be dealt with direct Prisoner to be according to the Provisions of this Ordinance, it shall be lawful for the said Court, if discharged on his find- such Court shall think fit so to do, and on such notice to the detaining Creditor or ing Sureties to attend Creditors of such Insolvent as the said Court shall deem proper, to direct such of hoaring. Insolvent to be Discharged out of Custody, on his finding Two sufficient Sureties to enter into a Recognizance to the Provisional Assignee of the said Court in such Sum as the said Court shall think fit, with a Condition that such Insolvent shall duly appear at the Time and Place fixed for the Hearing of such Insolvent, and on every adjourned Hearing, and shall abide by the final Judgment of the said Court, and on such other Terms (if any) as the said Court shall think fit to impose, and to issue a Warrant directed to the Gaoler ordering the Discharge of such Insolvent from Custody accordingly, and that after such Discharge such Insolvent shall be free from Arrest or Imprisonment by any Creditor whose debt shall be specified in the Schedule filed by such Insolvent as hereinafter mentioned, until the Tine appointed for the Hearing of such Insolvent, and for such further Time (if any) as the said Court shall by Endorse- ment on such Order from Time to Time appoint: Provided always nevertheless, that in case any Insolvent so Discharged out of Custody shall not duly appear at the Time and Place fixed for the Hearing or any adjourned Hearing of such Insolvent (not being prevented by Illness or other lawful Impediment, to be allowed of by the said Court) the Recognizance so entered into shall be forfeited, and the Amount secured thereby shall be recoverable in a Summary Way, by a Distress and Sale of the Goods and Chattels of such Sureties as the said Court shall by their Order direct; and the Amount so recovered shall be applied for the Benefit of the Creditors of such Insolvent in like Manner as if the same were Part of his Estate and Effects; and the said Court may also issue a Warrant authorizing any Person or Persons to be therein named to apprehend and Arrest such Insolvent, and deliver him into the Custody of the Gaoler or Keeper in whose Custody such Prisoner was at the Time when he was so discharged as aforesaid; and such Gaoler or Keeper is hereby required to receive such Prisoner again into his Custody; and all Detainers which were in force against him at the Time of such Discharge, or which shall have since been duly lodged against him, shall thereupon be deemed to be in force: Provided further, that any Insolvent so Discharged out of Custody as aforesaid shall on his appearing before the said Court be deemed and considered for all the purposes of this Ordinance, in the Custody in which he was at the Time he was so Discharged.
Prisoner not to le
V. And be it enacted and ordained, That no Prisoner whose estate shall by an discharged for want of Order under this Ordinance have been vested in the said Provisional Assignee shall, Plaintiff proceeding in after the making of such Order, be discharged out of Custody, as to any Action, Suit, his Action.
or