Cases.
with respect to which any such Prisoner shall have been adjudged to be discharged out of Custody, he being then in Custody thereupon, shall be specified in the Warrant of the said Court to be delivered to the Gaoler in that Behalf.
Adjudication may be
XLIV. And be it enacted and ordained, That where it shall appear to the said conditional in certain Court at any such Hearing as aforesaid of any such Prisoner that certain Matters or Things ought to be performed by or on behalf of such Prisoner before he is intended to be actually discharged from Custody, but that nevertheless it is expedient not to adjourn the Hearing of the Case absolutely to some future Occasion, without the Opportunity of such Discharge being sooner had by doing such Things as aforesaid, it shall be lawful for the said Court to pronounce Adjudication without their issuing the Order and Warrant pursuant thereto; and that such Adjudication may be directed to be conditional on the Performance of such Matters and Things as aforesaid, and that on the nonperformance thereof the Hearing of such Case shall stand adjourned, according to the Direction made in that Behalf.
Where Adjudication
one
XLV. Provided always, and be it enacted and ordained, That in all Cases where is a Discharge at a fu- it shall have been adjudged that any such Prisoner shall be so discharged, and so ture Period, the Pri- entitled as aforesaid, at some future Period, such Prisoner shall be subject and liable to soner may be detained be detained in Prison, and to be arrested and charged in Custody at the Suit of any or arrested, &c, till
or more of his or her Creditors with respect to whom it shall have been so that Period arrives.
adjudged, at any Time before such Period shall have arrived, in the same Manner as he would have been subject and liable thereto if this Ordinance had not passed: Provided nevertheless, that when such Period shall have arrived, such Prisoner shall be entitled to the Benefit and Protection of this Ordinance, notwithstanding that he may have been out of actual Custody during all or any Part of the Time subsequent to such Adjudication, by reason of such Prisoner not having been arrested or detained during such Time or any Part thereof.
XLVI. And be it enacted and ordained, That in all cases where such Prisoner taining Creditor to pay shall, upon such Adjudication as aforesaid, be liable to further Imprisonment at the ceeding Four Shillings Suit of his Creditor or Creditors, or any or either of them, it shall be lawful at any Time for the said Court, on the Application of such Prisoner, to order the Creditor or Creditors at whose Suit he shall be so imprisoned to pay to such Prisoner such Sum or Sums of Money, not exceeding the Rate of Four Shillings by the Week in the whole, at such Times and in such Manner and in such Proportions as the said Court shall direct, and that on Failure of Payment thereof, as directed by the said Court, the said Court shall order such Prisoner to be forthwith discharged from Custody at the Suit of the Creditor or Creditors so failing to pay the same.
Court may order de-
Prisoner a Sun not ex-
a Week.
Schedule.
Before Adjudication, XLVII. And be it enacted and ordained, That before any such Adjudication shall Prisoner shall execute be made with respect to any such Prisoner the said Court shall require such Prisoner Warrant of Attorney to confess Judgment to execute a Warrant of Attorney to authorize the entering up of a Judgment against for Amount of Debts in 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 Pri- soner, 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 de- clared not to be within the meaning of the said Act passed 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 Autho- rity to the proper Officer for entering up the same, and such Judgment shall have the Court may permit Force of a Recognizance; and if at any Time it shall appear to the Satisfaction of the Execution to be taken said Court that such Prisoner is of Ability to pay such Debts or any Part thereof, or out thereupon, when Insolvent is of Ability that he is dead, leaving Assets for that Purpose, the said Court may permit Execution to pay, or is dead, to be taken out upon such Judgment, for such Sum of Money as under all the cir- leaving Assets. cumstances 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 thic said Court from Time to Time, until the whole of the Debts due to the several Per- sons against whom such Discharge shall have been obtained shall be fully paid and No Seire facias ne- 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 If Application is ill said Court: Provided always, that in case any such Application against any such founded and vexations, Prisoner shall appear to the said Court to be ill founded and vexations, it shall be law. Court may dismiss the ful for the said Court, not only to refuse, to make any Order on such Application, but same, with Costs.
also to dismiss the same, with such Costs against the Party or Parties making the same
cessary.
as to the said Court shall appear reasonable, and the said Costs shall be paid accord- ingly.
