THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
shall be entitled to prove for interest, to be calculated at a rate not exceeding Twelve per centum per annum, up to the date of the filing of such petition, from the time when such debt or sum certain was payable, if such debt or sum be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the time of payment.
175
ceed against the Bank-
CXXXV. No Creditor who has brought any action or instituted any suit against Proving debt to be any Bankrupt in respect of a demand prior to the adjudication, or which might have an election not to pro- been proved as a debt under the bankruptcy, shall prove a debt under such bankruptcy rupt by action. or have any claim entered upon the proceedings without relinquishing such action or suit, and the proving or claiming a debt under a petition for adjudication by any Creditor shall be deemed an election by such Creditor to take the benefit of such petition with respect to the debt so proved or claimed; provided that such Creditor shall not be liable to the payment to such Bankrupt or his Assignees, of the costs of such action or suit, so relinquished by him, and that where any such Creditor shall have brought an action or suit against such Bankrupt jointly with any other person, his relinquishing such action or suit against the Bankrupt, shall not affect such action or suit against such other person: provided also that any Creditor who shall have so proved or claimed, if the petition for adjudication be afterwards dismissed may proceed in the action as if he had not so proved or claimed.
more than other Cre-
CXXXVI. No Creditor having security for his debt, shall receive upon any such Creditors having security more than a rateable part of such debt, except in respect of any execution or security not to receive extent served and levied by seizure and sale upon, or any mortgage of or lien upon any ditors. part of the property of such Bankrupt before the filing of the petition for adjudication.
CXXXVII. The Court may at any time expunge or reduce a proof of debt on such application and such evidence as it shall think fit, and for the purpose may summon and examine upon oath or otherwise any person who shall have proved together with any person whose evidence may appear to the Court to be material either in support of, or in opposition to, such debt, and may make such order as to the costs of any application in that behalf as it shall see fit.
CXXXVIII. Fourteen days after any Bankrupt shall have passed his last examina- tion, the Court may make an order to be called an Order of discharge, and such Order shall thereupon take effect from the date thereof except the same be suspended as here- inafter provided.
How proof may be
expunged.
Order of discharge.
To discharge Bank-
proveable under his
CXXXIX. When the Order of discharge shall take effect it shall, subject to any con- dition mentioned therein, discharge the Bankrupt from all debts, claims and demands rupt from all claims provable under his bankruptcy, and from the effects of any process issuing out of any Bankruptcy. Court for contempt of any Court for non-payment of money, or of costs or expenses in any Court, and from all costs which he would be liable to pay in consequence of or on purging his contempt and any Bankrupt in custody under any such process as aforesaid shall on obtaining his discharge be entitled to be discharged from such custody
forthwith.
under contracts, &c.,
CXL. No Bankrupt after the order of discharge shall take effect shall be liable Bankrupt not liable to pay or satisfy any debt, claim or demand proveable under the Bankruptcy, or any made after filing peti- part of such debt, claim or demand upon any contract, promise or agreement made after tion for adjudication. the filing of the petition for adjudication.
CXLI. If the Assignee or any Creditor shall allege, and if the Court without such allegation shall be of opinion, that there is ground for charging the Bankrupt with Acts or Conduct amounting to a misdemeanor under this Ordinance, the Court may direct the Attorney General to prosecute such Bankrupt under this Ordinance; and in any such case the Order of discharge of such Bankrupt shall not be granted until after the trial of such Bankrupt, and may thereupon be granted or wholly refused or sus- pended from taking effect or be granted upon such conditions as the Court shall think fit.
CXLII. If it shall appear to the Court that the Bankrupt has carried on trade by means of fictitious capital, or that he could not at the time when any of his debts were contracted have had any reasonable or probable ground of expectation of being able to pay the same, or that he has with intent to conceal the true state of his affairs wilfully omitted to keep proper books of account, or that his bankruptcy is attributable to rash
If Bankrupt guilty may suspend or refuse
of misdemeanor, Court
order of discharge.
If Bankrupt carried
on trade by fictitious capital, Court may
refuse or suspend
order.
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