9° VICTORIE.- No. 3 OF 1846. 7
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 Consequence 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 or 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 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
according 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.
III. And be it enacted and ordained, That upon the filing of Effects,
Prisoner's Estateand
except Wear-
such Petition by such Prisoner, or on the filing of such Petition by ing Apparel, &c., not
such Creditor or Creditors as aforesaid, and the Evidence in Support exceeding £20, to and
be
thereof, as the case may be, it shall be lawful for the said Supreme vested in Provisional
Court, and such Court is hereby authorized and required, to order Assignee
the by Order of
that all the Real and Personal Estate and Effects of such Prisoner
within this Colony, except 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 of 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 Dis-
charge 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