657022-1890-Bill-Bankruptey-Ordinance — Page 25

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1194

THE HONGKONG GOVERNMENT GAZETTE, 29ти NOVEMBER, 1890.

Forms.

F'ess.

(2.) Where any person is liable under any other Ordi- nauce or under any Act of the Imperial Parliament or at Common Law to any punishment or penalty for any offence made punishable by this Ordinance such person may be proceeded against under such other Ordinance Act of Par- liament or at Common Law or under this Ordinance so that he be not punished twice for the same offence.

(3.) Where a debtor has been guilty of any criminal offence he shall not be exempt from being proceeded against therefor by reason that he has obtained his discharge or that a composition or scheme of arrangement has been accepted or approved.

Schedules.

84. The forms contained in Schedule A hereto with such variations and additions as circumstances require may be used for proceedings under this Ordinance and shall as regards the form thereof be valid and sufficient.

85. The fees mentioned in Schedule B shall be charged in respect of the various matters to which they relate pro- vided that the Court for good canse shown may dispense with the payment of any particular fee or fees or any part thereof upon such terms as it shall think fit.

SCHEDULES.

SCHEDULE A.

FORMS.

No. 1.

General Title in Bankruptcy Proceedings.

In the Supreme Court of Hongkong.—

In Bankruptcy.

No. of 189

Re [A.B. (Debtor's name)].

Er parte [The Debtor" or "C.D. a Creditor" or "The Official

Receiver" or "The Trustee"].

No. 2.

Declaration of Inability to Pay.

I A.B. [name and description of debtor] residing at

and carrying on business at

I am unable to pay my debts.

Dated

189

Signed by the debtor in my presence

Signature of witness

Address

hereby declare that

Signature A.B.

Description

Filed the

day of

No. 3.

189

Debtor's Petition. (TITLE.)

1 [name address and description of debtor] residing at

(and carrying on business at

) being unable to pay. my debts hereby petition the Court that a receiving order he made in respect of my estate [and that I may be adjudged Pankrupt.]

Dated

Signature of witness

189

Signature.

Address

Description

Filed the

day of

189

No. 4. Bankruptcy Notice. (TITLE.)

To [A.B. or A.B. and Co.] of

Take notice that within

days after service of this notice on you excluding the day of such service you must pay to C.D. of

the sum of $

claimed by him as being the amount due on a final judgment obtained by him against you in the Supreme Court dated

whereon

execution has not been stayed or you must secure or compound for the said sum to his satisfaction or the satisfaction of the Court or you must satisfy the Court that you have a counter-claim set-off or cross-demand against C.D. which equals or exceeds the sum claimed by him and which you could not set up in the action in which the judgment was obtained.

Dated

By the Court

189

+

Registrar.

Indorsement on Notice.

You are specially to note

That the consequences of not complying with the requisitions of this notice are that you will have committed an act of bankruptcy on which bankruptcy proceedings may be taken against you.

If however you have a counter-claim set-off or cross-demand which equals or exceeds the amount claimed by C.D. in respect of the judgment and which you could not set up in the action in which the said judgment was obtained you must within apply to the Court to set aside this notice.

days

(Name and address of solicitor serving out the notice.) (a.) This notice is served out by [C.D.] in person.

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