196 ORDINANCE No. 3 OF 1846 .
Insolvent Debtors.
Before adjudi 47. And be it enacted and ordained , that before any such adjudication shall be
cation, prisoner
shall execute made with respect to any such prisoner, the said Court shall require such prisoner to
warrant of at
torney to con
fess judgment execute a warrant of attorney to authorize the entering up of a judgment against such
for amount of
debts in sche prisoner in the Court, in the name of the assignee or assignees of such prisoner, or of such
dule.
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
Court may per same, and such judgment shall have the force of a recognizance ; and if at any time it
mit execution to
be taken out shall appear to the satisfaction of the said Court that such prisoner is of ability to pay
thereupon, when
insolvent is of such debts or any part thereof, or that he is dead, leaving assets for that purpose, the
ability to pay,
or is dead, leav
ing assets. 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;
No scire facias and no scire facias shall be necessary to revive such judgment on account of any lapse
necessary.
of time, but execution shall at all times issue thereon by virtue of the order of the
If application is said Court ; Provided always, that in case any such application against any such prisoner
ill-founded and
vexatious, Court shall appear to the said Court to be ill-founded and vexatious, it shall be lawful for
may dismiss the
same, with costs. 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.
Where insolvent 48. And be it enacted and ordained, that in case any such person shall, after he
shall after dis
charge become has become entitled to the benefit of this Ordinance by any such adjudication as
entitied to pro
perty which aforesaid, become entitled to or possessed of, in his own right, any property, whether
cannot be taken
in execution,
the assignee the same be in Hongkong or elsewhere, which by law cannot be taken into execution
may apply to
Court for relief. 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