XLVIII.
perty which cannot be
XLVIII, And be it enacted and ordained, That in case any such Person shall, Where Insolvent after he has become entitled to the Benefit of this Ordinance by any such Adjudication shall after Discharge as aforesaid, become entitled to or possessed of, in his own Right, any Property, whe- became entitled to Pro- ther the same be in Hongkong or elsewhere, which by Law cannot be taken into Exe- taken in Execution, the cution under the said Judgment so to be entered up in the Names of such Assignee or Assignee may apply to Assignees as aforesaid, and such Prisoner shall have refused to convey or assign or Court for Relief. transfer such Property, or so much thereof as may be sufficient to satisfy the said Judg- ment, 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 notwithstanding any such Adjudication and Discharge as aforesaid; and thereupon, if upon Examination by the said Court, and hearing as well the said Assignee or Assignees as the said Prisoner, in case he shall appear, or the said As- signee or Assignees only, in case such Prisoner, due notice having been given to him, shall not appear, it shall appear to the said Court that the Contents of such Petition are
Court may order true, then and in such case the said Court shall so declare and adjudge, and shall Prisoner to be remand- thereupon order the said Prisoner to be apprehended, and committed to Custody within e to Custody until he the Walls of any Prison which the said Court shall direct, and not within any Rules or
transfers such Property. Liberties thereof, until he shall convey, assign, and transfer such Property, or so much thereof as the said Court shall direct, towards the Satisfaction of the said Judgment, to such Assignee or Assignees, for the general Benefit of the Creditors of such Prisoner.
XLIX. And be it enacted and ordained, That in case any Person or Persons, Manner of proceed- Body Politic or Corporate, shall, after any such Insolvent shall have become entitled to ing where after the the Benefit of this Ordinance by any such Adjudication, as aforesaid, become or be Discharge of a Prisoner, possessed of, or have under his or their Power or Control, any Legacy, or Money due or any Person shall be- growing due, Bills of Exchange, Promissory Notes, Bank Notes, Securities for Money, perty belonging to him. Goods and Chattels, or any other Property whatsoever belonging to such Insolvent, or held in Trust for him, or for his Use and Benefit, or to which such Insolvent shall be in any way entitled, or in case any such Person or Persons, Body Politic or Corporate, shall be at such Period in any Manner indebted to such Insolvent, it shall be lawful for the said Court, upon the Application of any Assignee or Creditor of such Insolvent, to cause Notice to be given to such Person or Persons, Body Politic or Corporate, di- recting him or them to hold and retain the said Property till the said Court shall make further Order concerning the same; and thereupon it shall be lawful for the said Court further to order such Person or Persons, Body Politic or Corporate, to deliver over such Property, and to pay such Debts as aforesaid, or any Part thereof, to the Provisional or other Assignee or Assignees of the Estate and Effects of such Insolvent, for the general Benefit of the Creditors of such Insolvent, entitled to claim under such Judgment entered up by Order of the said Court, as aforesaid; and such Delivery and Payment shall be made accordingly, in obedience to such Order; and such Person and Persons, Body Politic and Corporate, shall by such Payment and Delivery, so made in pursuance of such Order of the said Court, be discharged in respect of such Property, and Debts against all Persons whatsoever to all Intents and Purposes.
come possessed of Pro-
Court from which Pro- coss issued.
L. And be it enacted and ordained, That no Person who shall have become Persons discharged entitled to the Benefit of this Ordinance by any such Adjudication as aforesaid shall at under this Ordinance any Time thereafter be imprisoned by reason of the Judgment so as aforesaid entered not liable to Imprison- up against him or her, according to this Ordinance, or for or by reason of any Debt or ment for Debts, &c., Sum of Money, or Costs, with respect to which such Person shall have become so en extends.
to which Adjudication titled, or for or by reason of any Judgment, Decrce or Order for Payment of the same; but that upon every Arrest or Detainer in Prison upon any such Judgment so entered up as aforesaid, or for or by reason of any such Debt or Sum of Money or Costs, or Judgment, Decree, or Order for Payment of the same, it shall be lawful for any judge, If arrested, to be re- of the Court from which any Process shall have issued in respect thereof, and such leased by Judge of the Judge is hereby required, upon Proof made to his Satisfaction that the cause of such Arrest or Detainer is such as hereinbefore mentioned, to release such Prisoner from Custody, unless it shall appear to such Judge, upon Inquiry, that such Adjudication as aforesaid was made without due Notice, where Notice is by this Ordinance required, being given to or acknowledged by the Plaintiff on such Process, or being by him dispensed with by the Acceptance of a Dividend under this Ordinance, or otherwise; and at the same Time, if such Judge shall in his Discretion think fit, it shall be lawful Who may order for him to order such Plaintiff, or any Person or Persons suing out such Process, to
Costs to be paid to him. pay such Prisoner the Costs which he shall have incurred on such Occasion, or so much thereof as to such Judge shall seem just and reasonable, such Prisoner causing a Common Appearance to be entered for him in such Action or Suit.
LI. And be it enacted and ordained, That after any Person shall have become
After Disenarge, no entitled to the Benefit of this Ordinance by any such Adjudication as aforesaid, no Writ Execution to issne of Fieri facias or Elegit shall issue on any Judgment obtained against such Prisoner, for against Insolvent for any Debt or Sum of Money with respect to which such Person shall have so become Debts, &c., to which entitled, nor in any Action upon any new Contract or Security for Payment thereof, Adjudication extends. except upon the Judgment entered up against such Prisoner according to this Ordi-
nance,
421