716498-1864-HONGKONG-ANNO-VICESIMO-SEPTIMO-VICTORIE-REGINE-NO-5-OF-1864- — Page 28

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THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.

Penalty on persons guilty of misdemeanors herein named.

consent of a majority in number representing three-fourths in value of all his other Creditors to such deed or instrument as aforesaid: Provided that notice shall have been inserted by or on behalf of the Debtor in one or more Newspapers published in the Colony or place at which he shall have carried on business immediately prior to the date of such deed or instrument, requiring his Creditors to signify their assent to or dissent from such deed or instrument by notice in writing addressed to the trustee or trustees thereof within fourteen days from the insertion of such notice, and that the affidavit or certificate of the trustee or trustees shall state the circumstances of the case, and the same shall be allowed by the Court, and if the deed or instrument be in such form as is hereinbefore provided which shall vest all the estate and effects of the Debtor in the trustees of such deed, and provided that all such other conditions as are hereinbefore required be duly complied with.

As to misdemeanors under this Ordinance.

CLXXI. From and after the commencement of this Ordinance any Bankrupt who 'shall do any of the acts or things following with intent to defraud or defeat the rights of his Creditors, shall be guilty of a misdemeanor, and shall be liable at the discretion of the Court before which he shall be convicted to be imprisoned for any period not exceeding three years.

1. If he shall not upon the day limited for his surrender, and before three of the clock of such day, or at the hour and upon the day allowed him for finishing his exa- mination, after notice thereof in writing to be served upon him personally or left at his usual or last known place of abode or business, and after the notice herein directed in the Hongkong Government Gazette surrender himself to the Court (having no lawful impediment allowed by the Court) and sign and subscribe such surrender, and submit to be examined before such Court from time to time:

2. If he shall not upon his examination fully and truly discover, to the best of his knowledge and belief all his property, real and personal, inclusive of his rights and credits, and how and to whom, and for what consideration, and when he disposed of, assigned, or transferred any part thereof, except such part as has been really and bonâ fide before sold or disposed of in the way of his trade or business, if any, or laid out in the ordinary expense of his family, or shall not deliver up to the Court or dispose as the Court directs of all such part thereof as is in his possession, custody, or power, except the necessary wearing apparel of himself, his wife, and children; and deliver up to the Court all books, papers and writings in his possession, custody or power relating to his property or affairs:

3. If he shall after any act of bankruptcy upon which adjudication has been granted, with intent to defraud his Creditors, remove, conceal or embezzle any part of his pro- perty to the value of Fifty Dollars or upwards:

4. If in case of any person having to his knowledge or belief proved a false debt under his bankruptcy, he shall fail to disclose the same to his Assignees within one month after coming to the knowledge or belief thereof;

5. If he shall, with intent to defraud, wilfully and fraudulently omit from his Schedule any effects or property whatsoever:

6. If he shall, after the filing of the petition for adjudication, with intent to conceal the state of his affairs, or to defeat the object of the law of bankruptcy conceal, prevent, or withhold the production of any book, deed, paper or writings relating to his property, dealings or affairs:

7. If he shall, after the filing of the petition for adjudication, or within three months next before adjudication, with intent to conceal the state of his affairs, or to prevent the fair distribution of his property among his Creditors, part with, conceal, destroy, alter, mutilate, or falsify, or cause to be concealed, destroyed, altered, mutila- ted, or falsified, any book, paper, writing, or security, or document relating to his pro- perty, trade dealings, or affairs, or make or be privy to the making of any false or fraudulent entry or statement in or omission from any book, paper, document or writing, relating thereto:

8. If within the like time he shall, knowing that he is at the time unable to meet his engagements, fraudulently and with intent to diminish the sum to be divided. amongst his Creditors, have made away with, mortgaged, encumbered, or charged any