In 175
Inclosure. 13 in Deep. 1.97 of 27th December 1862.
INSOLVENT DEBTOR'S ACT.
HONGKONG,
ANNO NONO VICTORIE REGINE.
No. 3 of 1846.
By His Excellency, Sir JOHN FRANCIS DAVIS, Baronet, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Ad- miral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of Her Majesty's Subjects trading to and from the Dominions of the Emperor of China, with the advice of the Legislative Council of Hongkong,
AN ORDINANCE FOR THE RELIEF OF INSOLVENT DEBTORS WITHIN THE COLONY OF HONGKONG.
[6th May, 1846.]
Title,
Preamble.
Discharge,
Time of petitioring.
What shall be stated in the Petition.
I. WHEREAS it is expedient that express provisions should be made for such Cases of Insolvency; Be it therefore enacted and ordained by the Governor of Hong- kong with the advice of the Legislative Council thereof, that from and after the time ap- pointed for the commencement of this Ordinance, it shall be lawful for any Person who Persons Imprisoned shall be in actual Custody within the walls of any Prison in the Colony of Hongkong, upon for Debt may apply to any process whatsoever, for or by reason of any Debt, Damages, Costs, Sum, or Sums the Supreme Court in of Money, or for or by reason of any Contempt of any Court whatsoever, for nonpay- a Summary Way for ment 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 Person would be liable in purging such con- tempt, or in any manner in consequence or by reason of such contempt, at any time within the space of Fourteen Days next after the commencement of the actual Custody of such Prisoner, whether such commencement shall have been in the same Prison, or in any other Prison; or afterwards, if the Supreme Court of Hongkong shall in any case think reasonable to permit the same, to apply by Petition in a summary way to the said Supreme Court for his Discharge from such Custody, according to the Provi- sions of this Ordinance ;' and in such Petition shall be stated the time and place of the first Arrest of such Prisoner in the Cause or Causes wherein he shall then be detained, and the time of his Commitment to the Prison where he shall 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 halle subscribed by the said Prisoner, and shall forthwith be filed in the said Supreme Court.
II.
Petition to be signed
and filed.
414