THE HONGKONG GOVERNMENT GAZETTE, 30ти APRIL, 1864.
frauds upon Creditors by secret warrants of Attorney to confess Judgment: and whereas it is expedient to extend the provisions of that Act; be it enacted and ordained that the last mentioned Act shall extend to the provisional or other Assignee or Assignees of every Prisoner whose Estate shall after the expiration of Twenty one days next after his execution of such warrant of Attorney or giving of such Cognovit Actionem as therein mentioned, be vested in the Provisional Assignee of the Court, by virtue of this Ordinance, as if the last mentioned Act had been expressly herein enacted and ordained; and every such warrant of Attorney, and Judgment and execution thereon, and every such Cognovit Actionem and Judgment entered up thereon as are declared by the last mentioned Act to be fraudulent and void against the Assignees mentioned therein shall be deemed equally fraudulent and void against the Official or other Assignee or Assignees of such Debtor appointed under this Ordinance; and such Official or other Assignee or Assignees shall be entitled to recover back, and receive for the use of the Creditors of such Debtor, all and every monies levied and effects seized under or by virtue of any such Judgment or execution.
171
Chambers or before
CIX. Every Creditor of the Bankrupt may after adjudication prove his debt by Proof in Court or in deposition in Court or in Chambers or before any Officer appointed for that purpose at Officer appointed or by any meeting of Creditors elsewhere than in Court, or by affidavit upon his own oath, Affidavit. or upon that of any other person in his employment: Provided that where such Depo- sition or Affidavit shall be made by any other Person than the Creditor, the deponent shall in his Deposition or Affidavit, set forth that he is duly authorized by his principal to make the Deposition or Affidavit, and that it is within his own knowledge, that the debt was incurred, and for the consideration stated, and that to the best of his know- ledge and belief the debt still remains unpaid and unsatisfied.
CX. Every Creditor of the Bankrupt may also after adjudication, prove his Proof by post. debt, by delivering or sending through the General Post, before the appointment of a Creditors' Assignee to the Official Assignee and after such appointment to the Creditor's Assignee a statement of such debt and of the Account if any between the Creditor and the Bankrupt, together with a declaration signed by the Creditor, appended thereto, that such statement is a full, true, and complete statement of account between the Creditor and the Bankrupt, and that the debt thereby appearing to be due from the estate of the Bankrupt to the Creditor is justly due: and all bodies politic and public companies incorporated, or authorized to sue or bring actions, may prove by an Agent, provided such Agent shall in this declaration declare that he is such Agent, and that he is authorized to make such proof: and such declaration signed by such Creditor and Agent respectively as aforesaid, shall be in such form as general orders shall direct.
misdemeanor.
CXI. Any person who shall wilfully and corruptly make any declaration for proof False declaration a of debt as aforesaid, knowing the same, or the statement of account to which the same' shall be appended, to be untrue in any material particulars, shall be deemed guilty of a misdemeanor, and shall be liable to undergo the pains and penalties imposed upon persons guilty of wilful and corrupt perjury.
CXII. The Official or Creditors' Assignee, as the case may be, shall examine all the statements of account as aforesaid and compare the same with the books, accounts and other documents of the bankrupt, and shall from time to time make out a list of the Creditors who have proved their debts, stating the amount and nature of such debts, which list shall be open to the inspection of any creditor who has proved under the
estate.
Official Assignee to account, and make out list of Creditors
examine all statements
of
who have proved.
Power to examine
upon oath alleged Cre-
CXIII. The Court may, on the application of the Assignee, or of any Creditor, or of the Bankrupt, or without any application, examine upon oath or otherwise any person ditors, &c. tendering, or who has made a proof, and may summon any person capable of giving evidence concerning such proof, and, in like manner, where the debt is tendered on affidavit or statement, as hereinbefore provided, may summon and examine on oath or otherwise, the person who has made the affidavit or statement, and any other person capable of giving evidence concerning the debt sought to be proved.
Bond file Creditors tracted after an act
in respect of debts con-
CXIV. Every person with whom any Bankrupt shall have really and bona fide contracted any debt or demand before the filing of the petition for adjudication shall notwithstanding any prior act of bankruptcy committed by such Bankrupt, be admitted of Bankruptcy may to prove the same, as if no such act of bankruptcy had been committed, provided such person had not, at the time the same was contracted, notice of any act of bankruptcy, by such Bankrupt committed.
prove.
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